Attorney-General Aiyaz Sayed-Khaiyum today announced the implementation of the Bainimarama Government’s Essential National Industries & Designated Corporations Regulations 2011. The Regulations declare essential national industries and corporations deemed vital to the economic well-being and security of Fiji. The terms of the Essential National Industries (Employment) Decree 2011, gazetted in July, will now govern the labour laws of the declared enterprises, ensuring the viability and sustainability of these industries whilst protecting fundamental workers’ rights. The regulations are scheduled to take effect immediately.
“The Decree and its Regulations set forth realistic and balanced requirements for both employers and labour representatives. The purpose is to help create growth and long-term viability for companies essential to Fijians and, in doing so, protect jobs and ensure fundamental workers’ rights. As other developed countries with similar labour laws governing essential industries have demonstrated, these are not mutually exclusive goals,” said Mr Sayed-Khaiyum.
The industry sectors included in the Regulations are limited to those deemed essential to Fiji; therefore, it is in the best interest of Fijians to prevent disruptions to their operations. Those included are Fiji’s financial, telecommunications, civil aviation and public utilities industries. With the exception of four foreign-owned banks, the Regulations do not apply to the private sector. The Attorney-General confirmed that the list of industries covered by Decree will be kept under review and updated as necessary to take into account an objective of the Decree to ensure the viability and sustainability of essential industries.
Mr Sayed-Khaiyum noted that the Regulations are deliberately limited in scope and do not pertain to industries such as the garment, mining, retail and other industries. “Excluding these industries supports Prime Minister Commodore Voreqe Bainimarama’s commitment to improve the wages and working conditions for those workers who may find themselves on the margin of poverty and who are working toward a better life for themselves and their families,” he said.
“The Bainimarama Government takes providing for and protecting workers’ rights very seriously,” Mr Sayed-Khaiyum said. “So there is no misunderstanding or room for misinterpretation, it is important to emphasise that among the rights protected and extended to workers of industries provided for in the Decree include the right to organise and form unions, the right to vote in secret ballot elections, the right to strike, the right to collectively bargain and the duty of corporations and labour unions to renegotiate bargaining agreements in good faith; the right to a well-defined dispute resolution process; and the right to receive overtime pay.”
“In support of the great strides Fijian workers have made in recent times, Fiji’s employment laws today provide our people with genuine protections and benefits. These range from a guaranteed minimum wage to annual, maternity and sick leave to guaranteed holidays to strong and enforceable child labor protection laws.” Mr Sayed-Khaiyum noted.
In relation to this Mr Sayed-Khaiyum noted that the government is constructively engaging with organisations such as the International Labour Organisation.
“As Fijian’s prepare to take the necessary steps to vote in the country’s Parliamentary Elections in 2014, it is our intention that they continue to benefit from the fundamental guarantees to essential human rights and employment protections recognised by principled governments and labour and social organizations the world over. We are working hard to ensure these rights and look forward to working with our declared industries and their labour representatives to promote them.
“On a related note, we are pleased to have announced this week that our plan to register Fiji’s some 660,000 eligible voters is on track. A call for expressions of interest for the registration of voters through an electronic voter registration system was issued. The plan calls for the effort to commence in January and conclude by the end of June next year,” Mr Sayed-Khaiyum added.
Whilst issuing today’s announcement, Mr Sayed-Khaiyum stressed that the government recognises that the success of Fiji depends on the need to attract and retain businesses, create jobs and improve the economy. “Good progress is being made, and there is still more work to be done. We appreciate the support of the Fijian people as we move forward together,” he observed.
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The Industries and Designated Corporations listed in the Essential National Industries & Designated Corporations Regulations 2011 are as follows:
ESSENTIAL NATIONAL INDUSTRY
DESIGNATED CORPORATIONS
1. FINANCIAL INDUSTRY
(i) Australia & New Zealand Banking Group
(ii) Bank of Baroda
(iii) Bank of South Pacific
(iv) Westpac Banking Corporation
(v) Fiji Revenue & Customs Authority
2. TELECOMMUNICATIONS INDUSTRY
(i) Fiji International Telecommunications Limited
(ii) Telecom Fiji Limited
(iii) Fiji Broadcasting Corporation Limited
3. CIVIL AVIATION INDUSTRY
(i) Air Pacific Limited
4. PUBLIC UTILITIES INDUSTRY
(i) Fiji Electricity Authority
(ii) Water Authority of Fiji
Click here for the Essential National Industries (Employment) Decree 2011 (pdf)
and the Essential National Industries and Designated Corporations Regulations 2011 (pdf)