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Not sure about your rights at work? - Ask Neale


question

No-one at work wants to know about unions because the boss is always complaining about them and saying he would get rid of any union "troublemakers"? Can he do this?

Jenny F., Miranda


answer

Freedom of association

Freedom of association is the right of any worker to join a union. By law, your employer cannot stop you joining a union and you cannot be discriminated against for being a union member.

It is illegal for any employer to sack someone for being a union member. If this does occur, your union will be able to get you reinstated.

(Recent decision)

The Federal Court has fined a manufacturing company whose managing director made anti-union speeches to its workers and threatened to dismiss toolmakers if they joined a union. The AMWU alleged that DMG Industries breached Part XA of the Workplace relations Act. The company conceded it had breached s298K of the Act and agrred to reimburse the union for its costs and agreed to provide written undertakings against such action in the future. AFMEPKIU V DMG Industries Pty Ltd, Fed Ct (Marshall J), 2 June 1999, (1999) 46 AILR ¶4-095.



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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