Inducements – membership action

1. An employer must not induce an employee to take, or propose to take, membership action.
2. A person who has entered into a contract for services with an independent contractor must not induce the independent contractor to take, or propose to take, membership action.
3. A person takes membership action if the person becomes, does not become, remains or ceases to be, an officer or member of an industrial association.

An employer (or principal) must not persuade an employee (or independent contractor) to take membership action.

Example

An employer must not persuade an employee to resign from the union.

There are no exceptions.

‘Promotion’ of union membership by an employer in accordance with a provision of an enterprise agreement does not necessarily involve inducement to take membership action in contravention of s.350.[1]