Promoting jobs, protecting people
NATLEX
Database of national labour, social security and related human rights legislation

Fiji > Freedom of association, collective bargaining and industrial relations

Show abstract/citation:

Filtered by:
Country: Fiji - Subject: Freedom of association, collective bargaining and industrial relations

  1. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) Act 2020 (Act No. 11 of 2020). - Legislation on-line

    Adoption: 2020-05-29 | FJI-2020-L-110094

    The ERA is amended to include a pandemic in the definition of "act of god". Beforehand, the interpretation of "act of god" was left up to common law. Section 24 now reads:

    24(1) An employer must unless the worker has broken his or her contract of service or the contract is frustrated or its performance prevented by an act of God:
    (a) provide the worker with work in accordance with the contract during the period for which the contract is binding on a number of days equal to the number of working days expressly or impliedly provided for in the contract; and
    (b) if the employer fails to provide work to the worker, pay to the worker, in respect of every day on which the employer so fails, wages at the same rate as if the worker had performed a day's work
    (2) In this section, “act of God” includes a pandemic declared by the World Health Organization.”

    It also inserts a new PART 20A - COVID RESPONSE MEASURES to provide for response measures in relation to leave entitlements during the COVID-19 period.

  2. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Budget Amendment) Act 2018 (Act No. 23 of 2018). - Legislation on-line

    Adoption: 2018-07-13 | FJI-2018-L-107451

  3. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) Act 2018 (Act No. 1 of 2018). - Legislation on-line

    Adoption: 2018-03-16 | FJI-2018-L-107419

  4. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) Act 2017(Act No. 14 of 2017). - Legislation on-line

    Adoption: 2017-03-28 | FJI-2017-L-105102

  5. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) Act 2016 (Act No. 1 of 2016). - Legislation on-line

    Adoption: 2016-02-15 | FJI-2016-L-102526

  6. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) (No. 2) Act 2015 (Act No. 13 of 2015). - Legislation on-line

    Adoption: 2015-08-31 | FJI-2015-L-102524

  7. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Employment Relations (Administration) (Amendment) Regulations 2015 (LN No. 78 of 2015). - Legislation on-line

    Adoption: 2015-08-26 | FJI-2015-R-102510

    Regulation 42 of the Employment Relations (Administration) Regulations 2008 is amended by deleting sub-regulation (1).

  8. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) Decree, 2015. - Legislation on-line

    Adoption: 2015-06 | FJI-2015-L-99503

  9. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Essential National Industries (Employment) Decree 2011 (No. 35 of 2011). - Legislation on-line

    Adoption: 2011-07-25 | FJI-2011-L-90018

    Part 1 - Preliminary
    Part 2 - Effects of Decree of Existing Unions and Collective Agreements
    Part 3 - Registration of New Bargaining Units and Re-Registration and Determination of Bargaining Units
    Part 4 - Collective Bargaining Process
    Part 5 - Limitations and Dispute Resolution
    Part 6 - General

    Applies to Essential National Industries as defined in the Act and to be declared as such by the Minister. The Employment Relations Law 2007 only applies to the extent that it does not conflict with the provisions in this Decree. The provisions in the Decree will be deemed to prevail in case of conflict.

  10. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) Decree 2011 (No. 21 of 2011). - Legislation on-line

    Adoption: 2011-05-13 | FJI-2011-L-90015

    Amends section 3 concerning scope of application. Also adds a new section 266 concerning action against the State.

  11. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Amendment) Decree 2010 (No. 17 of 2010). - Legislation on-line

    Adoption: 2010-03-19 | FJI-2010-L-89989

    Amends section 64 of the 2007 Act by deleting two of the days cited in this section.

  12. Fiji - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Code of Good Faith for Collective Bargaining 2008. - Code on-line

    Adoption: 2008-02 | FJI-2008-M-77672

    Provides practical guidance on the application of the duty of good faith under Part 16 of the Employment Relations Promulgation in relation to collective bargaining between an employer and a registered trade union, or in a multiple parties bargaining situation.

