Handbook

Trade unions are a fundamental part of Australia’s economic and social landscape. Recent inquiries revealing corrupt leadership and maladministration in some trade unions has led to a re-examination of the effectiveness of the regulatory framework. This course analyses how trade unions are established and how the law impacts on the contest for power between trade unionism, including at state and federal levels. It will also analyse how they tend to be controlled by entrenched groupings, with a particular emphasis on member’s rights, including legal mechanisms for members to hold union leaders to account and to seek elected office.

Main Topics

• Rationale for statutory intervention into internal union affairs
• The concept of trade union democracy
• Applications for membership – 'conveniently belong'
• Eligibility for membership/to hold office
• Fiduciary obligations of officers
• Accounting and transparency
• Requirements of rules-institutionalising democratic control
• Enforcing the rule – orders to perform and observe – relevance of natural justice
• Common law remedies for non-compliance
• Rectifying invalidities in administration
• The electoral process and election inquiries
• Demarcation disputes