Terms & Conditions

MYUNION TERMS AND CONDITIONS

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1. Introduction

These Terms and Conditions (“Terms”) govern access to and use of the MYUNION website, membership platform, subscriptions, resources, advocacy services and associated services available through www.myunion.au (“Platform”).

 

By accessing or using the Platform, creating an account, applying for membership, purchasing or maintaining a subscription, or requesting or receiving services from MYUNION, you agree to these Terms.

 

These Terms should be read together with the particular membership plan selected, the MYUNION Privacy Policy and any separate Client Agreement entered into for individual advocacy or representation.

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2. Nature of MYUNION

MYUNION provides professional employment and human rights advocacy, member support, information, resources and related services.

 

Depending upon the applicable membership level or separate engagement, services may include:

• Workplace advocacy and support.

• Employment-related assistance.

• Human rights and discrimination complaint assistance.

• Workplace bullying and harassment support.

• Sexual harassment complaint assistance.

• Assistance with disciplinary and performance-management processes.

• Assistance with show cause and suspension processes.

• Assistance preparing correspondence, complaints and submissions.

• Advocacy or representation before employers, commissions, tribunals and other bodies where permitted.

• Educational information and resources.

• Member tools, templates and publications.

• Referral or access to appropriate third-party services.

MYUNION is not a law firm or legal practice and does not provide legal services or legal advice.

MYUNION provides professional advocacy, support, information and representation where permitted.

3. Membership Is Prospective — Not Retrospective

MYUNION membership is intended to provide assistance for eligible matters that arise after membership has commenced.

Membership is not intended to provide retrospective subscription coverage for an existing dispute, problem, incident, circumstance or reasonably foreseeable matter.

 

A person cannot experience or become aware of a workplace, employment, human rights or related problem, anticipate that such a problem is likely to arise, join MYUNION after that point, and then seek to have that matter treated as included within their membership subscription.

 

The relevant question is not simply when a formal complaint, dismissal, disciplinary notice, application or proceeding was commenced.

 

MYUNION may consider when the underlying circumstances first arose and when the member knew, ought reasonably to have known, or could reasonably have foreseen that those circumstances were likely to give rise to a request for advocacy or assistance.

 

4. Pre-Existing Matters

A “Pre-Existing Matter” includes any issue, event, conduct, dispute, circumstance or series of circumstances that, before the relevant membership commenced:

• Had already occurred.

• Had already commenced.

• Was continuing.

• Was known to the member.

• Ought reasonably to have been known to the member.

• Was reasonably foreseeable as being likely to result in a dispute, complaint, disciplinary process, dismissal, claim or request for advocacy assistance.

A matter may therefore be considered pre-existing even where no formal complaint, application or proceeding had yet commenced.

5. Reasonably Foreseeable Matters

Membership benefits do not apply where, before joining MYUNION, it was reasonably foreseeable that a particular circumstance was likely to result in a workplace, employment, human rights, discrimination, disciplinary or other dispute requiring assistance.

A matter may be reasonably foreseeable where, having regard to the circumstances known or reasonably available to the member at the time, a reasonable person in the same position would have appreciated that there was a real prospect of:

• A workplace dispute.

• Disciplinary action.

• An investigation.

• Performance management.

• Suspension.

• Dismissal.

• Redundancy.

• A grievance.

• A discrimination complaint.

• A bullying or harassment complaint.

• A workers’ compensation dispute.

• An employment entitlement dispute.

• Regulatory or tribunal proceedings.

• Another matter for which advocacy assistance may reasonably be sought.

The fact that the eventual consequence had not yet occurred does not necessarily make the matter a new matter.

For example, if before joining MYUNION a person knows they are under investigation, has been told disciplinary action is being considered, or knows their employment may be terminated, and then joins MYUNION before a formal show cause or termination letter is issued, the resulting disciplinary or dismissal matter may nevertheless be treated as a Pre-Existing Matter because it was reasonably foreseeable before membership commenced.

