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Unions in Australia are registered under the Fair Work (Registered Organisations) Act, 2009.
The SDA has been a registered trade union in Australia since 1908 – and in some Australian states since 1890. The SDA is the only registered union for retail and fast food workers.
Registered unions – like the SDA – must comply with legal and government requirements set out by the Fair Work Act.
These requirements help ensure that unions are transparent, democratic and accountable to our members.
The Australian Trade Union Movement has always stood united behind the principle of registered trade unions as the representatives of working people so that we don’t see workers divided by competitive unionism.
These groups are not recognised as unions by the Fair Work (Registered Organisations) Act.
When it comes to their work and governance, these groups are private businesses and are not subjected to the same legal standards as registered unions.
While they may seem similar to a registered union, they are instead all about dividing workers out of their registered unions.
When multiple unions or employee incorporations operate in the same industry, it undermines the collective principle that unions exist for.
These employee incorporations are not the same as registered unions like the SDA. Organisations like these undermine the principles of unionism and ultimately, harm workers’ ability to create change in their workplaces.
Right of Entry: Officials of Registered Unions have the right to enter workplaces and discuss matters with workers. Employee Incorporations cannot.
Enterprise Bargaining: Registered Unions can be covered by Enterprise Agreements. Employee Incorporations cannot.
Shop Steward and Delegate Rights: Shop Stewards and Delegates of Registered Unions are protected under the Fair Work Act and have specific rights including discussing union matters with workers and representing workers. Shop Stewards and Delegates of Employee Incorporations do not have the same rights.
Legal Representation: Registered Unions have an automatic right to represent workers in workplace disputes including at industrial tribunals and courts. Registered unions have far greater power to pursue matters for members than Employee Incorporations.
Governance and Funding: Registered Unions must comply with the Fair Work Act and disclose their finances. Employee Incorporations do not have to comply with this or have the same rules about funding and disclosures.
“The operation of unregistered representatives and associations undermines trade unions and our movements principles.”
– SA Unions
“Congress notes with concern the recent rise in entities which purport to be represenative of workers, but are not democratic, accountable or transparent.”
– Australian Council of Trade Unions Congress
The RAFFWU Incorporated is an incorporated association in Victoria and has a very small membership.
It also does not have the same powers as the SDA when it comes to representing workers and ensuring you get a fair go.
What the FWC says about RAFFWU
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