Employers want more consultations in good faith on Employment Relations Bill

The Fiji Commerce and Employers Federation is calling for more consultations in good faith on the Employment Relations Bill.

During a special fijivillage Straight Talk on the Bill, employer representatives strongly disagreed with Deputy Secretary for Employment, Atish Kumar, who insisted the consultations were conducted fairly.

Kumar highlighted that as a signatory to International Labour Organization conventions, particularly Convention 144 on Tripartite Consultation, the government has an obligation to engage all partners in a fair and transparent manner.

He says the government provided support and guidance to facilitate meaningful consultation, noting that not all issues can be agreed upon, and some areas naturally require reconsideration.

Employer representatives, however, say discussions changed significantly after 2019.

Fiji Hotel and Tourism Association CEO, Fantasha Lockington says that while early consultations were transparent, things changed in 2023 when clauses previously agreed upon, and even those that had been disagreed on were “magically amended” without employer involvement.

She says employers were given access to the updated amendments only after signing NDAs, which prevented them from sharing the documents with their members.

Lockington says the NDA restrictions meant they could not properly consult their membership, which is essential for meaningful feedback.

Fiji Commerce and Employers Federation CEO, Edward Bernard says the NDA requirement may have breached ILO Convention 144, as it restricted employer representatives on IWRAP from sharing proposed changes with their wider membership for input.

He says effective consultation depends on representatives being able to take information back to their members, gather views, and return to the negotiating table, something the NDA prevented, including restrictions on media discussion.

Bernard says because of these limitations, they believe the consultation process was not carried out genuinely.

Meanwhile, Fiji Trades Union Congress National Secretary, Felix Anthony says the NDA existed simply to prevent the draft from being released to the media because negotiations were still ongoing.

He says it was not a final copy of the legislation.

Anthony says anyone claiming they were unaware of the minutes is lying.

When questioned why the NDA was necessary, Kumar says the Bill was first shared with tripartite members so they could review it thoroughly.

He says the document was circulated among members until what they considered a final version was ready for release.

Kumar says the Bill was released in January 2025 during public consultations.

Bernard replied that the Bill only became public after employers pressured the Minister to release it.

He says the Bill is extensive, has been significantly altered, and the public still wants clarity on its contents.

Bernard adds that some believe it would have been better to draft an entirely new labour or employment law.