Overview of Industrial Relations Legislation in Fiji 1874

Overview of Industrial Relations Legislation in Fiji 1874 - 2017 By Dr Anand Chand, Mr. Jone Lako & Ms Maureen Dayal School of Management & Public Administration University of the South Pacific chand_a@usp. ac. fj

Outline of Presentation 1. Aim of the paper 2. IR legislation during colonial rule (1874 -1970). 3. Then it will highlight IR legislation after the independence (1970 - Present). 3. Conclusion

Aim of the Paper Aim Ø This paper provides an overview and analysis of industrial relations (IR) legislation in Fiji for the time period 1874 -2017. Ø Wherever possible relevant comments & critical assessment will be done.

Labour Legislation to control Workers: During Colonial times: 1874 -1969 Fiji’s’ IR system was established and influenced, to a large extent, by the colonial rulers in the 1870’s. Labour legislation passed by the colonial government are as follows: 1. 1875 - ‘Polynesian Labourers Act’- enacted to regulate and control the introduction and treatment of Polynesian labourers. It was uplifted from the Colony of Queensland, Victoria, Australia (Colony of Fiji, 1875: 35 - 37). The Polynesian labourers arrived in 1864 through the traders. 2. 1875 - ‘Native Fijian Labour Ordinance’- enacted to regulate and controlled the hiring of indigenous labour planters in copra, coffee, sugar etc sectors (Colony of Fiji, 1875: 35 - 37). Any recruitment of indigenous labour required the approval by the district chief (Buli). This was not a perfect legislation, as Buli were bribed by the planters to give approval (Bain, 1988). 3. 1880 - The ‘Labour Ordinance’ (1880) - enacted to control mobility, activities & behaviour of indentured labourers (Unfree labour).

Labour Legislation: During Colonial times (Conti) Planters wanted to recruit more indigenous labour & hence they lobbied the Colonial govt to change the earlier legislation. Thus the following legislations were passed. 4. 1890 - ‘Masters and Servants Ordinance’- this legislation gave power to the District Commissioner to approve the recruitment of indigenous labour without the approval of the Buli. 5. 1912 - The ‘Fijian Labour Ordinance’- (i) allowed indigenous labour to enter into a ‘contract of service’ under either the ‘Native Fijian Labour Ordinance’ (1975) or the ‘Masters and Servants Ordinance’ (1890). (ii) allowed indigenous labour to enter into new contracts without the need ask approval village head.

Labour Legislation: During Colonial times (Conti) Industrial Relations Institutions: Prior to 1970. 1. The first IR/ labour market institution established in Fiji was the Department of Native Affairs was established, headed by the Protector of Polynesian Labourers and later the Secretary of Native Affairs and Protector of Polynesians Labourers (Colony of Fiji, 1875). 2. This institution was established to be responsible for labour matters. 3. Since 1970 - more IR institutions have been established.

Workmen’s Compensation Legislation Claims for injuries & death of workers at workplace. 1. 1930 - ‘Compensation to Relatives Ordinance’. - for injuries & death of workers at workplace. 2. 3. Ø Ø 1940 -‘Workmen's Compensation Ordinance’- It covered those under any ‘contract of service’ or ‘apprenticeship’. 2017 – ‘Workmen’s Compensation (Amendment) Act’- Following amendments which are now in force: Section 3 is amended to include a new definition which ‘lmpairment Assessment Training’ for medical doctors. Maximum claim increased from $F 24, 000 to $F 50, 000

Employee Superannuation Funds Legislation The government also has passed legislation relation to Employee Superannuation Funds: 1. 1938 - ‘Government Employees Provident Fund Ordinance’- it established a Provident Fund for non- pensionable employees of the Government or those that the Pensions Ordinance failed to cover them. 2. 1966 - Fiji National Provident Fund (FNPF) Ordinance No. 19 of 1966 established a national provident fund for all workers that qualified members their entitlement (Prior to independence). Ø FNPF was based on the concept of ‘Tripartism’- challenges ? .

The Controversial Labour Reforms 1991/1992 The controversial 1991/1992 Labour Reforms were as follows: 1. T. Union meeting needed to vote for strike & government official (Min of Labour) to be present in the TU AGM. 2. Secret ballot to be held for ‘strike vote’ and 50% of TU members should agree to go on strike. 3. 28 days strike notice to be given by a TU to a employer. 4. Separation of ‘disputes of rights’ and ‘disputes of interest’ to settle industrial disputes. Changes to labour legislation was brought about by state’s ‘interventionist’ role by introduce labour reforms to curb trade union activities.

Health and Safety legislation (OHS) The following are Health and Safety legislation & Regulations: 1. 2. 3. 4. 5. 1996 -Health and Safety at Work Act 1996 1997 - Health and Safety at Work (Administration) Regulations 1997 - Regulations Health and Safety at Work (Training) 2003 - Health and Safety at Work (General Workplace Conditions) 2003 -Regulations Health and Safety at Work (Amendment) Act An important to note is that OHS has excluded the Mining sector which ironically has the most dangerous place to work in. This shows the role of state protecting the capital.

1. 2. 2006/7 - Employment Relations Promulgation (2007)- Passed by Parliament but promulgated. The ‘ERP’ consolidates, repeals and replace the following 6 old IR legislation. l Employment Act (EA) 1973 - (Cap 92); l Trade Union Act (TUA) 1973 – (Cap. 96); l Trade Disputes Act (TDA) – (Cap. 97) l Wages Councils Act Cap 98’ (WCA – Cap. 98); l Trade Disputes Act (TURA) l Public Holidays Act Cap 101. The main reason being that the old labour legislation models were old that did not keep pace with the developments in Fiji’s labour market and IR environment.

ENI Decree & Amendments to the ERP (2007) 2011 - ENI Decree. This was a controversial law that was subject to ILO enquiry. Controversial features were as follows: 1. New law which excluded civil servants in govt, employees in Statutory bodies, State Owned Enterprises (SOEs), Banks, and Airline industry from ERP (2007). 2. Excluded trade unions from the above organisations (removed Freedom of Association) 3. Introduced the in-house ‘bargaining unit’s to replace trade unions. 4. Reduced the power of employees and increased power of management.

Recent Amendments to the ERP (2007) The 2 recent amendments to the ERP (2007) are as follows: 1. Ø Ø 2015 - Employment Relations Promulgation (Amendment) Act - No. 4 of 2015. This established the Arbitration Court & allowed employees & management form govt bodies & FSC to use this IR institution to resolve disputes. 2016 - Employment Relations Promulgation (Amendment) Act - No. 1 of 2016. Removed the bargaining unit (Under ENI decree). This was done after the ILO meeting in Geneva. Freedom of Association allowed, but collective bargaining is limited.

Conclusion 1. This paper has provided a brief overview of all IR legislation between 1874 -2007 that has shaped and affected the work relations between the three parties of IR (state, employer & trade unions). 2. During the colonial rule, in most instances, the IR/labour legislation were passed to support the foreign & local capital curtail the power of workers. 3. Although, the ERP (2007) was a more ‘progressive’ labour law, it power were restricted in some sectors by the ENI decree. 4. Finally, the papers argues that we need to situate industrial relations and labour legislation in the broader socio-economic-political context of Fiji to make sense of them. Especially the power structure, politics and class relations that has affected the work relations

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