Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Fiji (Ratification: 1974)

The Committee notes that a direct contacts mission (DCM) took place in the country in April and May 2024 and refers in this regard to its comment made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee refers to the conclusions and recommendations of the DCM where they concern the application of this Convention. The Committee notes the ongoing review of the Employment Relations Act (ERA) with the technical assistance of the Office.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comment, in relation to the long-standing dispute in relation to the Vatukoula Mining Company (concerning the refusal to recognize a union and the dismissal of striking workers over 30 years ago), the Committee expressed its expectation that the dispute would be finally and equitably resolved and requested the Government to supply information in this regard. The Committee notes with satisfaction the Government’s indication that, in June 2024, the Government and the Fiji Mine Workers Union reached a settlement agreement involving payout to the concerned workers, thus bringing this long-standing dispute to an end. The Government informs that 357 workers were identified for settlement, both alive and deceased, some working abroad, out of whom 152 have already received payment.

Article 4. Promotion of collective bargaining. The Committee had previously considered that the abrogation by the Essential National Industries (Employment) Decree, 2011 (ENID) of collective agreements in force was contrary to Article 4 of the Convention and noted that this issue was not addressed by the 2015 and 2016 amendments to the ERA. It therefore requested the Government to continue to take concrete measures to facilitate negotiations and promote collective bargaining between workers and employers or their organizations in the public sector so as to create an enabling environment for collective agreements to be concluded in replacement of those abrogated by the ENID. The Committee observes that the Government does not provide any information on these points and notes from the DCM report that three collective agreements had been pending endorsement at the Arbitration Court for over a year. The Committee also notes, however, from the DCM report that there is currently an atmosphere of genuine dialogue in the country and trusts that the Government will build on the positive engagement of the social partners to create an enabling environment for the promotion of collective bargaining, including for negotiations to replace the collective agreements abrogated by the ENID. The Committee also requests the Government to continue to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Compulsory arbitration. In its previous comments, the Committee expressed its expectation that sections 191Q(3), 191(R), 191(S) and 191AA(b) and (c) of the ERA, which allow for compulsory conciliation or arbitration, would be reviewed within the Employment Relations Advisory Board (ERAB) so as to bring the legislation into full conformity with the Convention. The Committee notes the Government’s indication that the reconstituted tripartite ERAB started the review of the ERA matrix in February 2023, that numerous tripartite consultations were held between April 2023 and November 2024, that amendments to the law were drafted with the technical assistance of the Office and will be available for national consultation to obtain the views of the population before being submitted to the Cabinet and the Parliament. The Committee trusts that the revision of the ERA will be concluded without delay and that the above provisions will be amended to ensure compatibility with the Convention. The Committee requests the Government to provide information on any progress made in this regard.