The Facts on Unregistered Unions

Australia has a proud history of democratic and registered trade unions.

Registered unions have been at the forefront of building worker power, campaigning for and winning societal changes and shaped the powerful union movement we see in Australia today.

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.

What is a Registered Union?

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.

Unregistered Unions and Incorporated Associations

There are a few organisations in Australia that like to equate themselves to registered unions, but are in fact, corporations.

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.

Some examples of employee incorporations and unregistered “unions” to be aware of include:

The Retail and Fast Food Workers Union Incorporated (RAFFWU),
Professional Nurses Association,
Municipal and Utilities Workers Unions,
Teachers Professional Association of Australia,

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.

Be aware of these important distinctions

Key Differences between Registered Unions and Employee Incorporations

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.
Delegate Rights: Delegates of Registered Unions are protected under the Fair Work Act and have specific rights including discussing union matters with workers and representing workers. 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 Australian Trade Union Movement stands united and firmly against unregistered unions.

“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 facts about RAFFWU Incorporated

We know that some times workers have accidentally joined the Retail and Fast Food Workers Union Incorporated, thinking they were joining the registered union for retail and fast food workers.

If that was you, you can resign your RAFFWU membership in writing at this email: [email protected]

The RAFFWU Incorporated in an incorporated association in Victoria and has a very small membership.

While the SDA focuses on advancing your rights and ensuring you get a fair go, RAFFWU Incorporated undermines the collective power of workers in their registered union, the SDA.

It also does not have the same powers as the SDA when it comes to representing workers and ensuring you get a fair go.

In numerous decisions by the Fair Work Commission, the FWC has made the following statements about the RAFFWU incorporated:

What the FWC says about RAFFWU

The provisions of the Fair Work (Registered Organisations Act) 2009 impose significant obligations upon all registered organisations... Failure to comply with these obligations can have serious consequences, including significant pecuniary penalties. RAFFWUI is not subject to any such obligations, and its attempt to equate itself with a registered organization by the use of the term “union” in its name is misleading.
In 2019, in regard to the Laundry Allowance at Woolworths Supermarkets: "RFFWUI’s position in relation to this provision is, we consider, as opportunistic as it is misconceived..."
"The RFFWUI, against the interests of the employees whom it purports to represent, seeks that clause 5.2 be given a narrow construction so that it is read as not applying to preferred dress in order to endeavour to establish that there was a misrepresentation on the part of Woolworths. Such a construction would, for employees wearing preferred dress, deprive them of the benefit of the allowance... We see no reason to grant permission to appeal to allow the RFFWUI to argue that employees should not receive a monetary benefit which Woolworths is willing to pay, merely to aid the RFFWUI’s bid to overturn the whole agreement."
“RAFFWUI is clearly not an employee organization as defined by the Act, and its attempt to equate it’s position to that of the SDA... is baseless and contrary to the entire scheme of the Act and the Fair Work (Registered Organisations Act) 2009.”

Want to know more?

You can read the SDA Principles and Values Statement here and our Diversity and Inclusion Policy here

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Know the Facts: Registered and Unregistered Unions