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Not sure about your rights at work? - Ask Neale


question

Can employers in a contract state that casual employees cannot be part of or join a union later if they sign the contract? I was under the impression that this was illegal

Val, Qld


answer

It is illegal under the Workplace Relations Act to restrict freedom of association which sounds like what they are trying to do. The MUA dispute was about pretty much the same thing

The Qld IR Act prevents such behaviour as it is far more friendly to unions than the federal legislation. Section 101 of the Qld legislation states that a person eligible to become a member of an industrial organisation may become or remain a member. Section 531 has the criteria for membership which certainly does not exclude casuals or people on contracts.

Actually if you really are a casual there would be no contract signed as employment is on a daily basis so it seems a bit odd to me. Casuals can be union members.



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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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