The Tripartite partners last night signed an agreement that will avert an International Labour Organisation Commission of Inquiry into Fiji.

The agreement was signed by Nesbitt Hazelman on behalf of the Fiji Commerce and Employers Federation, Attorney-General Aiyaz Sayed-Khaiyum on behalf of Government and Felix Anthony on behalf of the Fiji Trades Union Congress.

The significant breakthrough was announced by Mr Sayed-Khaiyum in a press conference in Suva last night. It came after an ILO tripartite mission met the various stakeholders regarding the country’s labour reforms. The mission was satisfied with the efforts of the various parties in engaging in frank and open discussion.

What has been agreed:

Reduction of strike notice period from 28 days to 14 days for industries which fall under the umbrella of Essential Industries.

Bargaining Unit has been removed from the Employment Promulgation Regulation.

Those who had matters before the Employment Tribunal, which had been struck off when Essential Industries Decree came into effect can now relook at bringing their matters before the arbitration court. Any such application must be made to the Arbitration Court within 28 days and the jurisdiction of the Arbitration Court for such applications shall be limited to $25,000. However, no application shall be made for terminations of appointment on the basis of established proven or admitted corruption, abuse of office, fraud and theft.

Any trade union which was deregistered as a result of the ENI Decree shall be entitled to apply to be registered again in accordance with the ERP and shall not be required to pay any registration fees.

ERAB (Employment Relations  Advisory Board) is now expanded, which will see more representatives from different trade unions.

Restoration of Check-Off facilities. This was already done last year. It allows for union fees to be deducted at source.

Mr Anthony said: “We believe that the issues we have agreed on are more serious issues that actually resulted in the complaint to the ILO under Article 26, which called for a Commission of Inquiry. Having agreed to resolve these issues, and the complaint on the freedom of association no longer requires to be pursued. We will request the ILO Governing Body that the complaint need not be pursued.”

Mr Hazelman said: “From the employers perspective, we are very pleased. It has been a very long week. We would like to thank the Government, the trade unions for discussing frankly these issues and I would like to thank the A-G for the role he has been playing. For businesses in Fiji, I think they will be very pleased. We have put the nation first and we have got an agreement before us that we think is very workable.”.
Edited by Naisa Koroi

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