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Fiji (285) > Public and civil servants (21)

Name: Public Service (Collective Bargaining) Act, 1973 (no. 123)
Country: Fiji
Subject(s): Freedom of association, collective bargaining and industrial relations; Public and civil servants
Type of legislation: Law, Act
Adopted on: 1973-10-30
Entry into force:
Published on: Printed Separately, 28 p. (DOC.NORMES)
ISN: FJI-1973-L-55217
Bibliography: Printed Separately, 28 p. (DOC.NORMES)
Abstract/Citation: Governs collective bargaining with respect to public employees. Establishes the rights of employers and employees to form respective organizations and to participate in the lawful activities of those organizations. Legilates that employers are not to discriminate against employees on the basis of their participation in an employee's organization. Preserves an employer's right to suspend, transfer, lay-off, discharge or discipline an employee. Governs the certification of bargaining agents. Regulates application procedures and establishes the conditions which make an organization certifiable or not. Governs recognition of bargaining units. Establishes special recognition procedures for employees in essential services. Provides for the recognition or termination of the rights of a bargaining agent. Regulates bargaining procedures. Provides for notices of collective bargaining and the effect of such notices. Governs the renewal and revision of collective agreements. Establishes conciliation procedures. Provides for the appointment of conciliation officers and for the establishment of conciliation boards. Governs the appointment of conciliation board members. Establishes board duties and procedures. Governs board hearings and quorum. Establishes the concequences of board decisions. Places limitations on strikes and lockouts. Sets the conditions precedent to strike action. These include the prohibition of voting on strikes until fourteen days after the reception of the concilation board report. Obliges employee organizations to inform the Ministry of labour of decisions to strike and allows strikes only seven days after notice is given to the ministry. Prohibits strikes in essential services. Lockouts are only allowed under the same conditions as are strikes. Governs adjudication. Governs the appointment of adjudication board members and the term period of such members. Regulates the matters to be considered by adjudication boards and the effect of board decisions. Governs collective agreements. Sets the term for, effectiveness of collective agreements. Governs the amendment of collective agreements. Establishes miscellaneous provisions. Grants the Lieutenant-Governor with the power to make regulations for the purposes of carrying out the act. Makes offences explicit and sets penalties for such offences. Excludes certain employees from the act.

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