6. Examples of Pre-Existing or Reasonably Foreseeable Matters

Without limiting the above provisions, a matter will ordinarily be considered pre-existing where, before joining MYUNION, the member had:

• Received a warning.

• Received allegations of misconduct.

• Received a complaint concerning their conduct.

• Been notified of an investigation.

• Participated in an investigation.

• Received a show cause notice.

• Been suspended.

• Been placed on performance management.

• Been placed on a performance improvement plan.

• Been advised that their employment was at risk.

• Been advised that disciplinary action was being considered.

• Been dismissed or given notice of dismissal.

• Resigned because of an existing workplace dispute.

• Been advised of a redundancy or restructure affecting them.

• Experienced workplace bullying.

• Experienced workplace harassment.

• Experienced sexual harassment.

• Experienced discrimination.

• Experienced racial discrimination.

• Experienced disability discrimination.

• Raised an internal grievance.

• Become the subject of an internal grievance.

• Commenced negotiations or correspondence regarding an employment dispute.

• Become involved in a wages, classification, leave or entitlement dispute.

• Become aware of circumstances giving rise to a workers’ compensation issue.

• Received correspondence from an employer, insurer, commission, regulator or tribunal concerning the issue.

• Sought assistance from another advocate, lawyer, union, representative or organisation.

• Threatened or contemplated formal proceedings arising from existing circumstances.

• Otherwise become aware of facts indicating that a dispute or request for advocacy was reasonably foreseeable.

7. Later Developments Do Not Necessarily Create a New Matter

A Pre-Existing Matter does not become a new covered matter merely because something further happens after membership commences.

For example, a matter may remain pre-existing where, after joining:

• Further allegations are made.

• An investigation continues.

• Disciplinary action progresses.

• A show cause notice is issued.

• Suspension occurs.

• Employment is terminated.

• An internal complaint becomes an external complaint.

• A matter progresses to a commission or tribunal.

• Additional correspondence is received.

• Further harm or loss occurs.

• Proceedings of a different type arise from substantially the same circumstances.

Where the subsequent event arises out of, relates to, or is substantially connected with a Pre-Existing Matter or reasonably foreseeable circumstance, MYUNION may treat the subsequent event as part of that same matter.

8. Joining After a Problem Has Arisen Does Not Create Subscription Coverage

Payment of a membership or subscription fee does not convert a Pre-Existing Matter or reasonably foreseeable matter into an eligible subscription matter.

Membership is not insurance and does not operate retrospectively.

Membership should not be purchased on the assumption that MYUNION will provide subscription-funded advocacy for a matter that has already arisen or was reasonably foreseeable before membership commenced.

9. Separate Assistance for Pre-Existing Matters

A matter being excluded from membership benefits does not necessarily mean MYUNION cannot assist.

 

MYUNION may agree to accept a Pre-Existing Matter under a separate Client Agreement and fee arrangement.

 

Acceptance is at MYUNION’s discretion and may depend upon:

• Available capacity.

• Urgency.

• Statutory time limits.

• Complexity.

• The stage reached by the matter.

• Available evidence.

• Applicable jurisdiction.

• Permission requirements concerning representation.

• Potential conflicts.

• The member’s conduct.

• The member’s compliance with these Terms.

• Payment of applicable professional fees.

 

Membership does not require MYUNION to accept a Pre-Existing Matter as a separately paid engagement.

 

10. Duty of Full and Open Disclosure

MYUNION operates on the basis of trust, fidelity, candour and open communication between MYUNION and its members and clients.

 

A person seeking assistance must provide MYUNION with information that is, to the best of their knowledge:

• Truthful.

• Accurate.

• Complete.

• Candid.

• Not materially misleading.

 

Members must disclose facts that may adversely affect their position as well as facts that support their position.

 

A member must not deliberately conceal relevant information because they believe it may weaken their matter.

 

11. Fidelity, Candour and Open Honesty Obligations

Membership and advocacy services require an ongoing relationship of good faith between the member and MYUNION.

 

Members are expected to demonstrate fidelity, candour and open honesty in all dealings with MYUNION.

