MYUNION: A Different Kind of Worker Representation
- Brian AJ Newman, LLB
- 2 minutes ago
- 6 min read
When most Australian workers hear the word “union”, they understandably think of the traditional trade union model: collective bargaining, enterprise agreements, workplace delegates, industrial campaigns and representation of large occupational groups.
MYUNION is deliberately different.
Our focus is on professional employment and human rights advocacy for individual workers. We assist people when workplace problems become serious, personal and potentially career-changing — including disciplinary allegations, dismissal, workplace bullying, discrimination, sexual harassment, adverse action and other employment and human rights disputes.
Our broader advocacy model has consistently been described as professional workplace and human rights advocacy rather than the provision of legal practice services.
We are not trying to replicate the traditional trade union model. We provide another form of worker representation: professional advocacy focused on the individual, their rights, their employment and the particular dispute they are facing.
What Makes MYUNION Different?
Traditional unions perform an important role in the Australian industrial relations system. Their work commonly includes collective bargaining, enterprise agreement negotiations, workplace organising, industrial campaigning and representing groups of employees with shared employment interests.
MYUNION approaches worker representation from a different direction.
We concentrate on what happens when you, as an individual worker, have a problem.
That may be when:
your employer alleges misconduct;
you are directed to attend a disciplinary or show-cause meeting;
you believe you are being bullied or targeted;
you are experiencing discrimination;
you have made a complaint and believe you are now being victimised;
you have raised a workplace right and subsequently experience adverse treatment;
you have been dismissed;
you are facing allegations that may damage your employment or professional reputation;
you have experienced sexual harassment;
you need assistance navigating an employment or human rights complaint.
Rather than simply telling a member what their rights may be, MYUNION's objective is to advocate with them and, where appropriate, represent them through the dispute process.
That distinction matters.
Professional Employment Advocacy
Employment disputes can escalate quickly.
A worker may receive an allegation letter on Friday afternoon and be required to respond by Monday. A disciplinary meeting may be described as merely an opportunity to “provide feedback”, even though dismissal is already being contemplated. A performance process may develop after an employee makes a complaint. An injured employee may suddenly find their employment under scrutiny.
These are situations in which generic information is often not enough.
MYUNION's model is based upon professional employment advocacy.
We can assist workers to understand:
what allegations are actually being made;
what evidence appears to support those allegations;
whether the worker has been given a proper opportunity to respond;
whether relevant contextual or mitigating circumstances have been ignored;
whether workplace policies and procedures have been followed;
whether the proposed disciplinary response appears proportionate;
whether workplace rights have been exercised;
whether subsequent treatment may amount to adverse action or victimisation; and
what practical options may be available to protect the worker's employment position.
The emphasis is not merely on knowing workplace rights.
It is on using those rights effectively when they matter.
Professional Human Rights Advocacy
Employment disputes do not always remain purely industrial matters.
Conduct occurring in a workplace can also raise significant human rights issues.
Workers may experience discrimination because of attributes such as disability, race, sex, pregnancy, family responsibilities, age or other protected characteristics.
Other workers may experience:
sexual harassment;
racial discrimination;
disability discrimination;
victimisation following a complaint;
workplace bullying;
harassment or humiliation;
retaliation after raising concerns; or
discriminatory treatment affecting employment opportunities.
These matters can involve completely different considerations from an ordinary disagreement about wages or workplace conditions.
That is one of the central differences in the MYUNION model.
We approach workplace disputes through both an employment advocacy and human rights advocacy lens.
Our professional background is expressly centred on employment and human rights advocacy.
Individual Representation When the Stakes Are High
One of the greatest weaknesses facing an individual worker in a serious workplace dispute is the imbalance of resources.
An employer may have:
human resources professionals;
workplace relations advisers;
investigators;
senior management;
external consultants; and
lawyers.
The employee may have nothing more than an allegation letter and a deadline.
That imbalance can become particularly significant during disciplinary proceedings.
Workers sometimes underestimate the importance of the first response they give to an allegation. Yet that response may later become central to an investigation, disciplinary process, dismissal dispute or external complaint.
MYUNION therefore places considerable importance on early advocacy.