  13. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Employment Relations (Administration) Regulations, 2008. - Regulation on-line

    Adoption: 2008-01 | Date of entry into force: 2000-40 | FJI-2008-R-77669

    Implements the Employment Relations Law 2007.

    Part 1 - Preliminary
    Part 2 - Employment grievances and mediation
    Part 3 - Employment disputes, tribunal and court
    Part 4 - Employment records and wages order
    Part 5 - Trade unions
    Part 6 - Fees and employment relations agency fund
    Part 7 - Demand and penalty notices
    Part 8 - Miscellaneous
    Part 9 - Revocation, transitional and savings

    Revokes the following regulations:
    Employment Regulations (e.g. Regulations 1, 2 6 8)
    Employment (Application) Order
    Employment (Exclusion) Order
    Employment (Medical Treatment) Regulations
    Trade Disputes Regulations
    Trade Unions Regulations
    Trade Unions (Accounts) Regulations

  14. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Employment Relations (Labour-Management Consultation and Cooperation Committees) Regulations 2008. - Regulation on-line

    Adoption: 2008-01 | Date of entry into force: 2008-04-02 | FJI-2008-R-77670

    Provides for the establishment of Labour-Management Consultation and Cooperation Committees in workplaces that employment more than 20 workers, in order to practice the principles set out in Schedule 1 to the Promulgation. Provides, inter alia, for membership, registration and role of the Committee.

  15. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Compulsory Recognition (No. 1) Order 2007 (L.N. No. 67 of 2007).

    Adoption: 2007-06-29 | FJI-2007-R-77875

    Entitles the Fiji Airlines Pilots Association to recognition by the employer.

  16. Fiji - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Code of Ethics for Mediators 2007. - Code on-line

    Adoption: 2007 | FJI-2007-M-77675

    Sets the minimum standards to guide mediators in performing their duties and functions, as required under Section 199 of the Employment Relations Promulgation 2007.

  17. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Compulsory Recognition (No. 1) Order 2005

    Adoption: 2005-01-28 | Date of entry into force: 2004-05-20 | FJI-2005-R-70138

    The National Union of Hospitality, Catering and Tourism Industries Employees Union is entitled to recognition by the Waidroda Bay Resort under section 8 of the Trade Union (Recognition) Act, 1998.

  18. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Trade Unions (Recognition) Act (No. 53 of 1998).

    Adoption: 1998-11-09 | FJI-1998-L-51203

    Provides for the recognition and registration of trade unions. Trade unions must represent more than 50 per cent of the employees in an enterprise. If an employer refuses to recognize a trade union, the union may apply for compulsory recognition. S. 14 allows strikes or lock outs which arise out of a recognition dispute to be declared illegal. Repeals the Trade Unions (Recognition) Act (Cap. 96A).

  19. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Trade Disputes (Amendment) Act 1998 (No. 54 of 1998).

    Adoption: 1998-11-09 | FJI-1998-L-51204

    Amends the definition of "party" to a trade dispute and "trade dispute" as set forth in the Trade Disputes Act (Cap. 97) to take into account the Trade Unions (Recognition) Act (No. 53 of 1998).

  20. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Order declaring strike unlawful (L.N. No. 35 of 1995)

    Adoption: 1995-03-03 | Date of entry into force: 1995-03-04 | FJI-1995-R-39744

    Pursuant to the authority of the Trade Disputes Act (Chapter 27), this Order declares a strike between Suva City Council and the National Union of Municipal Workers unlawful on the ground that there had not been a properly conducted secret ballot of union members with regard to the strike action.

  21. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Union Regulations (Amendment) Regulations, 1993 (L.N. No. 26 of 1993)

    Adoption: 1993-11-19 | FJI-1993-R-37056

    Repeals subregulation (2) of regulation 10B. Made under the Trade Unions Act.

  22. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Disputes Act (Amendment) Decree 1992 (Decree No. 27 of 1992)

    Adoption: 1992-05-01 | Date of entry into force: 1992-05-01 | FJI-1992-R-29324

    The Trade Disputes Act is amended in respect of the reporting of disputes and their settlement by a new Disputes Committee, and the representation of parties before the Committee. A new sector 10 A is added that provides that a strike authorised by a trade union without a secret strike ballot of union members may be declared by the Minister to be unlawful and ordered discontinued.