 

Members must:

• Provide truthful instructions.

• Disclose relevant facts.

• Provide relevant documents when requested.

• Not deliberately conceal adverse information.

• Not fabricate, alter or falsify evidence.

• Not ask MYUNION to advance something known to be false.

• Promptly advise MYUNION if previously supplied information was incorrect.

• Disclose important correspondence or developments.

• Act respectfully towards MYUNION personnel.

• Communicate honestly about dealings with employers, respondents, commissions, tribunals and other representatives.

• Not use MYUNION as part of a dishonest, abusive or improper strategy.

• Engage genuinely and constructively with reasonable requests made in connection with their matter.

 

These obligations continue for as long as the member requests or receives services from MYUNION.

 

12. Loss of Confidence, Trust or Fidelity

MYUNION may refuse, restrict, suspend or discontinue services where MYUNION reasonably considers that the necessary relationship of trust, fidelity, candour or confidence has been materially damaged.

 

This may include circumstances where a member:

• Knowingly provides false information.

• Materially misleads MYUNION.

• Repeatedly withholds important information.

• Deliberately conceals documents.

• Provides altered or fabricated material.

• Provides materially conflicting instructions without reasonable explanation.

• Acts contrary to an agreed strategy without informing MYUNION and then expects MYUNION to address the resulting consequences.

• Communicates directly with another party in a manner materially affecting the matter without informing MYUNION.

• Seeks to use MYUNION to advance allegations the member knows are false.

• Engages in threatening, abusive or discriminatory conduct toward MYUNION personnel.

• Misuses MYUNION services.

• Otherwise behaves in a manner making continuation of the advocacy relationship unreasonable.

13. Fair Use Principle

All MYUNION membership benefits are subject to a Fair Use Principle.

 

Membership is intended to provide reasonable access to advocacy, assistance, resources and support in accordance with the member’s applicable subscription.

Membership does not create an unlimited entitlement to professional time, correspondence, document review, advocacy, research or representation unless the particular membership plan expressly states otherwise.

 

MYUNION reserves the right to determine whether use of a membership service remains reasonable having regard to the nature, frequency, complexity and circumstances of the assistance requested.

 

14. Factors Relevant to Fair Use

When determining whether continued use of services is reasonable, MYUNION may consider:

• The membership level purchased.

• The amount of professional time already provided.

• The number of matters raised.

• The complexity of those matters.

• The frequency of requests.

• The volume of documents submitted.

• Whether substantially repetitive requests are being made.

• Whether the member is following reasonable instructions.

• Whether the assistance sought falls within the intended purpose of the membership.

• Whether requests are excessive or disproportionate to the subscription purchased.

• Whether the member is attempting to divide one dispute into multiple matters.

• Whether membership services are being used for another person.

• Whether there is unreasonable or abusive demand upon MYUNION personnel.

• The member’s fidelity, candour and open honesty.

• MYUNION’s available resources and capacity.

• Any other circumstances reasonably relevant to the provision of the service.

15. Excessive or Unreasonable Use

MYUNION may determine that use is inconsistent with the Fair Use Principle where, for example:

• Demands for assistance are excessive having regard to the subscription purchased.

• A member repeatedly submits substantially identical requests.

• A member repeatedly requires unnecessary reworking of material without reasonable cause.

• Unreasonable volumes of documents are provided without organisation or relevance.

• Services are being used on behalf of non-members.

• A member attempts to use one membership for multiple persons.

• Requests fall substantially outside the intended membership service.

• A member consumes disproportionate professional resources compared with the membership purchased.

• The member’s conduct substantially increases the work required.

• Continued provision of membership services would be unreasonable having regard to MYUNION’s resources and obligations to other members.

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16. MYUNION’s Right to Refuse, Limit, Suspend or Discontinue Services

Subject to applicable law and any separate Client Agreement, MYUNION reserves the right at any time to refuse, limit, suspend or discontinue a particular service, membership benefit or advocacy engagement where there are reasonable grounds to do so.

 

This may include where:

• The matter is Pre-Existing.

