In strict terms, the Australian Industrial Relations Commission, found for union in the dispute over employment contracts made by CRA at its Weipa mine in North Queensland. But it was a pyrrhic victory.
The commission ruled that CRA must pay equal pay for equal work. That means it must pay members of the union the same pay as non-members for equal work. Two things flow from that. One is that workers are entitled to be members of a union, to be represented by a union and not to be discriminated against because they are a member of a union. The second is that workers need not be members of a union, need not have union representatives negotiate on their behalf, and can negotiate contracts with their employer as individuals.
This is the very position that most mainstream employers have been seeking for decades. It is an end to the closed shop. It is voluntary unionism and yet preserves a fundamental right of workers in liberal democracies to join unions if they want and to have a union represent them in negotiations.
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