It's a simple question, so I'll give a simple answer. Yes. You should join a union. But the caveat is that you should never "set and forget" your membership. Joining a union comes with costs, sometimes more than monetary costs, so you should always continually assess the value and benefit of your union membership.
Remember, this conversation is Australian. Your right to be a union member, and engage in union activity, is protected by law in Australia. It is very unlikely you will need to "form a union". There will probably be one sitting there, ready and waiting for you, specifically tailored to the industry that you work in. That's great news! These rights have been hard fought for, which is something for which the Australian union movement is rightfully proud.
It is fair to say that I have no desire to rehash the entire union movement for you here. It’s a fascinating and long story, and we can't do that history justice within one post. But I will say that I am very grateful for many of the workplace protections we have today, and most of them are the result of a lot of union activity over a long period of time.
So instead of a union deep dive, let's get simplistic. Any union today will (or should) have three primary focuses:
Advocating for changes in the broader industry or industries they represent. This may include fighting for improved pay, safer work practices, and increases to other employee entitlements such as leave, training, reasonable working hours.
Advocating within specific workplaces for fair Enterprise Agreements, fair practices during change processes (such as restructures, new processes, and redundancies), fair and equitable rosters, safe work practices, and appropriately implemented pay and other workplace rights.
Advocating for and representing individual union members when they are faced with workplace challenges such as performance improvement processes, misconduct allegations, workplace bullying, safety issues, discrimination, and the implementation of workplace rights.
You can engage with your union in any of these areas, but for most people, the "safety net" of joining a union is about point 3. You need someone in your corner when things go wrong!
So how do you know whether you, specifically you, should be in a union? It is a personal question and if I am honest, I have biases both for and against being a union member due to my experiences with a wide range of union types as a HR practitioner, and also due to the work I saw the union do for my famiy when I was young. So to try and bring things back to an individual decision, I encourage you to focus on four questions that I think you could continually ask yourself as a potential or current union member:
Do I work in an industry or organisation where I cannot trust that my rights will be upheld?
Am I vulnerable to discrimination (for example by having a disability, being young and new to the workforce, being in very low paid work, being a migrant worker, being a female in a male-dominated industry etc).
Do my relevant union's actions and goals align with my values?
Do I have means or access to better legal and advocacy advice than my union can provide, if needed?
You may notice that the first two are about why you maybe should be in a union, whereas the second two help you make decisions about whether union membership is not right for you. Your answers to these questions will vary throughout your employment journey. Here's my own answer!
I worked in retail throughout university and I maintained a union membership during that time. I was studying industrial law, so when my union negotiated a new Enterprise Agreement with my employer, I read it carefully and was upset to see that the new agreement eroded our workplace rights. I gave my union feedback on this. Whilst I remained a member, it left me a little jaded. I also found at the time if I ever had an issue such as a roster change that I did not like, I was able to negotiate a favourable outcome by myself, so did not need union support. I may have been privleged in this regard.
I have not been a union member since I began working as a HR professional, because in all roles since that time I have considered myself to be sufficiently trained in this line of work to be able to advocate for myself, with the means available to me to seek representation if needed. I have also felt a little odd about the idea of being a union member whilst working in HR - though this may have been naive when I was in the early stages of my career! If I were to change careers entirely, and be in a role where I was starting at a junior level, I may consider union membership again. There are certain unions that I would never join, as their activities do not align with my values.
So how do you actually answer my proposed questions? What should you be thinking about? Let's dive deeper.
Question 1. Do I work in an industry or organisation where I cannot trust that my rights will be upheld?
This is a really big question, one that you cannot answer easily, or with certainty. I definitely cannot come up with a list of jobs or industries that "can't be trusted". But what I can point to is some criteria that help you assess your own employer and industry:
Is this an "entry level" or "low skilled" role? Think retail, hospitality, general labour such as cleaning or waste handling. Such roles are sometimes an indicator that an organisation, or the industry in general, does not value the workforce as highly as it should. The pay is likely to be minimum, and sometimes the minimum pay under the law is not respected, or overtime entitlements may not be applied correctly.
Is the company very small? Such as a family-owned, sole operator or a very new business? Such environments can sometimes be run by people who lack knowledge of workplace rights, resulting in you missing out. Or it may be more sinister. They may know your rights but at best take an approach of guilting you to "help out" by forgoing your entitlements, or at worst decide to undercut your entitlements without telling you, to take a profit.
Does the news or other word of mouth tell you to watch out? This is where it gets a little sensitive, and I don't want to mar your opinion based on my own, but as examples you will often hear about construction companies, childcare providers, hairdressers, and trades companies who have been found to have been exploiting their workers. Do a little research and see what is being said about companies in your industry.
Is there a strong union movement in your industry? This isn't necessarily an indicator by itself. Unions are strong in public service industries such as public health and schooling, where wilful underpayments are very rare. In those industries they are often more focused on safety (which is equally important!). But regardless, a big union presence may be an indicator that it will be common to need the union on your side.
If you consider all of these factors and think your industry or company may not have your best interests at heart, then union membership is probably a good idea.