  23. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Unions (Recognition) Act (Amendment) Decree 1991 (Decree No. 43)

    Adoption: 1991-10-31 | Date of entry into force: 1991-10-01 | FJI-1991-R-26622

    Amends the Trade Unions (Recognition) Act to provide for recognition by the employer of trade unions that have no rival trade union and a prescribed level of employee membership, for production of records to determine trade union membership, and increased penalties for contravention of the Act.

  24. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Unions Act (Amendment) Decree 1991 (Decree No. 44)

    Adoption: 1991-10-31 | Date of entry into force: 1991-11-01 | FJI-1991-R-26623

    Amends the Trade Unions Act to provide for definitions of "contract of service" and "employer", and a new definition of "strike"; and for the maintainability of legal proceedings against trade unions and/or their officers with the exception of actions based on allegations of inducement of breach of contract, or interference with trade, business or employment.

  25. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Unions Regulations (Amendment) Regulations 1991 (Legal Notice No. 58)

    Adoption: 1991-10-31 | Date of entry into force: 1991-11-01 | FJI-1991-R-26624

    These regulations under s.60 of the Trade Unions Act provide for secret ballots in trade union matters, and in particular special procedures for secret strike ballots and secret ballots for election of voting members of trade union executives.

  26. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Unions (Deduction of Union Dues) Regulations 1991 (Legal Notice No. 59)

    Adoption: 1991-10-31 | FJI-1991-R-26625

    These regulations under s.15 of the Trade Unions (Recognition) Act provide for deduction of members' union dues through agreements between unions and employers as to the method of deduction of union dues; included as a condition of such an agreement is that members have consented to such deductions in writing.

  27. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Industrial Associations Act (Amendment) Decree, 1991 (Decree No. 42)

    Adoption: 1991-10-31 | Date of entry into force: 1991-11-01 | FJI-1991-R-27696

    This Decree made pursuant to the Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree, 1990, as amended, provides a new definition of "association", and adds a new Section 5A that provides that "no officer of any such association shall be an officer of any other association or trade union."

  28. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Sugar Industry (Special Protection) (Amendment) (No.3) Decree 1991. No. 18.

    Adoption: 1991-05-29 | Date of entry into force: 1991-05-29 | FJI-1991-R-22655

    Under this Decree, any person "who does any act or makes any omission which hinders or is calculated to hinder" orderly planting, growing, harvesting, transport or processing of sugar cane is liable to fine or to imprisonment for a term of 14 years. A similar fate awaits anyone who "counsels, invites or encourages" a person to do so (seven years). If the offender is a trade union all its officials and officers will be liable to the prescribed penalties. However, the President suspended this Decree on 12 July 1991 in return for a promise by the Fiji Trade Union Congress to lift the sugar cane harvest boycott and revoke a national strike scheduled for 16 July.

  29. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Protection of the National Economy Decree 1991. No. 19.

    Adoption: 1991-05-29 | FJI-1991-R-22656

    A Decree "to make provision for the protection of the national economy and the economic stability and well-being of Fiji". To that end, "any person who does any act or makes any omission that harms the operation of any major industry which threatens or is likely to threaten the economic life of Fiji" is liable to a fine or to imprisonment for a term of 14 years or to both penalties. Anyone who counsels, incites or encourages a person to do so is liable to similar penalties. If the offender is a trade union, all of its officers and officials will be guilty of the same offence. However, the President suspended this Decree on 12 July 1991 in return for a promise by the Fiji Trade Union Congress to lift the sugar cane harvest boycott and revoke a national strike scheduled for 16 July.

  30. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Internal Security Decree 1988. No. 32.

    Adoption: 1988-06-16 | FJI-1988-R-6495

    Inter alia, Ch. II provides for detention to prevent a person "from acting in any manner prejudicial to the security of Fiji or any part thereof or to the maintenance of public order or essential services therein...".