Where possible, workers should obtain assistance before responding to serious allegations rather than waiting until after a decision has already been made.
More Than a Support Person
There is an important difference between having someone sitting beside you during a meeting and having someone actively advocating for your position.
A support person can undoubtedly be valuable.
Professional advocacy, however, goes further.
Depending upon the circumstances of the matter, advocacy may include:
reviewing allegations;
analysing correspondence;
identifying inconsistencies;
preparing written responses;
developing a chronology;
identifying relevant workplace rights;
preparing the worker for disciplinary meetings;
challenging unsupported allegations;
raising procedural fairness concerns;
communicating with the employer;
assisting with settlement discussions; and
representing the worker in an appropriate employment or human rights process.
The objective is simple:
the worker should not have to navigate a serious employment dispute alone.
We Focus on the Worker, Not Workplace Politics
Traditional unionism necessarily involves collective interests.
Decisions may involve entire classifications of workers, bargaining units, workplace campaigns or broader industrial strategy.
MYUNION's professional advocacy model is intentionally more individualised.
When we assist a worker, the central questions are:
What has happened to this person?
What rights are involved?
What evidence exists?
What outcome are they seeking?
What is the best advocacy strategy for their particular circumstances?
That individual focus can be particularly important where the dispute is highly personal — for example, bullying, sexual harassment, discrimination, disciplinary allegations or dismissal.
Independent Thinking and Strategic Advocacy
Workplace disputes are rarely resolved simply by quoting legislation at an employer.
Effective advocacy requires strategy.
Sometimes the appropriate response is firm and immediate.
Sometimes detailed written submissions are necessary.
Sometimes the priority is preserving employment.
Sometimes the employment relationship has irretrievably broken down and attention must turn to resolution.
Sometimes the objective is compensation.
Sometimes the most important outcome is clearing a worker's professional reputation.
There is no responsible one-size-fits-all approach.
MYUNION therefore focuses on understanding the facts, evidence, employment context and desired outcome before determining how the matter should be approached.
We Are Advocates — Not a Law Firm
This distinction is important.
MYUNION's model is based upon professional employment and human rights advocacy.
We do not seek to portray professional advocacy as something it is not.
Our associated advocacy practice has expressly described its work as professional workplace and human rights advocacy and not as a legal practice.
Professional advocates can bring substantial practical experience to workplace disputes, including understanding disciplinary procedures, industrial relations processes, commission proceedings, negotiation and dispute resolution.
The purpose is not simply to provide information, the real purpose is representation.
When Should You Contact MYUNION?
Workers often contact an advocate too late.
They wait until they have already answered the allegations.
They wait until the investigation has concluded.
They wait until the disciplinary meeting.
Sometimes they wait until after dismissal.
Where possible, obtaining assistance earlier provides greater opportunity to influence the outcome.
Consider contacting MYUNION when you:
receive a show-cause or disciplinary letter;
are called to a meeting concerning alleged misconduct;
believe your employer is attempting to manage you out;
are placed on a performance management process;
believe you are experiencing workplace bullying;
experience discrimination or sexual harassment;
believe you are being victimised after making a complaint;
raise a workplace right and subsequently experience adverse treatment;
are suspended from employment;
are threatened with dismissal; or
have already been dismissed and need to understand your options.
Early intervention can make a substantial practical difference.
A Different Model of Worker Representation
MYUNION believes workers should have access to professional representation when their employment, reputation, livelihood or human rights are at risk.
We are not attempting to replace the traditional role performed by Australian trade unions.
We are offering something different.
Traditional trade unions principally developed around collective industrial representation.
MYUNION is built around professional individual employment and human rights advocacy.
That means focusing on the worker in front of us — their allegations, their evidence, their employment, their rights and their desired outcome.
For workers facing serious workplace disputes, that distinction can be critical.
Your employment. Your rights. Your advocate.
If you are facing a workplace dispute, disciplinary process, dismissal, discrimination, harassment or another employment or human rights concern, contact MYUNION.
Email: gethelp@myunion.auPhone: 1300MYUNIONWebsite: www.myunion.au
MYUNION — Professional Employment & Human Rights Advocates.