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Freedom of association

Employees have a legal right to choose whether or not to be a union member.

The freedom of association provisions contained in the Industrial Relations Act 1979 protect employees from discrimination due to membership or non-membership of a union.

Employers must not expect or request employees to:

  • leave their union;
  • join or not join a union; nor
  • treat employees less favourably or more favourably according to whether or not they are, or will become or cease to be a union member.

Employers must also not refuse to employ persons based on their union membership or non-union membership.

The Workplace Relations Act 1996 also prohibits an employer from terminating an employee on the basis of membership or non-membership of a union, or on the basis of participation in union activities outside working hours, or with the employer's consent, during working hours. 

For further information contact Wageline on 1300 655 266.