Just my observation, but unions seem to only be useful where a problem affects a significant number of members (ie they can’t ignore it) and where said members can effectively drive change through industrial action (ie they actually have their own power anyway) - unions really only provide the illusion of leadership - a bit like politicians really …
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Ah, like the ACCC.
That seems to be true in recent decades.
That is a low blow even considering the topic at hand.
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I did, but FWA for any such issues so be the first port of call. The State Government industrial relations departments would more likely be able to take on such complaints on behalf of individual(s).
It is important to advise FWA as they can build a profile of a particular business with known poor behaviours…and could take action should its role or legislation change. I understand they also liaise with the states.
The other option, which is not cost effective for small claims, is to approach a lawyer and request a letter of demand (some lawyers may offer the first consultation feee, but may charge for letter preparation and sending). This letter can state that the employee is a creditor and if owned monies are not returned, formal action to recover owed monies will be undertaken as well as potentially commencing credit default processes as well. The later can make it difficult for the company to borrow money or also to have credit with other business (e.g. extended payment periods).
This website has some information about the legal avenues available…but in most cases won’t be economic if the amount is smaller than the cost to take action.
Another course of action is go to the ‘current affairs’ type media programs and see if they are interested. It is important to advise a recalcitrant employer this is the course of action will be taken if payment is not forthcoming. If the media is interested, it can cripple a business very quickly (impose financial pain on the employer through loss of trust and credibility with the community/customers.
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All that is great advice for anyone being ripped off and having to go through process but the reality goes back to Fair Work and the ombudsman do not seem to have the powers to enforce, situation dependent, and the ‘victim’ is thus left to fight and pay for legal action even though their case has been made.
As with the ACL, the good companies that comply are good companies, but there are companies that ignore the ACL that are rarely if ever prosecuted that know how to play or ignore the system. Same issue in play here…
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Unions do take on individual cases and they do use union funds to run those cases through the IR Courts or through normal Civil Courts. While it is probably rare it does occur. They can appear with employees who are being subjected to internal workplace disciplinary processes and provide support and advice when doing so.
They can inspect workplaces to ensure safe working environments and correct rates of pay but the Govt has always tried to curtail this and now we see the increasing trend of unpaid and underpaid workers partly because of the difficult process the Unions must now go through to get the needed access.
Most large businesses with Enterprise Bargaining Agreements (EBAs) prefer to deal with Unions or other employee associations rather than individuals.
Unions argue for wage increases in the FWA wage determination process. Most employers and currently the LNP Govt do not want wage increases and without the Union input I think many would see either no increase or very little increase in the basic wage. If any think these wage increases are determined by a benevolent and caring FWA or employer I think they are being sadly badly mislead, while Unions do not generally achieve the increases they would like to see it is often a much better outcome than if Unions were not involved.
Being a member entitles the Union member to use the Union Shopper Service (https://www.unionshopper.com.au/) which can achieve significant savings on purchases.
These are some of the benefits that accrue from membership, and while there are drawbacks for some for the majority of members it helps provide benefits not otherwise achievable as individuals.
Most of the workplace safety, health, & employment benefits (such as long service leave, disciplinary processes, fair dismissal rights, sick leave, retrenchment payments, paternity/maternity leave, Superannuation, holiday pay and many others) most enjoy did not come about except through Unions fighting for these rights for workers & the fight continues to maintain & improve these as much as possible.
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