How to register a union in Fiji

PIoWR Learning Hub · about 5 minutes, including the quiz · For: Fishers, Seasonal Workers, Domestic Workers

In this lesson you will learn:

Why a union must be registered in Fiji
What the application needs
What happens after you apply

Why register?

In Fiji, the Employment Relations Act 2007 says all trade unions must be registered (section 119). Registration gives the union legal standing — for example, to bargain collectively under the Act. The Registrar of Trade Unions keeps the register.

This lesson follows the text of the Act as first made in 2007. The Act has been amended since, so always check the current law and ask the Registrar or the Ministry of Employment, Productivity and Workplace Relations before you apply.

What the application needs

Under section 119 of the 2007 text:

1. The application is made to the Registrar in the prescribed form.

2. It must be signed by more than 6 members (so at least 7).

3. It must include 4 copies of the union's constitution and rules, authenticated by the president and the secretary.

4. It must include a statement with:

the names, occupations and addresses of the members applying;
the name of the union;
the titles, names, ages, occupations and addresses of the union's officers.

The union's rules must make adequate provision for the matters listed in Schedule 5 of the Act.

What happens next

The Registrar must decide within 21 days of receiving the application (section 120).
The Registrar may ask for more information (section 121).
If the proposed name is the same as, or too close to, another registered body, the Registrar asks you to change it (section 122).
The Registrar may refuse registration for reasons set out in section 125 — for example, if the union's objects are unlawful, the rules do not cover Schedule 5, or the union is dominated by an employer. If refused, the Registrar must give reasons in writing within 7 days, and there is a right of appeal (section 139).
When registered, the union receives written proof of registration (section 126).

After registration

A registered union has ongoing duties, such as sending yearly returns to the Registrar. If the union later wants to affiliate with another union or a federation, the 2007 text says this must be supported in a secret ballot by more than 50% of all members (section 124).

For longline fishers in Fiji, the route is different: they are joining the new Fiji Maritime Union (FMU) as a Fishers Branch within the FMU mandate, and PIoWR is helping to establish it. Fiji is PIoWR's first harbour. If you are a fisher and want to know more, write to PIoWR.

Key points

All trade unions in Fiji must be registered with the Registrar of Trade Unions.
An application needs more than 6 members' signatures and 4 copies of the rules.
The Registrar must decide within 21 days; refusals must be explained and can be appealed.
Always check the current amended law before applying.