Trade union activity

What is trade union activity discrimination?

Trade union activity discrimination happens when someone is treated unfairly because they:

are a member of a trade union
engage in lawful union activities

There is no protection for unprotected industrial action.

Discrimination on the basis of trade union activity is unlawful whether or not:

the assumptions made about your involvement in trade union activity were correct
the person who discriminated against you didn’t mean to discriminate or didn’t think they were discriminating against you.

The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.

Discrimination can be direct or indirect.

Direct discrimination happens when a person is treated worse than others because of their trade union activity.

For example, a union delegate who was concerned about new procedures that compromised workplace health and safety, called union meetings and encouraged workers to join the union. The manager then wrote an adverse report about the delegate's work performance which had no basis in fact.

Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person’s trade union activity, unless it is reasonable in the circumstances.

For example, an employer requires all workers to attend a meeting, and failure to attend (other than for illness or family emergency) will result in disciplinary action. A union meeting has been scheduled to take place at the same time.

been scheduled to take place at the same time.

It is also unlawful to discriminate against someone because of their connection with a person involved in trade union activity. This includes discrimination based on their relationship or association with someone involved in trade union activity, such as a:

friend
family member
co-worker.

For example, a woman is unsuccessful in a job application despite being very well-qualified. The interviewer tells her she scored highly in the recruitment process but they are uncomfortable with the fact that her brother is a well-known union official.

Learn more about association discrimination.

When and where it’s unlawful discrimination

Trade union activity discrimination is unlawful in many areas of public life, including:

At work: including in relation to recruitment, job offers, training, promotion, conditions, and dismissal.
In education: schools, universities, TAFE and other training providers cannot refuse enrolment or treat students differently because of their involvement in trade union activity.

In the provision of superannuation and insurance.

In accommodation: including when renting, applying for housing, or using short-term accommodation.

In goods and services: shops, cafés, banks, loans, government or other services must treat people fairly.

In club membership: membership, benefits, and participation must not be restricted based on a person’s involvement in trade union activity.

In state government administration: in the administration of state government programs.

Examples of trade union activity discrimination

A union delegate discovered that some migrant workers were not being paid the award rate. When she assisted the workers to lodge complaints to a national regulator, her employment was terminated.

A union delegate arranged a meeting with management over concerns about a mandatory clock-on time for all workers affecting people with children. After the meeting the manager cut the person’s hours in half.

At a job interview an applicant was asked whether they had been involved in unions in previous workplaces, and they said that they had. The person was not awarded the job even though they were the best candidate.

When different treatment may be lawful (Exemptions)

There are some circumstances when discrimination on the basis of trade union activity is allowed. These are called ‘exemptions’.

Exemptions apply only in limited situations and only when they are reasonable.

Discrimination on the basis of trade union activity is allowed in relation to the membership of industrial, professional, trade, or business organisations if parts of the Industrial Relations Act 2016 apply. The relevant provisions relate to entitlement to be a member, and disqualification of certain people from being a candidate or holding office.

Learn more about exemptions.

What you can do

If you believe you have been discriminated against because of trade union activity, you can make a complaint to the Queensland Human Rights Commission.