Unions

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Over decades, workplace unions have done much to ensure Australian workers have good working conditions and benefits. Unions continue to undertake valuable work today, but union membership is at an all time low. Some unions now lack the necessary resources to offer individual members the level of service that is required in relation to bullying, unfair work practices, constructive and unfair dismissals in their organizations. These unions appear to be more geared towards working on broader issues in the workplace which end up benefiting all workers.  Examples include better wages, better personal leave conditions, better arrangements for contract workers, etc. This across the organization work by unions is likely more recognized by members although the benefits improve the lives of all employees in the organization. It is therefore, critical that you support your union  - your support is crucial for unions to continue the work they do. If you want to have a high quality individualized service, be prepared to support your union and advocate to bring in new members so you have a strong union in the workplace. Note that unions need to be staffed appropriately to represent your interests; it is not possible for them to provide services while they are under resourced! 

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In terms of individual support for bullying, unfair work practices, constructive and unfair dismissals, some unions who lack sufficient resources, don't generally get recognition for spending their limited resources (given low membership) on these matters. It is even possible that some union members may not even appreciate their 'strapped for resources' union investing (their limited resources) on a few individuals or taking their employer to the Fair Work Commission to fight for an individual's work right. When union lack resources it is also possible that there are likely `trade offs' they make with management when discussing across the board benefits for all workers. An individual member's matters in relation to bullying, unfair work practices, constructive and unfair dismissals takes less priority than an across the board benefit to all members and indeed all non-members.

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When dealing with individual complaints from members in relation to bullying and constructive and unfair dismissals, it is possible that the perpetrator also holds union membership. This means that if the union takes a stand in your matter, it can become confrontational particularly if the perpetrator is part of the senior leadership and involved in other across the board issues on behalf of all union members. You need to look for the tell-tale signs that your union is not able to provide you the depth of service you require. Your union is unlikely to inform you that they cannot offer you the depth of individualized service you require. Given dwindling membership, they don't want to lose you as a member too! 

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If you have sought your Union’s help and it isn’t forthcoming, you should escalate your matter to the next level. In other words, be prepared to take action yourself! This will mean exploring other ways to raise your concerns. Whilst considering this action, remember that many Enterprise Agreements (EA) are very craftily negotiated by employers so that you are not able to go directly to the Fair Work Commission (FWC) without first going through `internal' systems (namely the union and the HR Department) and this means if the union is not able to provide you with the level of service you require  (due to the issues listed above) and you don't have the confidence that you can trust your HR Officer/Department to look after your interests, then  you are in deep trouble!

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If your union is not able to support you, you have no choice but to proceed to the FWC and make the necessary application to protect your work rights. If you fail to do this and simply wait thinking that `things will get better', they won't! Instead it is likely that you will end up losing your job and then it will be too late to save your job. Once you lose your job and then lodge an application directly to the FWC under `unfair dismissal' laws, this rarely gets  your job back. Regrettably, unscrupulous employers who are held accountable at the FWC, agree to pay the sum of up to a maximum 6 month salary (in unfair dismissal cases) but won't offer you your job back - instead they will argue that the employer-employee relationship is now fractured, citing health and safety issues! Therefore, when it comes to workplace bullying act before you are made redundant! (Amazing how bullies can set you up for redundancy through performance management or change management processes - read the story here to better understand how one can lose one’s permanent position due to inadequate support from the union).   

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Finally, make sure you have the evidence you require. Remember if you are dealing with bulllying and the `bully' is someone from the leadership team, your employer is likely to do everything possible to keep you from having access to  `evidence’ (examples - your emails) once they become aware that you are proceeding to take action in relation to your work rights. 

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Despite the limitations listed above unions carry out services on behalf of workers.

 

We ask that you support a union.  

 

Click here to better understand the overarching work undertaken by unions in Australia on behalf of all workers. 

 

    

 

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