The Laws of Fiji
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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 149] Good faith in bargaining for collective agreement149
149
- (a)the union and the employer must use their best endeavours to enter into an arrangement, as soon as possible after the initiation of bargaining, that sets out a process for conducting the bargaining in an effective and efficient manner;
- (b)the union and the employer must meet each other, from time to time, for the purposes of the bargaining;
- (c)the union and the employer must consider and respond to proposals made by each other;
- (d)the union and the employer—
- (i)must recognise the role and authority of any person chosen by each to be its representative or advocate;
- (ii)must not, directly or indirectly, bargain about matters relating to terms and conditions of employment with persons whom the representative or advocate are acting for, unless the union or the employer agree otherwise; and
- (iii)must not undermine or do anything that is likely to undermine the bargaining or authority of the other in the bargaining; and
- (e)the union and the employer must provide to each other, on request and in accordance with section 151, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining.
(2) Subsection (1)(b) does not require a union and an employer to continue to meet each other about proposals that have been considered and responded to.
(3) The matters about which a union and an employer may continue to meet each other in good faith include—
- (a)the provisions of a Code of Good Faith that are relevant to the circumstances of the union and the employer which is consistent with the Code of Good Faith developed under section 152;
- (b)the provisions of any agreement about good faith entered into by the union and the employer;
- (c)the proportion of the employer’s workers who are the members of the union and to whom the bargaining relates; and
- (d)any other matter considered relevant, including background circumstances and the circumstances of the union and the employer.
(4) For the purposes of subsection (3)(d), “circumstances”, in relation to a union and an employer, include—
- (a)the operational environment of the union and the employer; and
- (b)the resources available to the union and the employer.
(5) This section does not limit the application of the duty of good faith in relation to bargaining for a collective agreement.