Business Leaders Demand Transparency in Controversial Employment Bill Draft

Business leaders are increasingly supporting a prior call from tourism advocate Fantasha Lockington for greater transparency in the development of laws concerning the employment sector. The renewed focus on these issues, tied to the draft Employment Relations Bill, comes two years after similar concerns were voiced by business leaders, as reported by SunBiz.

Recent revisions to the draft have heightened unease among stakeholders, particularly regarding how the document has been created. Lockington asserts that the drafting process occurred without any prior consultation with business owners or their representatives. This week, the challenge was articulated by the CEO of the Fiji Hotel and Tourism Association, who shed light on what appears to be an effort to silence business perspectives at the Fiji Commerce and Employers Federation.

“Yesterday afternoon (Monday, October 15), we received a draft Bill unexpectedly, featuring new additions,” Lockington noted about the latest version of the draft. She emphasized that the essence of the process should revolve around meaningful consultation rather than simply submitting feedback. “Submitting anything wouldn’t change the outcome, as they had the draft prepared regardless. They need to engage with us to discuss, but it seems they wanted to avoid justifying each alteration.”

Lockington’s initiative follows similar sentiments shared by manufacturer Mike Towler over two years ago. “The ministry has been procrastinating instead of addressing these concerns,” Towler stated from Australia. “Why else would Fantasha go public? If the Fiji Commerce and Employers Federation was delaying things, she wouldn’t be calling the ministry out for its inaction regarding the negotiations on the Employment Relations Act. Additionally, the government has failed to correct the unlawful process surrounding the national minimum wage and sectoral wage council increases.”

In response, the Employment Ministry declared its commitment to promoting inclusive, good-faith discussions regarding the review of the Employment Relations Act. Minister Agni Deo Singh stated that the Ministry of Employment, Productivity, and Workplace Relations is dedicated to ensuring collaboration with tripartite partners — the Fiji Commerce and Employers Federation and the Fiji Trades Union Congress — as mandated by the International Labour Organization’s Convention 144 on tripartite consultations.

However, Towler has dismissed this assurance, blaming the Ministry for acting in bad faith. “The Ministry of Employment is the one who has been acting in bad faith, not Fiji Commerce and Employers Federation,” he asserted. Mr. Singh and the ministry’s media liaison officer, Elina Vuniwa, are currently out of the country and did not respond to inquiries from SunBiz.

Towler further criticized the ministry’s handling of the proposed Employment Relations Act, urging Minister Singh to separate himself from his union background. “Has he forgotten that he is no longer a union representative?” Towler questioned. “He is a minister now and needs to fulfill that role. It may be time for him to resign or be removed and replaced with someone who can effectively fulfill ministerial duties instead of functioning like a shop steward.”

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