Union Rights and Negotiations

In Australia, unions act on behalf of members and negotiate (or engage in collective bargaining) to reach enterprise agreements with employers. The function of unions is to amplify the bargaining power of the employee, as the collective has a great deal more power than the individual. Unions also support and represent the rights of individual workers in the workplace, especially when the worker faces adverse action such as termination of their employment. Unions have certain protected rights in the workplace to facilitate industrial negotiations and protect workers’ rights. This article looks at union rights and negotiations in Australia.

Role of the union

Unions (known as trade unions or labour unions) are organisations of employees who band together to achieve common goals. These goals can include better working conditions, job security or higher pay. Unions play an important role in the Australian workplace, representing the interests of workers in particular occupations and industries.

Every worker in Australia has freedom of association, which means that they are entitled to join or decline to join a union. It is illegal to take (or threaten to take) adverse action against a worker for joining a union, taking part in an industrial activity or choosing to be represented by a union. These protections are important because, historically, workers have been penalised for trying to unionise, and at other times, faced resistance when trying to enter the workplace as a non-union member. In Australia, both extremes are considered undesirable. Instead, there is a strong focus on allowing each worker to determine whether union membership is worthwhile for them. 

Union rights

In Australia, unions have a range of legal rights that allow them to protect and advocate for workers.

• Right to Represent Members:  Unions can represent their members during negotiations with employers, including through collective bargaining.
• Right to Organise: unions can organise workers to join their organisation and participate in union activities.
• Right to Enter the Workplace: Union official representatives have the right to enter the workplace to hold discussions with employees, or investigate suspected contraventions of the Fair Work Act 2009 or related industrial instruments (such as enterprise agreements or awards). In order to exercise their right of entry into the workplace, a union official must have a valid right of entry permit, a valid entry notice (or exemption certificate) or meet other entry requirements.
• Right to Bargain Collectively: unions can negotiate collective agreements with employers on behalf of their members.
• Right to Industrial Action: unions have the right toorganise andparticipate in lawful industrial action, including strikes, as long as they act in compliance with the Fair Work Act.
• Right to Consultation: Employers must consult with unions on major workplace changes that could affect employees, such as redundancies and restructuring.
• Right to Protect Members’ Interests: Unions can take legal action to protect their members’ interests and enforce their rights in employment matters.
• Right to Access Information: unions can request certain information from employers that is relevant to enterprise bargaining or representing members.
• Right to Fair Work Commission Involvement: Unions can apply to the Fair Work Commission to enforce workplace laws and resolve disputes.
• Right to Training: Union delegates and representatives have the right to undergo training to better carry out their roles.
• Right to Join and Participate in Union Activities: Employees have the right to join a union and participate in union activities without fear of discrimination or adverse action from their employer.

Unions have legal rights that allow them to protect workers’ rights and effectively advocate for their members.

Union negotiations

Arguably the most important role of unions is to negotiate the terms and conditions of an enterprise agreement. A negotiated enterprise agreement is a binding enterprise-level deal on the terms and conditions of employment in a particular workplace, including the wages paid at each employee level. Enterprise agreements remain in place for up to four years and, as such, are high stakes for both workers and employers. Negotiation for a new enterprise agreement can be a difficult and drawn-out process, sometimes involving years of negotiation and even protected industrial action such as strikes. All parties to the negotiation must bargain in good faith with a focus on reaching an agreement.

Most workplaces have a mix of unionised and non-union workers. When a workplace has employees who are members of a union, the union becomes an active party to the negotiation for a new enterprise agreement, along with the employer and any other employees who are non-union members. Non-union members either negotiate individually with the employer, form informal bargaining groups, or take no part in the negotiation. However, all workers, whether they are represented by the union or not, have an equal say when the enterprise agreement is put to the vote after the negotiation concludes.

For further legal advice on union rights and negotiations, please contact the employment law team at Go To Court Lawyers on 1300 636 846. Our experienced and helpful staff can assist with any legal matter.