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Freedom of Association on site – know your rights


National , Alert 

Release date: 6 August 2009 

Your decision on whether or not to join a union or industrial association is a matter of choice. You cannot be forced into joining such organisations and you do not have to provide information to anyone about whether or not you are a member.

All building industry participants should know their rights and responsibilities in regard to freedom of association. The law gives everyone the right to decide whether they belong to an industrial association like a union or an employer body. The laws also prevent discrimination occurring on the basis of whether or not you belong to one of these groups.

Employees must not be pressured by a union, an employer or any other person to make a decision about joining, not joining or leaving a union. An employer cannot dismiss an employee based on whether or not they are a union member.

If you are asked about membership of such bodies or your type of workplace agreement, whether in casual conversation, in site inductions or on forms provided to you by your employer or industrial representative, you do not have to answer the questions.

Also, if you do provide this information, it cannot be used to discriminate against you or coerce you into joining or resigning from a union, or signing-up to a particular type of workplace agreement.

Importantly, head contractors in the building industry should note that that they can be held accountable for the actions of their employees. Head contractors should ensure that freedom of association principles are adhered to on-site.  

 

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Disclaimer

This newsletter was correct as at 6 August 2009.