Can I be fired for joining a union?

In Plain English

No, generally, you can't be fired for joining a union in Australia. The Fair Work (Registered Organisations) Act 2009 protects employees and independent contractors from being discriminated against or having their employment terminated because they are involved in forming, supporting, or joining an employee association (like a union). Employers are prohibited from taking adverse actions against you for these reasons.

Detailed Explanation

The Fair Work (Registered Organisations) Act 2009 includes provisions that protect employees and independent contractors who are involved in the formation or registration of employee associations. Specifically, section 21 outlines prohibited conduct by employers:

  • Section 21(1) states that an employer must not dismiss, injure, alter the position of, or discriminate against an employee for a prohibited reason, or for reasons that include a prohibited reason.
  • Section 21(2) extends similar protections to independent contractors, preventing the termination of contracts, injury related to contract terms, alteration of position, or discrimination.
  • Section 21(3) defines a "prohibited reason" as conduct carried out because the employee or independent contractor has done, or has omitted to do, any act under this Act that relates to the formation or registration of an association or in connection with, or in preparation for, such an act or omission.
  • Section 21(4) provides examples of such acts or omissions, including:
    • Making an application for registration of an employee association.
    • Supporting the registration of an employee association.
    • Participating in proceedings before the FWC in relation to such an application.
    • Becoming a member of an employee association.

Furthermore, section 22 addresses prohibited conduct by organisations:

  • Section 22(2) prohibits an organisation, or its officers or members, from taking action to prejudice a person's employment or an independent contractor's engagement for a prohibited reason.
  • Section 22(3) defines the prohibited reason in the same way as section 21(3).

Therefore, firing an employee for joining a union would be a contravention of section 21 of the Fair Work (Registered Organisations) Act 2009, as it constitutes adverse action taken for a prohibited reason.