- Laws of Fiji

Last Updated: 1 December 2016

[EMP 23,025] FORM ER20 RECORD OF STRIKE OR LOCKOUT(Section 183 of the Employment Relations Act 2007 and regulation 52)

FE20

1.Name of business.................................................................................
2.Main industry of your business.................................................................................
3.Type of work reduction
[if the type of work reduction changed during a continuous period of work interruption, tick each type]:

	□	Complete strike: total withdrawal of labour by some or all workers
	□	Partial strike: reduction in type of work; eg, go slow, work to rule, overtime ban, ban on particular types of work or similar
	□	Lockout

4.Place of strike or lockout [nearest city or town]................................................................
5Number of workers involved in the strike/lockout
[include non-striking workers suspended because of the availability of normal work during a strike/lockout].................................................................................
6.Describe the group of workers involved according to their membership of a union, occupation or other relevant characteristic ................................................................................. .................................................................................
Do the workers involved include any — [please tick all that apply];

	□	part-time workers
	□	shift workers
	□	Workers whose normal span of hours includes weekends

7.Start time of strike/lockout................. am/pm on.................
[day] [month] [year]
Finish time of strike/lockout................. am/pm on.................
[day] [month] [year]
8.On how many of these days was work affected by the strike/lockout?
Please answer questions 9 and 10 if the strike or lockout included
(a)a total withdrawal of labour by some or all of the workers; or
(b)a lockout; or
(c)wages or salaries deducted by you for the duration of the strike or lockout.
Otherwise go straight to question 11.
9.How many hours were lost in total by all workers during the strike/lockout?
Include all hours normally worked at all times including regular overtime that would have been worked .................................................................................
(For example, total time lost = duration of strike/lockout (hrs) × workers involved. Include all hours normally worked at all times, including regular overtime and penal time that would have been worked.)
10.What was the total amount of wages and salaries lost by all workers during the total time of the strike/lockout?
$................................................................
[Include all wages and salary normally earned at all times including regular and penal time that would have been paid.]
11.What were the main reasons for the strike/lockout? (tick all that apply)

	□	dispute over whether the parties have acted in good faith
	□	dispute arising from negotiation of coverage of employment agreement
	□	dispute over wage provision of an employment agreement
	□	dispute over a safety or health agreement
	□	dispute over the way the employment agreement is interpreted or applied
	□	dispute over alleged breach of agreement
	□	dispute over hours of work provisions of employment agreement
	□	dispute over redundancy provisions of employment agreement
	□	dispute over leave provisions of employment agreement
	□	dispute over overtime/shift provisions of employment
	□	other [please describe] .........................
	□	.........................

12.How was this underlying dispute finally resolved? [tick one only]

	□	not resolved
	□	negotiations between employer and workers or their representatives
	□	Mediation Services provided by the Ministry
	□	a determination/order of the Employment Relations Tribunal
	□	a decision of the Employment Relations Court or other third party
	□	other (please describe)..................................................................................................................................................

13.What was the method by which normal work was finally resumed? (tick one only)

	□	without negotiations or other action
	□	negotiations between employer and workers or their representatives
	□	Mediation Services provided by the Ministry
	□	a determination/order of the Employment Relations Tribunal
	□	a decision of the Employment Relations Court
	□	other (please describe)..................................................................................................................................................

14.Details of person completing this form

	□	Name.........................
	□	Position.........................
	□	Business address.........................
	□	Telephone number.........................
	□	Fax number.........................
	□	E-mail address.........................

15.Please sign here:

................................................................ Date: .................................................................................

Notes
•A strike or lockout is an industrial action, whether it is lawful or not, that results in a total or partial reduction of labour for a continuous period of time.
•Complete one form for each strike or lockout.
•If the strike or lockout was in more than one location, complete one form for each location.
•Under the Employment Relations Act 2007, you are obliged to keep a record of all of this information whenever there is a strike or lockout.
•When you have completed this form, please send a copy within one month after the end of each strike or lockout to the Ministry.
•The meanings of “strike” and “lockout” under section 4 of the Employment Relations Act 2007 are set out below:

A “strike” means the act of a number of workers who are or have been in the employment of the same employer or different employers—
(a)in discontinuing their employment either wholly or partially, or in reducing the normal performance of it;
(b)in breaching their employment contract which results in a reduction or discontinuance in the work of the employer;
(c)in refusing or failing after such discontinuance to resume or return to their employment;
(d)in refusing or failing to accept engagement for work in which the workers are usually employed; or
(e)in reducing their normal output or their normal rate of work with the intention of disrupting the work,

if the act is due to a combination, agreement, common understanding or concerted action, expressed or implied, made or entered into by the workers; but does not include a union meeting agreed to between a trade union and the employer.
A “lockout” means the act of an employer—
(a)in closing the employer’s place of business, or suspending or discontinuing the employer’s business;
(b)in discontinuing the employment of workers employed by the employer in consequence of a dispute;
(c)in breaking any of the employer’s employment contract; or
(d)in refusing or failing to engage workers for any work for which the employer usually employs the worker;
with a view of compelling the workers to accept terms or conditions of or affecting employment.