Scope / Rationale
The Transport Workers’ Union of NSW and Transport Workers’ Union of Australia, NSW Branch (TWU) prioritises the advancement and representation of members in the Transport industry. Our policies and procedures ensure that the TWU operates as a high quality industrial organisation. This policy outlines information that members and non-members may require in understanding Member Representation.
Benefits of Membership
TWU membership provides many benefits to financial paying members that is funded by union fees paid by members. Collectively, these resources allow the TWU to engage in and conduct campaigns to improve wages, conditions and safety for all financial members of the TWU.
The TWU also uses our collective resources to provide or secure assistance and representation for members individually in a variety of circumstances including, but not limited to:
- Termination of employment;
- Disciplinary matters and proceedings;
- Workers’ compensation;
- Award/Agreement entitlements;
- Contract of employment matters; and
- Work Health and Safety matters.
The extent, duration and type of representation is to be determined solely at the discretion of the State Secretary and is subject to the resources available to the TWU and any possible risks the matter may have in relation to the TWU and its members.
Prior to providing any legal representation, members must sign and accept the TWU’s Terms and Conditions of Legal Representation, which will be provided at the time any representation is sought by a member.
The TWU reserves the right to withdraw its representation of any member at any time at the sole discretion of the State Secretary and in accordance with its rules.
Unfinancial Members
Under TWU registered rules, a member who fails to pay all their TWU member fees when due, and payable under the TWU rules, becomes an unfinancial member.
Unfinancial members are not entitled to advice, support or representation from the TWU, unless otherwise determined by the State Secretary.
Pre-existing Issues
The resources of the TWU are limited to paying financial members, and, as a general principle, the TWU cannot divert resources away from existing members to take up pre-existing problems, issues or disputes that a worker may have had before joining the TWU. Resolving individual matters such as unfair dismissals exhausts many resources and the TWU would be financially unviable if workers only joined when they had problems to be resolved.
Therefore, the TWU will not provide representation for industrial matters that arose prior to a member becoming a financial member of the TWU, unless otherwise determined by the State Secretary.
New Members
New members of the TWU will receive support from the TWU at the discretion of the State Secretary or Assistant State Secretary, or their nominee, and will depend on the nature of the issue the new member has. The Pre-existing Issues Policy applies to new members.
PLEASE NOTE: THE TWU IS UNABLE TO PROVIDE ADVICE, REPRESENTATION OR ASSISTANCE TO NON-MEMBERS, UNLESS OTHERWISE DETERMINED BY THE STATE SECRETARY.
Member Behaviour
The TWU clearly recognises the vital importance of providing all employees and members with a safe and healthy environment in which to work together to resolve workplace issues, improve conditions in the workplace, and improve conditions in the transport industry.
The TWU reserves the right to limit or withdraw support for members whose behaviour is inappropriate and unacceptable, making it difficult or untenable for a TWU Official to handle their issue/s. These behaviours can include, but are not limited to:
- Ignoring, or acting contrary to the advice provided by the TWU;
- Arranging alternative representation or acting on external advice;
- Concealing or withholding relevant information from the TWU;
- Providing false information to the TWU;
- Failing to provide information within required time frames;
- Making public comments about their matter without the authorisation of the TWU;
- Making defamatory statements about the TWU in any public forum including all forms of social media;
- Making racist, sexist or discriminatory comments;
- Threatening or intimidating TWU employees; and
- Harassing or vilifying TWU employees or otherwise acting vexatiously.
Inappropriate behaviour will not be tolerated. This includes using foul language and any type of behaviour that compromises the safe work environment that we strive to create for all of our employees and members of the TWU.
Members engaging with the TWU are expected to demonstrate ethical behaviour and standards. This means demonstrating respect for other people, not using foul language towards or in the presence of others and being courteous to TWU employees.
Resignations
Members must apply in writing to the State Secretary as per the union rules in order to resign their membership. Members cannot resign their membership over the telephone. All resignations should be sent by email to info@twunsw.org.au with ‘Resignation’ as the subject title, or sent by mail to: Membership, TWU NSW, 22 John Hines Avenue, Minchinbury NSW 2770.