• The matter was reasonably foreseeable before membership commenced.

• The matter falls outside membership coverage.

• Use is inconsistent with the Fair Use Principle.

• Included advocacy hours or other benefits have been exhausted.

• MYUNION does not have reasonable capacity to undertake the work.

• A statutory deadline has already expired or cannot reasonably be met.

• Appropriate representation permission is unavailable.

• MYUNION considers another service provider more appropriate.

• The member has not complied with reasonable requests.

• Instructions are incomplete, inconsistent or materially unclear.

• The member has failed to provide material information.

• The member has breached their obligations of fidelity, candour or open honesty.

• There has been a material loss of trust or confidence.

• The member seeks conduct that MYUNION considers unlawful, misleading or improper.

• The member engages in abusive, threatening, discriminatory or unreasonable behaviour.

• There is a conflict or potential conflict.

• Fees payable under a separate agreement remain outstanding.

• Continuing the engagement would otherwise be unreasonable in the circumstances.

 

MYUNION may also impose reasonable conditions upon the continuation of services.

 

Nothing in this clause affects rights that cannot lawfully be excluded.

 

Where MYUNION has formally accepted responsibility for an active proceeding, reasonable steps will be taken where practicable to avoid unnecessarily prejudicing the member’s interests when services are discontinued.

 

17. When Membership Commences

Unless MYUNION expressly agrees otherwise in writing, paid membership commences only when:

1. The membership application has been submitted.

2. The applicable payment has been successfully processed.

3. The membership has been activated.

Events, circumstances or reasonably foreseeable matters arising before that time do not become covered merely because the membership application or payment occurred shortly afterwards.

 

18. Membership Levels and Included Benefits

MYUNION may offer different membership and subscription levels.

 

The inclusions, exclusions, limits, advocacy hours, services and fees applying to each plan are those published at the time the plan is purchased, subject to these Terms.

 

Different membership levels may provide materially different services.

Membership does not provide unlimited advocacy or representation unless expressly stated.

 

Where membership provides a particular number of advocacy or professional assistance hours:

• Document review may count towards those hours.

• Telephone conferences may count towards those hours.

• Research may count towards those hours.

• Preparation and drafting may count towards those hours.

• Correspondence may count towards those hours.

• Conferences and representation may count towards those hours.

• Administrative work directly connected with providing professional advocacy may be included where stated in the applicable plan.

 

Unused hours do not carry forward unless expressly stated.

 

Additional work may require a separate fee arrangement.

 

19. No Automatic Right to Representation

Membership provides eligibility to request the benefits associated with the relevant membership level.

 

It does not guarantee representation in every matter.

 

MYUNION retains reasonable discretion concerning whether it accepts individual advocacy or representation engagements.

 

Acceptance of one matter does not oblige MYUNION to accept another matter for the same member.

 

20. Urgent Matters and Statutory Time Limits

Employment and human rights matters may involve strict statutory or procedural deadlines.

 

Membership does not suspend, extend or preserve those deadlines.

Members are responsible for contacting MYUNION promptly.

 

MYUNION does not guarantee that assistance can be provided where:

• Insufficient time remains before a deadline.

• Documents or instructions are provided late.

• Important information has been withheld.

• The member has delayed seeking assistance.

• MYUNION has not expressly accepted responsibility for the relevant procedural step.

21. Separate Client Agreements

Where MYUNION accepts an individual matter for professional advocacy or representation, MYUNION may require a separate Client Agreement.

 

That agreement may specify:

• Scope of services.

• Professional fees.

• Payment arrangements.

• Member responsibilities.

• Communications.

• Limitations upon the engagement.

• Circumstances in which the engagement may be terminated.

 

The membership subscription and a separate Client Agreement are separate arrangements unless expressly stated otherwise.

 

22. No Guarantee of Outcome

MYUNION cannot guarantee any particular result.

 

MYUNION does not guarantee:

• Settlement.

• Compensation.

• Reinstatement.

• Withdrawal of disciplinary allegations.

