The Fiji Trades Union Congress (FTUC) has voiced strong concerns over what it describes as a deceptive campaign by employers against the Employment Relations Amendment Bill No. 27. National Secretary Felix Anthony criticized this campaign as demonstrating “bad faith” and a lack of understanding of the extensive consultations that informed the proposed amendments.
Anthony emphasized that the amendments were the result of 15 years of discussions and negotiations involving the Tripartite Partners, which include the government, employers, and unions. Notably, around 80% of the changes were agreed upon by the employers themselves, highlighting a collaborative approach to labor law reform.
In his statements, Anthony accused the Fiji Commerce and Employers Federation (FCEF) of attempting to rehash settled matters and fostering unwarranted fear regarding the Bill’s implications. He expressed concern that some employer representatives commenting publicly on the legislation had not thoroughly reviewed the Bill and were merely echoing talking points disseminated by the FCEF.
In response to claims regarding the existence of 190 amendments, Anthony clarified that many of these changes are designed to align Fiji’s labor laws with international standards, particularly those set by the International Labour Organization (ILO). These include provisions from the ILO Maritime Labour Convention and Convention 190 concerning violence and harassment, as well as recommendations from the ILO Committee of Experts. He stressed that these amendments had received prior consensus from all Tripartite Partners through agreements made in 2012 and 2013.
The legislation aims to define unfair dismissal, enhance workers’ rights to fair hearings, and establish clear protocols for conducting strikes, including requirements for secret ballots, timely notifications, and limitations on strikes in essential services. Anthony asserted that these measures are structured to balance the interests of both workers and employers.
Furthermore, he reminded employers that the rights to freedom of association and collective bargaining are protected under both ILO Conventions 87 and 98, which Fiji has ratified, and are also enshrined in the national Constitution.
Regarding the controversial bargaining fee provisions, Anthony defended this aspect, explaining that it serves to prevent “union-busting” by ensuring that only union members contributing fees benefit from the agreements negotiated by unions, while clarifying that the law does not compel anyone to join a union but must respect workers’ choices.
On the topic of productivity, Anthony highlighted the need for substantial investment in training, upskilling, and establishing equitable wage structures, stating that expecting productivity increases without addressing the issue of “poverty wages” is unrealistic. He also criticized employers for employing “fear tactics” in response to union calls for wage and labor law evaluations.
Reflecting on the challenges faced by unions in recent years, particularly under the previous regime where their activities were reportedly suppressed, Anthony reiterated the importance of upholding workers’ rights and ensuring accountability among employers to foster a just work environment in Fiji.
These discussions around the Employment Relations Amendment Bill No. 27 represent a critical juncture in Fiji’s labor landscape, highlighting the potential for enhanced worker protections and a more balanced dialogue between employers and employees in the future.
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