Fiji Hotel and Tourism Association, 28 November 2024 – The ongoing review of the Employment Relations Act (ERA), overdue for longer than many of us remember, has ignited a fierce debate not just about the amendments put forward, but more keenly so on the consultation process that has thus far not lent itself to being shared widely with those segments of the population that it will most affect – the private sector workers, their employers, and the public sector workers along with their government agencies that are responsible for managing and paying for HR sections.
This isn’t a simple oversight or procedural hiccup—it’s a critical failure to engage meaningfully with all stakeholders in shaping the very laws that govern ALL our workplaces and economy.
This issue was addressed weeks ago with a carefully worded press release, but the concerns raised whilst being voiced on behalf of tourism and other large industries like manufacturing, construction, retail and others, also articulated the many other industries medium and small that are critical elements of Fiji’s economy.
At stake is a fundamental question: who truly has a voice in shaping the employment laws that affect every industry, worker, and employer in this country?
The answer so far has been troubling, despite diplomatic efforts to unravel this carefully protected review that threatened employer representatives with legal consequences if non-disclosure agreements were broken had they shared the amendment recommendations with their workers or other employers.
Local labour law expert Jon Apted recently noted the glaring flaws in the current review process, calling it one-sided and noting his alarm that it was closed off to critical stakeholders.
His critique underscores an urgent question: How can Fiji hope to build a fair and sustainable employment framework when consultations exclude key voices, particularly from the private sector—the lifeblood of the nation’s economy?
How has it left out the workers’ voices, not all of whom the unions represent? Or the other government departments that should weigh in, whether as workers or employers?
Are they all really agreeable to their hard-earned wages being mandated to have deductions whether they are union members or not?
Has anyone actually asked them?
The ERA governs the critical relationship between employers and employees, shaping workplace conditions, productivity, and ultimately, economic growth.
Yet, the recent review process undermines pivotal contributors, notably employers and industries such as tourism, manufacturers, supermarkets, security companies, construction, and the BPO sectors.
Many of these industries work 7 days a week and open long hours, whilst employing the largest volume of workers. They adopt and use cutting-edge new technologies to improve production, reduce costs and wastage, increase productivity and compete at domestic and global levels.
Are we considering modern workplace trends like remote work, flexible hours, and the growth of new industries, or rising SME networks that are being supported widely by Government as recognition for the opportunities they present for more jobs, inclusivity, and equality?
These are the industries contributing to Fiji’s growing economy while making it the globally recognised developing country in the Pacific that is leading the way in tourism, trade, innovation, investments and infrastructure development.
Yet their workforces get lumped into the same categories as the workers who work 8 hour days, over 5 to 6 days.
There is little consideration for productivity which is treated suspiciously and because of a few bad employers who find a way to defraud their workers out of overtime or fair wages; all employers may have to prove their innocence through restrictive laws that would work to trip up unsuspecting HR managers who may not understand often poorly worded clauses.
As Apted rightly pointed out, genuine tripartism requires all our people to contribute to the laws that will govern them.
It demands that all stakeholders—employers, workers, and unions—have an equal seat at the table and a real opportunity to influence the policies that define their livelihoods and that broader public consultation must be allowed.
Anything less risks reducing consultation to a hollow formality.
As a cornerstone of Fiji’s economy, tourism directly contributes to GDP, foreign exchange earnings, and employment.
Over 70% of tourism businesses are locally owned, and their economic ripple effects extend beyond hotels and resorts, sustaining SMEs, creating significant rippling effects through vast supply networks, into entire communities and a range of other sectors from training to construction that it could not do without.
Policies that fail to account for tourism’s unique challenges like its seasonal workforce needs, demand for high service standards, the logistical networks crisscrossing islands and land masses that support transport, trade, accommodation, sightseeing and activities, maritime services and supplies; all provide work in some form or shape for thousands of Fijians – many of whom would have no other option otherwise.
At the same time, is it time to consider how other countries around the world have become more competitive with their manufacturing processes, with their BPO sectors or their mining and transport sectors?
International competitiveness, best practices and new technology options demand we review all elements of the ERA where workers and employers agree on what works best for them, because this, in turn, will move Fiji forward.
Instead, the review process has been shrouded in opacity, raising serious concerns about whether we have really tested its robustness against all the elements that will eventually test it.
Employers want the ability to discuss the recommended amendments within their specific sectors as they understand that we all have different elements that impact our businesses, our workers, and our in-house policies.
We want the ability to better understand how our workers will react because many of them are also in the dark about the amendments.
We want to obtain legal opinions on new clauses and be clear on the impacts if any, on future business plans.
We want to consider the perspectives of our younger workforce who have different expectations regarding flexibility, career progression, and workplace culture.
We have the opportunity to bring this almost 30-year-old legislation into the future that Fiji through its recently launched National Development Plan (NDP) hopes will drive economic empowerment.
Rising labour costs, bureaucratic inefficiencies, and inconsistent policy-making already pose significant challenges. So much so that a large part of most businesses consistently review operational processes to adapt accordingly.
The Coalition Government’s NDP emphasises the importance of private sector participation and reducing regulatory impediments to growth.
Achieving these goals requires alignment between labour laws and economic policies, whilst really listening to what our people need.
Without meaningful wider consultation, the risk of misalignment increases, threatening not only the success of the NDP but also the confidence of investors and employers.
Fiji’s labour laws must reflect the realities of its diverse economy and be a future fit for the direction we hope to be heading in.
To achieve this, embrace this review process and reopen it to broader consultation.
This is more than a procedural formality—it is a matter of principle and fairness.
All voices must be genuinely heard, not selectively amplified or silenced.
We have already seen the unlawful process of increasing the minimum wage rates in the last budget, which did not follow the required legal procedures and was then passed by Parliament.
While that made a lot of workers happy, it was, and still remains, a process that was ill-advised and appears unable to be rectified without making relevant policy makers look bad.
A flawed process breeds flawed laws, and Fiji cannot afford to keep doing this. If we are serious about creating a resilient, prosperous nation, we must commit to meaningful collaboration and governance, rooted in integrity and proper legal process.
The ERA must unite, not divide; empower, not hinder.
Anything less is a betrayal of our shared future.
Fantasha Lockington – CEO, FHTA (Published in the Fiji Times on 28 November 2024)
Fiji Hotel and Tourism Association
The Voice of the Industry
