Freedom of association

All parties have the right to freedom of association. Contractors must adopt policies that are consistent with applicable industrial law to ensure that the rights are respected of all those working on projects covered by the Victorian Code and Victorian Guidelines to choose whether or not to join a union or an employer association.

Examples of practices that contravene freedom of association principles and are thereby inconsistent with the Victorian Code and Victorian Guidelines, subject to Practice Direction 2013/1 (140 KB PDF) | (160 KB DOCX), include:

• providing the names of new staff, job applicants, contractors or subcontractors to unions other than as required by law;
• no ticket, no start signs, show card days or any other similar practices that imply that union membership is anything other than a matter for individual choice;
• employers unlawfully encouraging or discouraging employees to join a union;
• using employee representatives, site delegates or other union representatives rather than site management to undertake or administer site induction processes;
• discriminating against or disadvantaging elected employee representatives;
• using forms requiring the employee to identify their union status, or requiring employers and contractors to identify the union status of employees or subcontractors;
• refusing to employ, or terminating an employee, because of their union status;
• employers refusing a reasonable request from a workplace delegate to represent employees in relation to grievances and disputes or discussions with members;
• the imposition, or attempted imposition, of a requirement for any contractor, subcontractor or employer to employ a non-working shop steward or job delegate or to hire an individual nominated by a union;
• a requirement for an employer to apply union or any other logos, mottos or other indicia to company supplied property or equipment, including clothing; and
• a requirement that a person pay a bargaining fee, however described, to an industrial association of which he/she is not a member, in respect of services provided by it.