The Laws of Fiji
Search
Last Updated: 5 December 2023
AN ACT TO PROVIDE A STATUTORY FRAMEWORK WHICH PROMOTES THE WELFARE AND PROSPERITY OF ALL FIJI’S PEOPLE BY—
- (A)CREATING MINIMUM LABOUR STANDARDS THAT ARE FAIR TO WORKERS AND EMPLOYERS ALIKE, AND TO BUILD PRODUCTIVE EMPLOYMENT RELATIONSHIPS;
- (B)HELPING TO PREVENT AND ELIMINATE DIRECT AND INDIRECT DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOUR, GENDER, SEXUAL ORIENTATION, AGE, PHYSICAL OR MENTAL DISABILITY, HIV/AIDS STATUS, MARITAL STATUS, FAMILY RESPONSIBILITIES, PREGNANCY, RELIGION, POLITICAL OPINION, NATIONAL EXTRACTION OR SOCIAL ORIGIN;
- (C)PROVIDING A STRUCTURE OF RIGHTS AND RESPONSIBILITIES FOR PARTIES ENGAGED IN EMPLOYMENT RELATIONS TO REGULATE THE RELATIONSHIP AND ENCOURAGE BARGAINING IN GOOD FAITH AND CLOSE OBSERVANCE OF AGREEMENTS AS WELL AS EFFECTIVE PREVENTION AND EFFICIENT SETTLEMENT OF EMPLOYMENT RELATED DISPUTES;
- (D)ESTABLISHING THE MEDIATION SERVICES, THE EMPLOYMENT RELATIONS TRIBUNAL AND THE EMPLOYMENT RELATIONS COURT TO CARRY OUT THEIR POWERS, FUNCTIONS AND DUTIES;
- (E)ENCOURAGING CONSULTATION BETWEEN LABOUR AND MANAGEMENT IN THE WORKPLACE FOR BETTER EMPLOYMENT RELATIONS AND PRODUCTIVITY IMPROVEMENT;
- (F)COMPLYING WITH INTERNATIONAL OBLIGATIONS AND GIVING EFFECT TO THE CONSTITUTION; AND
- (G)FOR RELATED MATTERS.
[EMP 125] Refusal of registration125
125
- (a)the principal objects of the persons seeking registration are not in accordance with those set out in the definition of trade union;
- (b)the trade union is used for unlawful purposes;
- (c)the trade union has not complied with requirements for the registration of trade unions;
- (d)any of the objects in the constitution or rules of the trade union are unlawful or conflict with this Act;
- (e)the proposed rules of the trade union will not make adequate provision for the matters to be specified in Schedule 5; or
- (f)the trade union is under the domination of the employer, whether by financial or other means, with the purpose of placing the trade union under the control of the employer.
[subs (1) am Act 4 of 2015 s 8, effective 11 September 2015]
(2) If the Registrar refuses to register a trade union, the Registrar must notify the applicants in writing of the grounds of the refusal within 7 days from the date of the decision and the trade union is thereupon dissolved.
(3) A dissolution under subsection (2) takes effect at the end of the period specified in section 139 for bringing an appeal and—
- (a)if no appeal is brought under that section within that period, the dissolution takes effect at the commencement of the day following the day on which that period expired; and
- (b)if an appeal is brought within that period the dissolution, if confirmed on appeal, takes effect on the determination of the appeal.
(4) It is not an offence for a person to act on behalf of a dissolved trade union for the purpose of—
- (a)any proceedings brought by or against the union; or
- (b)dissolving the union and disposing of its funds and property in accordance with its constitution and rules.