Individual rights arising from union membership

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This subtopic considers various rights that arise from or in relation to trade union membership.

Employment rights

An employee or prospective employee has a number of rights relating to their employment that arise as a result of their union membership status:

  1. •

    the right not to be refused employment because they are, or are not, a union member

  2. •

    the right not to be subjected to any detriment by their employer for the purpose of preventing or deterring them from becoming or from ceasing to be a union member

  3. •

    the right not to be dismissed because they are or are not a union member

For more information, see Practice Note: Employment rights and trade unions.

Rights relating to activities involving unions

Time off for union-related activities

Trade union officials are entitled to reasonable paid time off during working hours to undertake certain specified trade union duties.

Similarly, union learning representatives are entitled to reasonable paid time off during working hours for certain specified learning and training purposes.

Any union member is entitled to take reasonable time off during working hours for

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