The Fiji Trade Union Congress (FTUC) has expressed surprise at a recent statement from the Fiji Commerce and Employers Federation (FCEF) and the Fiji Hotel and Tourism Association (FHTA), which raised concerns about proposed changes to the Employment Relations Act.
The FTUC and FCEF have collaborated on reviewing Labour Laws since 2012. They agreed that these laws should adhere to the International Labour Organization (ILO) core Labour Standards, address issues highlighted in ILO Committee of Experts Reports, incorporate conventions ratified by the Fijian government, and discuss matters relevant to the current Employment Relations Act (ERA).
National Secretary Felix Anthony noted that the previous Government had committed to fully comply with Core Labour Standards annually in its agreements with the ILO. He indicated that the Coalition Government had made a similar pledge during its election campaign. The FTUC brought forward a list of issues contributing to industrial unrest, while the employers did not present any specific concerns.
Anthony highlighted that a process was agreed upon after multiple meetings, some lasting two weeks, and acknowledged that the discussions had taken longer than anticipated. Since the election of the new government, these meetings have occurred more frequently, resulting in agreements on more than eighty percent of the issues. However, disputes remain regarding some penalties, which the FTUC argues should deter employers from violating laws. Currently, Anthony asserts that existing penalties fail to prevent breaches of worker rights.
The FTUC stated that the government shared a draft of the amendments for feedback, but the Employers did not respond. When the FTUC met with the Ministry of Labour, they pointed out areas omitted from the draft that had been previously agreed upon.
Anthony explained that the government sought to convene a meeting of the Employment Relations Advisory Board (ERAB) Sub Committee in early August, but the Employers claimed they were unavailable until the end of the month, which the FTUC perceived as a tactic to stall the review process. Consequently, the government held a full ERAB meeting attended by all parties, including the CEO of FHTA.
He further remarked that the past 16 years under the previous government favored the FCEF, which even benefitted from reduced FNPF contributions. The proposed changes now seem difficult for FCEF to accept, despite previous years being detrimental to workers and trade unions.
Anthony criticized ongoing threats from employers regarding potential negative impacts on the economy each time changes are proposed, labeling them as outdated. He dismissed claims that small and medium enterprises might struggle to pay fines, arguing that the employers’ unwillingness to comply with laws should not exempt them from accountability.
He claimed that larger employers are using smaller businesses as a shield against accountability under the law while failing to comply with established standards.
Additionally, he addressed the FHTA, urging them to focus on their members and stop showcasing the hotel industry as a model of corporate greed, as hotel rates have drastically increased while workers have seen minimal wage adjustments.
The FTUC has called on the government to uphold their commitments to Fiji’s workers and the ILO without unnecessary delays, emphasizing the need for accountability among employers.