All employees and independent contractors are free to join or not join an industrial organisation, such as a union.
It's also up to each person to choose whether or not they want to participate in industrial activity (such as a strike or work ban).
It's illegal for an employer to pressure an employee into making this choice, or to take adverse action against an employee for:
- being a union member and / or participating in industrial activity
- not being a union member and / or not participating in industrial activity.
What are adverse actions?
Adverse action against employees who join / don't join a union or participate / don't participate in industrial activity may include:
- dismissing them
- changing their role to put them in a disadvantaged position
- discriminating against them with their terms and conditions of employment.
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Employers and unions
Employers can negotiate with a union or unions representing employees about an agreement.
Employers must let a union official enter their workplace if the official has a valid permit and has given the required notice, and the official:
- is investigating an alleged breach of federal workplace relations laws for a union-member employee or textile, clothing or footwear (TCF) outworker, or
- is holding discussions with employees who are entitled to be represented by the union and who want to participate in discussions.
Employers must not take adverse action against an employee for joining / not joining a union or for getting involved in union activities (e.g. a secret ballot or lawful industrial action).