Question 2. Am I vulnerable to discrimination (for example by having a disability, being young and new to the workforce, being in very low-paid work, being a migrant worker, being a female in a male-dominated industry, etc)?
Unlawful discrimination is a big subject, for another post (or probably series of posts to be honest). But in short, workplace discrimination is when an adverse (negative) action happens towards you, due to your status in the following areas:
race
colour
sex
sexual orientation
age
physical or mental disability
marital status
family or carer’s responsibilities
pregnancy
religion
political opinion
national extraction or social origin
Adverse action can include:
dismissing an employee
injuring an employee in their employment
altering an employee’s position to their detriment
discriminating between one employee and other employees
refusing to employ a prospective employee
discriminating against a prospective employee on the terms and conditions in the offer of employment.
If you feel that your status in any of the above categories makes you potentially vulnerable to an adverse action, having a union membership is a good approach to preparing for the worst. As does continually assessing whether your industry or employer seem like the type to behave in such a way. Remember though, you never really know.
Quesion 3. Do my relevant union's actions and goals align with my values?
This one is a personal one, but very important to me as I have seen the worst in unions. It may take time for you to know what to look for, or what matters to you, so I will just list what matters to me:
Does the union engage in activism that creates an "us vs them" mentality between union and non-union members? For example, old school language to describe a person as a "scab" for declining to strike really turns my stomach. It’s not ok. People need to pay their bills and feed themselves and their children and should not be disrespected for being unable to take part in strikes or other union activity. Union membership is a choice under law. Mistreating non-union members is unlawful and mistreating anyone for their choice not to strike is harmful.
Does the union actually care about my safety at work? Are they meaningfully trying to seek improvement in this area? Good workplace pay in Australia is well enshrined in most industries so whilst advocating for annual increases and better pay for certain roles is important, these days I would personally want my union to focus more on safety than pay.
What about inclusion? This is really important to me, but many unions don't put workplace inclusion for the LGBTQI+ community, people with disabilities, Aboriginal workers, women, and older employees at the front of their agendas. In our current climate, this change is often left to the organisations themselves, and they often fail.
If I work under an Enterprise Agreement, how does the union seek input when it is renewed? Do my conditions improve or worsen with union involvement in the discussion?
Does the union spend more time backing the "bad" employees, enabling toxic individuals to keep their jobs and make my environment unpleasant and unsafe, than supporting the workforce as a whole? Do they support "long-term members" to keep their jobs after truly horrible behaviour? For example, if I knew a coworker engaged in misconduct that put my safety at risk, and then the employee saw no consequences and bragged about the union "getting them out of it", I would be pretty upset about that.
These are big, personal questions. And it may take years of union membership for you to know the answers. But I encourage you to keep them in mind. The union should work for all members, all the time, for their best overall interests. They should do so respectfully and with compassion. Many union environments maintain the anger that was required to get us where we are today, however, I believe the modern workforce calls for kindness and empathy. Maybe you are still angry and have every reason to be. I am aware of my bias and privilege. I just encourage you to ensure that your union is aligned with you and your needs, whatever they may be.
Tip: if you really want to get shrewd, and deep, take a look at the political activity and affiliations of your union. It will be a bit of a rabbit hole, but important if you have strong political beliefs.
Question 4. Do I have means or access to better legal and advocacy advice than my union can provide if needed?
This is not necessarily a later-stage career question that you can only ask yourself when you are "able to afford a lawyer" if needed. Some industries do not really have a union so you may need to need backup options available anyway. Additionally, you may have asked yourself the other questions and be keen on a different option other than your union. You should consider:
The Fair Work Ombudsman, and local state equivalents, can provide good general advice for queries about entitlements such as pay, leave, consultation etc. However they cannot provide you with an advocate or legal representative.
Your local university may have some free legal services.
You may have a family member, friend, or other acquaintance, who would be happy to advise you and may be willing to advocate for you. They may be a lawyer, someone who works in HR or senior management, or just someone who knows your industry or situation well.
Maybe you feel you can represent yourself, but tread carefully here.
Note: Legal Aid, depending on the jurisdiction, may not offer support for employment law matters, except possibly for discrimination cases. Reach out and find out!
Hot tip 1: We will discuss this more in future posts on responding to misconduct and poor performance, but if you need an advocate or support person to attend a meeting with you, be mindful of who it is and the matter to be discussed. I've heard more than one story of a young person bringing their mum to a misconduct meeting, and mum's wrath is worse than the employer's! Think about how the person may react to the allegations in question. They need to quietly and calmly support you.
Hot tip 2: If engaging a lawyer, ensure they are an employment lawyer, or at least not a lawyer in a discrete industry that has nothing to do with employment. No employer is going to take things very seriously if you send them a legal letter written by “XYZ Conveyancing Firm”.
In conclusion, given my role as an HR person for the last decade, it may surprise you that I have given you so many reasons to join a union. But as I said, joining the union is often the right thing to do, and many unions are modern, supportive, engage in meaningful and respectful activism, and will be in your corner when you need them most.
It is simply important to continually engage with your union, understand them, and assess whether remaining a member is right for you. Don't just accept, or dismiss, the pamphlet-wielding person at your orientation or employment event. Do your research, get your money's worth, and protect yourself.
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