• Withdrawal of dismissal.

• Acceptance of a complaint.

• Success in conciliation.

• Success at hearing.

• Success before a commission or tribunal.

• Any particular decision by an employer.

• Any other particular result.

Outcomes depend upon individual circumstances, evidence, legislation, applicable procedures, decisions of third parties and other matters outside MYUNION’s control.

23. Member Responsibilities

Members seeking assistance must:

• Provide complete and truthful information.

• Provide relevant documents.

• Respond reasonably promptly to requests for instructions.

• Notify MYUNION of significant developments.

• Advise MYUNION immediately of relevant correspondence.

• Identify applicable deadlines where known.

• Maintain respectful communications.

• Not knowingly provide false evidence.

• Not ask MYUNION to make false or misleading representations.

• Comply with reasonable administrative requirements.

• Comply with these Terms.

• Act consistently with their obligations of fidelity, candour and open honesty.

MYUNION is entitled to rely upon information supplied by the member unless circumstances reasonably indicate that further verification is necessary.
 

24. Account Registration and Security

Users may be required to register an account.

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Users must:

• Provide accurate and current account information.

• Maintain the confidentiality of login credentials.

• Not permit unauthorised account access.

• Promptly notify MYUNION of suspected unauthorised access.

 

Membership benefits are personal to the registered member and must not be transferred or shared unless MYUNION expressly permits otherwise.

 

25. Acceptable Use

Users must not:

• Use the Platform unlawfully.

• Impersonate another person.

• Submit knowingly false information.

• Harass, intimidate or abuse another person.

• Upload unlawful or defamatory content.

• Interfere with Platform security.

• Attempt unauthorised access.

• Introduce malicious software.

• Improperly copy or extract Platform content.

• Infringe intellectual property rights.

• Commercially redistribute membership resources without permission.

• Use the Platform or MYUNION resources in a manner inconsistent with these Terms.

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26. Subscription Fees

Where membership requires payment:

• Subscription fees will be charged at the published rate.

• GST will apply where applicable.

• Members selecting recurring membership authorise recurring payments.

• Members are responsible for maintaining valid payment details.

• Membership benefits may be suspended where required payments fail.

MYUNION may amend membership pricing upon reasonable notice and subject to applicable law.

 

27. Cancellation

Members may cancel recurring membership through the available cancellation process.

 

Unless otherwise required by law:

• Cancellation prevents future subscription charges.

• Membership may continue until the expiry of the period already paid for.

• Cancellation does not extinguish fees arising under a separate Client Agreement.

 

Cancellation of membership does not automatically terminate a separate advocacy engagement.

 

28. Refunds

Membership fees provide access to the applicable membership service and benefits.

Subject to rights arising under applicable law, a member is not automatically entitled to a refund merely because:

• They did not use their membership.

• They changed their mind.

• They no longer require assistance.

• MYUNION determines that their matter is Pre-Existing.

• MYUNION determines that their matter was reasonably foreseeable before joining.

• The member exceeds Fair Use limits.

• A particular matter requires a separate paid engagement.

• MYUNION reasonably refuses or discontinues a service under these Terms.

Nothing in these Terms excludes any statutory entitlement to a refund or other remedy that cannot lawfully be excluded.

 

29. General Information — Not Legal Advice

Content provided through the Platform, articles, newsletters, social media, videos, member resources, templates and general communications may contain information concerning employment, workplaces, discrimination, human rights or complaint processes.

Such information is general and educational in nature.

It does not constitute legal advice.

30. Intellectual Property

Unless otherwise stated, MYUNION owns or licenses material made available through the Platform, including:

• Written material.

• Graphics.

• Logos.

• Branding.

• Forms.

• Templates.

• Publications.

• Videos.

• Educational materials.

• Systems.

• Procedures.

• Frameworks.

Members may use membership resources for their personal employment or advocacy purposes where permitted.

Content must not be reproduced, commercially distributed, sold or exploited without MYUNION’s written permission except where permitted by law.

31. Third-Party Websites and Services

MYUNION may provide links or referrals to third-party providers.

