In March 2015, the ILO and the Fiji Tripartite (Fiji Government, FCEF and Fiji Trades Union Congress) signed a Joint Agreement, agreeing to the review of labour laws through the Employment Relations Advisory Board (ERAB) mechanism, ensuring compliance with ILO core Conventions. Following the tripartite agreement, the ILO Governing Body decided to defer the decision to consider the establishment of a Commission of Inquiry.

However, the ILO Governing in November 2015 deliberated on the Fiji situation and the lack of progress in complying with the Tripartite Agreement. The ILO Governing Body also called on Government to accept a Tripartite Mission to Fiji to review the ongoing obstacles to a joint report and observance of the ILO Core Conventions.

In January 2023, the Employment Relations Advisory Board (ERAB) was re-convened with five members of FCEF representing the interest of employers. The first meeting was held in February 2023 and soon after saw the ERAB sub-committee on the review of the Employment Relations Act (2007) established. Since May 2023, the ERAB sub-committee has been meeting on the amendments of the ERA, with very little progress. In March 2024, the ILO appointed a national consultant to support the progress of the review. In April 2024 the ILO contact mission visited Fiji and provided a positive report on the progress of the joint agreement.

Although the ERAB was meeting and as a result complying with ILO Conventions 144, the delay by Government in the release of the matrix that captured the agreed amendments has been very challenging. The Government forced members of ERAB to sign Non-Disclosure Agreements (NDA) and after continuous pro-union additions to the matrix such as the introduction of hefty fines and criminalization of breaches, FCEF members on the ERAB decided to walk out of the ERAB meeting.

In October 2024. FCEF issued a press statement highlighting the unreasonable proposals of the unions and government and the imposed NDA. Realizing Government’s plans to fast track the ER Bill to parliament in December 2024.

FCEF launched an aggressive campaign highlighting the need to follow proper process, the need for the substance of the Bill to be balanced (not only increasing fines and rights) and to take the opportunity to modernise the legislation supporting Fiji’s National Development Plan (NDP). A key message was that in the current form, the bill was going to gravely impact employment opportunities, business sustainability, investor confidence and economic growth.

The Solicitor General’s Office intervened and advised the Government to refer the Bill for further consultation. However, Government decided to take the Bill for Public consultations (early January 2025) and releasing two draft Bills (ER Bill and Work Care Bill) late December 2024, instead of further reviewing it through ERAB. Government aimed to take the Bill to Parliament in the March 2025 session.

In early December 2024, FCEF strengthened its members on ERAB and developed an advocacy strategy to prepare members, to attend the Government led public consultations. FCFE met with the Minister for Employment in January 6th 2025 to express its concerns on the timing of the consultations and agreed for an exclusive consultation session for FCEF members on 20th January 2025. The exclusive consultations allowed for members to directly raise their major issues and concerns.

Only one ERAB meeting was convened post close of public consultations on 5th March 2025. At this meeting FCEF was presented with an updated Bill based on public consultations. No summary of proposals was provided to FCEF from the consultations to validate the new amendments.  The draft Bill still included anti-business provisions such as absolute liability; criminalization of contract breaches; excessive fines; excessive powers of labour officers; broad definition of harassment which contradicts with existing laws; unclear definition of wage theft and unfairly penalizing of Directors for administrative errors or financial difficulties beyond their control; the right to strike beyond disputes only arising relating to collective agreements; the removal of expiry dates on collective agreements; allowing workers to choose between an individual contract of service or a collective agreement; unfair dismal and lack of clear conditions and limitations, creating uncertainty for employers; the Non-Compete Clause and the bargaining fee.

With the hope to submit the Bill to Parliament in the April session, On 2nd April 2025 FCEF members on ERAB was requested by the Ministry to endorse the draft Employment Relations Bill (2025). FCEF CEO, President and Legal Council visited the Minister for Employment, Productivity and Workplace Relations to present its official position paper and a letter that FCEF will not endorse the draft Bill in its current form. FCEF made public statements and wrote to influential senior Government officials including the ILO.  FCEF was successful and the Bill was not allowed by Cabinet to progress to Parliament.

The Ministry has submitted the Bill to the Solicitor General’s (SG) Office.

On 2nd May 2025, FCEF Board including the ERAB team had technical meetings with the SG’s Office in relation to the Bill. FCEF continues to lobby with other Government members of ERAB, influential Ministers in the Coalition Government, the Solicitor General’s Office and other key agencies. With the continued technical assistance from the ILO’s Bureau for Employers Activities (ACTEMP), FCEF continues to refine its advocacy and lobbying strategy to advance the position of its members and the private sector.

To access FCEF’s position paper on the Employment Relations Bill (2007), please see attached.

FCEF Media Coverage:

FCEF and FHTA raise concerns over proposed amendment – FBC News

Concerns raised over proposed amendments to ERA that could lead to job losses and business closures

‘Limited timeframe’ – Employers want more time for public consultation – The Fiji Times

FCEF – Employers Advocate for Fair and Balanced Labour Law Reforms

Amendments are not in-line with the future: FCEF

PressReader.com – Digital Newspaper & Magazine Subscriptions

FCEF tells Minister it will not endorse the draft Employment Relations Bill in its current form