ENERGY Fiji Ltd (EFL) employees will not go on strike following concerns raised by the company regarding the Construction Energy and Timber Workers Union of Fiji’s notice for a secret ballot.
EFL lawyer Mele Rakai informed the Arbitration Court in Suva that the proposed strike could be illegal under Section 177(c) of the Employment Relations Act.
Ms Rakai noted that one of the matters listed in the union’s 2024–2025 log of claims (secret ballot) — a request for a 10 per cent salary increase— is currently before the court.
She said EFL, as a responsible employer, was seeking the court’s assistance to resolve the issue, while the union has submitted a notice for a secret ballot despite its application to strike out still awaiting a ruling.
Union representative Sailesh Naidu pointed out that under the law, a union is permitted to submit multiple logs of claims.
He said the procedure for conducting a secret ballot was under the jurisdiction of the registrar of trade unions.
He said the process of conducting a secret ballot was within the jurisdiction of the statutory body of the registrar of trade unions.
The substantive matter currently before the court concerns the union’s challenge to the validity of EFL’s trade dispute notification.
Mr Naidu also contested the trade dispute application, both on procedural and substantive grounds.
Both parties are now awaiting the court’s decision regarding the union’s application to dismiss EFL’s trade dispute, scheduled for today.
