Freedom of Association and Union Membership

Abstract

The federal Coalition's Workplace Relations Act 1996 contains among its principal objects, the protection of ‘freedom of association’ removing ‘union monopoly over the bargaining process’, and, consequently, closed shops and the granting of preference to union members. The Coalition targeted the central role given to unions under previous federal legislation on the grounds that the focus on individuals was more democratic than the interests of the collective group.

A survey of Transport Workers Union members carried out in December 1996 established significant and positive benefits of closed shops for members. The study revealed that union members are indeed better represented where closed shops are present and these members are also more willing to work for the union and feel more responsibility to the union, than non-closed shop members. Both closed shop and non-closed shop members maintain positive beliefs in trade unions and were loyal to their union. The study demonstrated that union members in closed shop workplaces have better access to democratic processes than non-closed shop workplaces, thus countering the central tenet of the Coalition's changes to the intent of the ILO convention relating to Freedom of Association.