  31. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Protection of Fundamental Rights and Freedoms of the Individual Decree. No. 12.

    Adoption: 1988-01-29 | FJI-1988-R-4657

    Sets forth rights to which every person in Fiji is entitled, "whatever his race, place of origin, political opinions, colour, religion, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest..." (s. 2). Protections include: right to life; personal liberty; protection of freedoms of expression (s. 11), assembly and association (s. 12); and protections from slavery and forced labour (s. 5), inhuman treatment (s. 6) and discrimination (s. 14), inter alia. Repeals provisions of the Fundamental Freedoms Decree (No. 12) and the Fundamental Freedoms (Amendment) (No. 1) Decree (No. 13), to the extent that they are inconsistent with this Decree. Deemed to have entered into force on 5 Dec. 1987.

  32. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Trade Disputes (Amendment) Act 1976 (No. 11).

    Adoption: 1976-07-08 | FJI-1976-L-13927

    An Act to amend the Trade Disputes Act 1973. No. 11. Inserts a new s. 20 A (appointment of permanent arbitrator) .

  33. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Trade Unions (Recognition) Act 1976.

    Adoption: 1976-07-08 | FJI-1976-L-13929

    An Act to provide for the recognition by employers of trade union and for matters incidental thereto. No. 17.

  34. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Public Service (Collective Bargaining) Act, 1973 (no. 123)

    Adoption: 1973-10-30 | FJI-1973-L-55217

    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.

  35. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Trade Disputes Act 1973.

    Adoption: 1973-04-27 | FJI-1973-L-15890

    An Act to make provision for the settlement of trade disputes and the regulation of industrial relations. No. 7. Repeals the Trade Disputes (Arbitration, Inquiry and Settlement) Ordinance (Ch. 78) and ss. 58 to 60 of the Trade Unions Ordinance (Ch. 80).

  36. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Unions (Amendment) Ordinance 1969.

    Adoption: 1969-05-29 | FJI-1969-R-17952

    An Ordinance to amend the Trade Union Ordinance [Cap. 80]. No. 14.

  37. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Disputes (Arbitration, Inquiry and Settlement) (Amendment) Ordinance 1968.

    Adoption: 1968-04-04 | FJI-1968-R-18491

    An Ordinance to amend the Trade Disputes (Arbitration, Inquiry and Settlement) Ordinance [Ch. 78]. No. 1. Amends s. 8.

  38. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Trade Unions Act (Ch. 96) (Ordinances Nos. 4 of 1964, 37 of 1966, 14 of 1969, Act No. 7 of 1973) - Cap. 96

    Adoption: 1964-11-01 | FJI-1964-L-26461

    Provides for the registration and regulation of trade unions. Part II--Appointment of registrar, advisory committee and other officers; Part III--Registration of unions; Part IV--The rights and liabilities of unions, officers and members; Part V--Union rules and constitutions; Part VI--Amalgamation and dissolution of unions; Part VII--Application of funds; Part VIII--Conspiracy and freedom of association; Part IX--The authority of the Minister to promulgate regulations under the Act; Part X--Offences and penalties.

  39. Fiji - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Trade Unions Regulations (Ch. 96, Sec. 60) (Regulations 31 Aug. 1964, 27 Sept. 1965, 18 June 1969, 16 May 1975, 18 Aug. 1977)

    Adoption: 1964-08-31 | FJI-1964-R-26462

    Regulations under the Trade Unions Act, together with accompanying forms and schedule, specifying procedures for registration, suspension, amalgamation, dissolution, financial reporting, and change of circumstance or address.

  40. Fiji - Freedom of association, collective bargaining and industrial relations - Law, Act

    Industrial Associations Act (Ordinance No. 18 of 1941) (Chapter 95). - Industrial Associations Act (1978 Edition)

    Adoption: 1942-08-26 | FJI-1942-L-51630

    Provides for the registration of industrial associations. Consolidated to 1978.


© Copyright and permissions 1996-2014 International Labour Organization (ILO) | Privacy policy | Disclaimer