Fiji Airways has voiced significant concerns regarding the Employment Relations (Amendment) Bill 2025, particularly about provisions related to union bargaining fees. The airline warns that these provisions threaten the principle of voluntary unionism and impose unwarranted constraints on employers.
In a recent submission to the Parliamentary Standing Committee on Economic Affairs, Fiji Airways emphasized that the proposed universal bargaining fee framework wrongly presumes that all employment benefits only result from union negotiations. This perspective neglects the contributions made through legislative advancements and the proactive initiatives taken by employers, efforts that Fiji Airways is particularly proud of.
The airline criticized the framework for lacking a clear mechanism to distinguish which benefits were truly secured by unions, while simultaneously mandating financial contributions from non-union members. This approach is seen as undermining voluntary union membership, as it compels those who do not belong to a union to financially support it, and reduces the employer’s ability to extend negotiated benefits to all employees, regardless of their union affiliation.
According to Clause 55 of the bill, non-union employees who enjoy the advantages negotiated by unions would be obligated to pay a bargaining fee equivalent to a year’s union subscription, or risk forfeiting those benefits. Fiji Airways argues that this makes payment to unions a quasi-condition of employment, contravening the fundamental principles of freedom of association and voluntary participation.
The airline has recommended that contributions to unions should be entirely voluntary and contingent upon prior written consent from the worker. Additionally, it urged that employers should retain the discretion to apply negotiated terms uniformly across their workforce.
Fiji Airways also expressed apprehension over mandatory union consultation requirements, stressing that representation should remain a matter of personal choice for employees. The airline contended that imposing mandatory consultations would create unnecessary administrative burdens for employers without delivering clear advantages to workers. Specifically, in relation to Clause 29, which mandates new employers to consult unions when hiring or transferring union members, Fiji Airways cautioned that this could complicate business transitions and hinder the employability of union workers.
This dialogue highlights the crucial balance between employee representation and employer flexibility, framing the ongoing legislative discussion as essential to fostering a fair and productive work environment in Fiji’s evolving economy.
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