Singh defends ERA review process

Minister for Employment Agni Deo Singh says the Ministry has been actively consulting its tripartite partners on the Employment Relations Act review however, the Fiji Commerce and Employers Federation has not given submissions when given the opportunity.

This comes after the Federation and Fiji Hotel and Tourism Association raised serious concerns regarding the manner in which processes for amendments to the Act are being undertaken and the lack of consultation with the employers and employee representatives.

Fiji Hotel and Tourism Association CEO and FCEF’s Employment Relations Advisory Board member, Fantasha Lockington says they even have had to sign a Non-Disclosure Agreement that prevents them from making copies of the draft Bill and sharing it with their members.

While responding to the comments, Singh says the Ministry began the formal tripartite consultation in February 2023 and all parties have been given more than enough time to submit their inputs and proposals.

Singh says the Ministry had invited the Federation executives including their representatives on the Employment Relations Advisory Board to meet with the team from the Ministry on 24th September 2024 to hear them out.

He says the Federation on the morning of the 24th of September sought a postponement of the same for 2 weeks.

The Minister says they were advised to send in a written submission by 27th September but nothing was received.

He says this was the second instance where the Federation made no submissions, the first being in August when they were given a full week.

Singh says the Employers Federation has now been invited again to meet with the Ministry on 21st October 2024.

The Minister says he has advised the CEO for the third time, to provide a written submission earlier for consideration.

He also clarified that while the Ministry has conducted exhaustive consultations with the social partners and has continued to do so, the final decision on the entire review will be reached in consultation with the Office of the Solicitor General.

The Minister adds that it was regrettable that FCEF has chosen to go to the media despite the Ministry being accommodative for the past 2 years and this was not the case previously.

Meanwhile, Lockington says the requirement to proceed with the ERA amendments as agreed to with the ILO is that the 3 parties sit as a tripartite group to discuss the amendments.

She says this is not taking place and the process is not about making submissions because it does not follow the required process of open dialogue and constructive tripartite discussions.

Lockington says the Ministry appears to prefer dealing with them separately.

The Ministry of Employment is yet to respond to questions on separate consultations with the tripartite and the need for a non disclosure agreement.