Employees often join unions to represent their interests within a certain trade or industry. All employees have the right to join or refuse to join a union under the principle of freedom of association. This article will outline the legal status of unions and your obligations as an employer under labour laws.
Joining a Union
Employees often find unions useful in helping them lobby and bargain with employers for improved working conditions and pay. As an employer, you should approach unions with a proactive attitude to minimise your risk of violating labour laws. For instance, under the Fair Work Act 2009 (Cth) employers cannot dismiss an employee on the basis of their union membership. Nor can you treat employees adversely on the basis of their membership status. Adverse actions include:
- terminating an employee’s employment; and
- putting an employee in a worse position than they currently are in by changing their working conditions or their position within the business.
If you take adverse action, the law considers this a serious breach. This in turn means your business could face severe consequences including a fine or prosecution.
A union official also has the right to enter a workplace to investigate certain matters including complaints that have been made by employees. To investigate a suspected breach of workplace laws, at least one member of the union must be affected and the union must give written notice to you before entering the premises of your business.
The Rights and Restrictions of Union Representatives
Generally, union representatives have the right to:
- talk to anyone about a suspected breach who agrees to be interviewed and is represented by the union;
- inspect any work that is relevant to the breach;
- access documents and records that relate to the breach, including time sheets, pay slips, work rosters and leave records.
There are restrictions on the ability of the representatives to enter your workplace. Importantly, these representatives cannot access any files of non-union members without their express permission. A union representative must also speak with employees during break times and not during paid work hours.
When bargaining with unions both employers and the unions must do so in good faith. It is important that negotiations are made in good faith as this will create workplace conditions that are suitable for both employers and employees.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Key Takeaways
Employees are allowed to join a union, just as they are free to refuse to join. As an employer, it’s important to understand that you cannot take adverse action (e.g. putting an employee in a worse position than they currently are in by changing their working conditions or their position within the business) because of their decision to join or not join a union.
While it could be in your best interests to maintain a healthy, cooperative relationship with a union that represents your employees, you may wish to get legal advice if you suspect that something is not right, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Unions are often formed to represent the particular interests of employees within a certain trade or industry. Due to principles regarding freedom of association in Australian law, all employees have the right to join or refuse to join a union.
A union official also has the right to enter a workplace to investigate certain matters including complaints that have been made by employees. To investigate a suspected breach of workplace laws, at least one member of the union must be affected and the union must give written notice to you before entering the premises of your business.
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