A growing contingent of business leaders is echoing the concerns previously raised by tourism head Fantasha Lockington regarding the need for transparency in the formulation of laws affecting the employment sector. These concerns have resurfaced with regard to the draft Employment Relations Bill, two years after an initial outcry from business leaders about similar issues was first reported by SunBiz.
Recent modifications to the bill have sparked further apprehension about how the draft was developed. Lockington asserted that the drafting process was conducted without prior consultation with business owners or their representatives. This week’s challenge, led by the CEO of the Fiji Hotel and Tourism Association, highlights efforts to sideline business leaders in discussions facilitated by the Fiji Commerce and Employers Federation.
Lockington remarked on the unexpected release of a new draft Bill, stating, “We received a draft Bill yesterday afternoon (Monday, October 15) without any warning, that includes new additions. The entire process should involve consultation, not just submissions. It wouldn’t make a difference if we submitted our views since they had the draft prepared anyway. They are expected to hold discussions with us, but it seems they were not inclined to explain each change.”
In a bold stance, Lockington is addressing these issues over two years after manufacturer Mike Towler expressed similar frustrations. From Australia, Towler critiqued the ministry, stating, “It’s the ministry that has been stalling and delaying the process, not the Fiji Commerce and Employers Federation. Why do you think Fantasha publicly addressed this issue? If the FCEF was delaying matters, she wouldn’t be speaking out against the ministry’s lack of action on negotiating changes to the Employment Relations Act. Additionally, the government has failed to resolve the improper process for raising the national minimum wage and adjustments to the sectoral wage council.”
The Employment ministry asserted its commitment to “promoting inclusive good-faith dialogue” concerning the review of the Employment Relations Act. Minister Agni Deo Singh stated that the Ministry of Employment, Productivity, and Workplace Relations has been actively consulting its key partners, the Fiji Commerce and Employers Federation and the Fiji Trades Union Congress, in accordance with the International Labour Organisation Convention 144.
However, Towler challenged the ministry’s claims, insisting that it is acting in bad faith. “The Ministry of Employment is the one behaving unprofessionally, not the Fiji Commerce and Employers Federation,” he argued. Singh and the ministry’s media liaison officer, Elina Vuniwa, are currently unavailable for comment.
Towler also criticized the ministry’s handling of the draft Employment Relations Act and urged Singh to separate himself from his union background. “He needs to remember that he is no longer just a union representative,” Towler stated. “As a minister, he should conduct himself accordingly. It may be time for him to resign or be dismissed and for someone capable to take over the ministerial role rather than behaving like a shop steward.”