Role of unions and employer associations

Unions and employer associations play an important role in Australia’s workplaces. Learn about their role in the workplace.

On this page:

Unions in the workplace

Unions represent the interests of workers. The Fair Work (Registered Organisations) Act 2009 allows unions to apply to become registered, so that they can enrol and represent workers in particular industries or occupations.

Workers can be represented by a union in their workplace for a range of workplace issues. Unions can, subject to legal requirements:

  • advise on and resolve workplace issues by being a voice for workers
  • act as a bargaining representative during enterprise bargaining negotiations
  • enter workplaces to hold discussions with employees and investigate suspected breaches of workplace laws
  • enter workplaces to exercise their rights under work health and safety laws.

Unions can also ensure employers are meeting their minimum obligations under the Fair Work Act and can look into suspected breaches of other workplace laws including anti-discrimination and workplace health and safety laws.

Unions can apply to the Fair Work Commission (the Commission) to vary the terms of awards. This includes applying to vary award terms that are ambiguous or unclear. The Commission is the national workplace relations tribunal and registered organisations regulator.

A union official is a person employed directly by a union, or a person who holds an elected office within a union. Union officials represent many workers across a wide variety of workplaces.

Union members (including employees and regulated workers) can be elected or appointed as delegates to be a representative for their union’s members in the workplace. For more information, visit Workplace delegates.

Union membership

All employees, regulated workers and independent contractors have the right to join or not join a union. This is called ‘freedom of association’. Freedom of association also extends to employers, who can choose whether or not to join an employer association.

Each union has its own rules about who is eligible to join. For example, unions may represent workers in certain industries or occupations. For tips on how to find a union, go to How to find a registered organisation.

Freedom of association also means that all workers can choose whether to:

  • be represented in their workplace by a union
  • take part in lawful industrial activities.

Freedom of association protections in the Fair Work Act make it illegal:

  • to take or threaten to take ‘adverse action’ against a person for:
    • being or not being a union member
    • taking part or not taking part in industrial activity
    • choosing to be represented, or not to be represented, by a union
  • for a person to coerce another person to join or not join a union
  • to misrepresent another person’s obligation to:
    • join or not join a union
    • disclose whether they or another person is or has ever been an officer or member of a union
  • to induce a person to be or not be a member or officer of an industrial association (such as a union).

‘Adverse action’ against a person includes:

  • sacking them
  • refusing to employ or engage them
  • changing their role to put them in a worse position
  • changing their terms and conditions of employment to put them in a worse position, for example, changing their roster to provide fewer shifts or reducing their pay
  • discriminating between them and other employees.

For more information, visit Protections at work.

Unions and employers working together

Working at best practice means employers and unions build strong working relationships and rapport. This can help create productive workplaces and increase employee engagement.

A good working relationship between employers and union representatives can be built when they:

  • respect the rights of workers to join or not join their union, and for union representatives to access their members and potential members
  • understand the importance to the employer of work being performed productively.

It’s important that employers and union representatives:

  • communicate respectfully
  • understand their rights and how they can be properly exercised
  • respect each other’s interests and needs.

When employers and union representatives prioritise building strong working relationships, this can have significant benefits, including:

  • increased employee trust in management
  • increased employee involvement when change occurs
  • an independent workplace voice allowing employees to feel more engaged and involved in decision-making
  • increased compliance with workplace laws.

Example: Unions attending induction training for new employees

Anvi manages the HR department for a mid-sized manufacturing company. Most of the employees on Anvi’s site are union members. Over the years, Anvi has developed a good working relationship with one of the union officials, Brad.

Anvi has just hired 2 new apprentices. They will spend their first few days completing induction training. Anvi contacts Brad and invites him to come and speak to the new employees about their right to join the union.

Brad agrees and arranges a time that works for Anvi to attend the worksite for a 30-minute chat with the new employees. During their discussion, Brad explains the benefits of joining the union and answers any questions the employees have. Brad makes it clear that joining the union is optional. He gives the employees information about membership fees and a form to sign up if they choose to.

Example: Employers working with unions to manage significant change in the workplace

Carlos is the director of a paper mill with a workforce of over 50 employees. Carlos has decided that the business will need to restructure its operations to stay competitive. Carlos knows that under his award, he is required to consult with employees on major workplace change, including potential redundancies. The award requires Carlos to:

  • notify any employees who might be affected by the changes, and their representatives
  • discuss the changes with affected employees and any representatives, including how they might affect employees and any measures to avoid or reduce adverse effects
  • for the purposes of discussion, provide affected employees and any representatives with written information about the changes, including the nature of the changes, how they might affect employees and any other matters that are likely to affect them
  • consider any matters raised by employees and their representatives in discussion about the changes.

Kate is a union official. Carlos and Kate have a positive working relationship. Kate has helped employees feel heard and helped them negotiate better employment conditions.

Carlos contacts Kate and explains the business has made a definite decision to restructure their operations. He explains there are still some details that need to be finalised, but he would like Kate to be involved in consultation with union members who are impacted by the change. Kate agrees.

Carlos sends an email to affected employees notifying them of the proposed restructure, which includes information about how the restructure might affect them and potential measures that could be taken to avoid or reduce potential adverse effects. Carlos sets up a group meeting with his employees to discuss the proposed restructure and listen to their feedback. Kate also attends the meeting so she can help to address issues raised by the employees. 

Later, Kate receives several emails and phone calls from employees who are unsure about how the restructure might affect them, their duties and entitlements. She shares their feedback with Carlos.

Carlos considers the feedback provided in the meeting and shared with him by Kate. The feedback helps Carlos improve and tailor his engagement and communications and helps shape the restructure. The feedback also helps Carlos to identify and implement additional measures to minimise the impact of the restructure on staff.

Carlos and Kate work together through the restructure to help the employees who have been made redundant find new work in the industry, communicating clearly and respectfully on matters as required.

By involving Kate from the beginning, and prioritising open communication and consultation, Carlos is taking steps to make sure his employees feel supported.

Employer associations

Employer associations are established to represent the interests of their employer members, including in relation to workplace relations matters. 

Employer associations can apply to become registered organisations. Registered employer organisations usually apply to specific industries or sectors. Under workplace laws, employers have the right to choose whether they wish to join an employer association or not.

Employer associations can provide advice to their members on workplace laws, represent members in industrial matters and advocate for policy changes within their sector. Lawyers who are employees or officers of employer associations also have the right to represent members at the Commission without seeking the Commission’s permission to appear.

Employer associations can apply to the Commission to vary the terms of awards. This includes applying to vary award terms that are ambiguous or unclear.

How to find a registered organisation

Unions and employer associations represent workers and employers in many jobs and sectors, including industries like:

  • building and construction
  • education
  • healthcare
  • manufacturing
  • mining
  • public service
  • hospitality
  • retail.

You can find a list of all unions and employer associations that are currently registered with the Commission at Find a registered organisation.  

Employees can search for a ‘union’ and their industry online, for example, ‘education union’, to see which unions they may be eligible to join. Employees can also find their union on the Australian Unions website or can call 1300 486 466.

Source reference for page: Fair Work Act 2009 sections 12, 342, 346–350, 772 and Fair Work (Registered Organisations) Act 2009

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