Every day, you keep FRV running. You deserve to be recognised for that.
No. Your union membership is yours alone. FRV has no legal right to know whether you are a member, under the ‘rights of association’ provisions of the Fair Work Act. If asked, you are never required to tell them.
If you’re ever asked directly, you don’t have to answer. A simple response is to respectfully say: “I’m not comfortable engaging in this conversation.” You are within your rights to decline the question entirely.
No. You have a right to belong or to an industrial association (for example, a union). Under the ‘general protection’ provisions of the Fair Work Act, FRV cannot take any adverse action against you for being a UFU member.
Adverse action includes doing, threatening or organising to do any of the following:
These are examples and not a full list of what might constitute adverse action. You can learn more about adverse action and protections at work on the Fair Work Ombudsman website or in this Fair Work Ombudsman factsheet.
If you believe a decision – like being passed over for a promotion – was influenced by your union membership, the law is ‘reverse onus’. That means it puts the onus on FRV to prove a decision wasn’t influenced by your union membership. You don’t have to prove their intent; they have to prove their decision was unrelated.
These protections carry serious legal penalties for any employer who breaches them.
If something doesn’t feel right or if you believe you are being mistreated (or might be mistreated), you should contact a delegate or the UFU office. We are here to advise you and ensure your rights are protected, and you don’t need to deal with problems alone.
You have the right to raise concerns about your workplace, your conditions, and your treatment without fear of reprisal. The union can raise these concerns on your behalf. You also have the right to be accompanied by a union representative at any meeting.
You can contact your union in confidence for advice, support, or representation. Contacting the UFU doesn’t mean action must be taken. You will always be in charge of what happens next.
You have a legal right to join your union, and union members have a right to engage in protected industrial action. FRV cannot threaten your employment or reprimand you for engaging in protected industrial action.
FRV management may express a preference that you don’t get involved with the union, but that’s all it is – a preference. They do not have a legal right to know about your union membership, or to dictate how you engage with your union.
The UFU will always defend your legal rights. If you are feeling pressured, concerned, or worried about your treatment or about getting involved with your union, please get in touch with a delegate or the UFU office for a confidential chat.
Enterprise bargaining is the legal process used to negotiate a new enterprise agreement. An enterprise agreement is the document that sets your pay, classifications, and terms and conditions of employment. The UFU bargains on behalf of members to reach an agreement with FRV.
Under the Fair Work Act, FRV is legally required to bargain in good faith.
That means they are legally obligated to do things like:
However, the good faith bargaining requirements do not require them to:
There requirements are laid out in Section 228 of the Fair Work Act. You can learn more about good faith bargaining from the Fair Work Commission Website.
If an employer fails to meet good faith bargaining requirements, a bargaining representative can apply to the Fair Work Commission for a bargaining order. A good faith bargaining order is a legally binding direction requiring the employer to comply. Failure to follow such an order can result in serious financial penalties.
The Fair Work Commission (FWC) is an independent body. When they receive an application for a bargaining order, firstly, the Fair Work Commission schedule a conciliation conference in an attempt to resolve the matter. If the matter is not resolved, the application then goes to a formal hearing.
Protected industrial action is a legal right under the Fair Work Act. When a union has followed the correct process, union members can take Fair Work Commission approved forms of action as part of bargaining for a better enterprise agreement. These actions are one way put pressure on an employer.
Before protected industrial action can be taken, union members must vote to agree on if action should be taken, and what action should be taken if so. Each time protected industrial action has been voted on, about 90% of UFU members have voted in favour.
“Protected” means you are protected from being punished for engaging in protected industrial action like work bans. It is unlawful for FRV to discipline, penalise or retaliate against any member for engaging in protected industrial action.
That means:
If you have any concerns about your treatment at work, please get in contact with the union immediately.
And remember: you do not have to to tell FRV whether you are a union member.
First: you need to be a UFU member. Only union members can take protected industrial action like work stoppages and work bans. Members must only engage in approved actions. The UFU will only ever tell you to take an action once it has been approved by the Fair Work Commission and agreed to by the union membership through a vote.
Second: one safety rule applies to everything. If taking action would endanger the life, safety or welfare of any person, stop immediately and contact a delegate or the UFU. If you have any concerns or questions, please contact the UFU before engaging in a protected industrial action.
Third: you choose the actions you’re comfortable with. While the UFU recommends engaging in as many protected industrial actions as you can, not every action fits every person or situation. You are free to engage in only the specific actions that apply to you.
That means you can:
If you think you have been adversely affected, you should contact the UFU or a delegate immediately.
If you need more information about anything related to protected industrial action, please contact the UFU or a delegate.
Your union exists to make your options and rights clear. The UFU has resources like an industrial relations officer and a legal team available to ensure members can access accurate, reliable, and timely information.
You can view more information about protected actions at the link below.
If you need more information or if you’ve been adversely affected, let us know.
Unions have fought for decades to defend your right to seek fair pay and fair conditions, and to ensure your job security. Under the Fair Work Act, there are legislated general protections that protect you from FRV taking any detrimental action against you. Therefore, you cannot be punished for joining your union or getting involved in protected industrial action. The UFU will use all avenues to defend your legal rights and your employment.
If you have any concerns about how you are being treated (or might be treated) if you get involved, let us know.