 

Unless expressly stated otherwise:

• MYUNION does not control third-party providers.

• MYUNION does not guarantee third-party services.

• Third parties remain responsible for their own services.

• Agreements independently entered into with third parties are between the member and that third party.

32. Privacy and Confidential Information

Personal information will be handled in accordance with the MYUNION Privacy Policy and applicable privacy requirements.

 

Members should provide information reasonably relevant to their membership or advocacy matter.

 

Where MYUNION accepts a separate professional advocacy engagement, additional confidentiality provisions may appear in the applicable Client Agreement.

33. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.

Where statutory consumer guarantees apply, those guarantees continue to apply notwithstanding anything elsewhere in these Terms.

 

34. Limitation of Liability

To the maximum extent permitted by law, MYUNION is not responsible for loss arising from:

• Reliance upon general information rather than individual assistance.

• Inaccurate, incomplete or misleading information supplied by a member.

• Failure by a member to disclose relevant information.

• Failure by a member to disclose an applicable deadline.

• A member’s own delay.

• Actions taken contrary to MYUNION’s recommendations.

• Decisions made by employers, respondents, regulators, commissions, tribunals or other third parties.

• Platform interruptions outside MYUNION’s reasonable control.

• Third-party services not controlled by MYUNION.

 

Nothing in this clause excludes liability that cannot lawfully be excluded.

 

35. Indemnity

To the extent permitted by law, a user is responsible for loss reasonably incurred by MYUNION resulting from the user’s:

• Unlawful Platform use.

• Deliberate misuse of MYUNION intellectual property.

• Material breach of these Terms.

• Knowingly false or misleading information.

• Fraudulent conduct.

• Infringement of another person’s rights.

This clause does not require a member to indemnify MYUNION for loss resulting from MYUNION’s own unlawful conduct or for liability that cannot lawfully be transferred.

36. Suspension or Termination of Membership

MYUNION may suspend or terminate membership or access to Platform services where reasonable grounds exist, including:

• Material breach of these Terms.

• Fraudulent conduct.

• Intentionally misleading conduct.

• Abuse of MYUNION personnel.

• Unlawful Platform use.

• Repeated payment failure.

• Serious misuse of membership.

• Conduct inconsistent with Fair Use.

• Failure to comply with fidelity, candour and open honesty requirements.

• A material breakdown in the relationship of trust required for MYUNION to provide effective advocacy services.

 

Termination of membership does not automatically terminate a separate Client Agreement unless that agreement is also terminated in accordance with its terms.

 

37. Changes to Membership Services

MYUNION may make reasonable changes to Platform functionality, membership benefits, administrative arrangements, membership categories and service-delivery procedures.

 

Where a material change affects an existing paid subscription, reasonable notice will be provided where required.

 

A later amendment will not retrospectively convert a genuinely covered matter into a Pre-Existing Matter.

 

38. Changes to These Terms

MYUNION may amend these Terms from time to time.

The current Terms will be published through the Platform together with their effective date.

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Continued membership after an amendment takes effect constitutes acceptance of the amended Terms, subject to any rights that cannot lawfully be excluded.

 

39. Governing Law

These Terms are governed by the laws applicable in Queensland, Australia.

 

Subject to applicable statutory rights concerning jurisdiction, disputes connected with these Terms are subject to the jurisdiction of competent Queensland courts and tribunals.

 

40. Severability

If any provision is held to be unlawful, invalid or unenforceable, it will be read down so far as reasonably possible.

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If it cannot be read down, it will be severed without affecting the remaining provisions.

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41. Entire Membership Agreement

These Terms, together with the applicable membership description, the MYUNION Privacy Policy, any specific terms applying to a purchased service, and any separate Client Agreement where applicable, constitute the relevant agreement between MYUNION and the member.
 

Where a separate Client Agreement applies to an advocacy matter, that agreement will govern that engagement to the extent of any inconsistency.

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42. Contact

Questions concerning membership, these Terms, Fair Use, Pre-Existing Matters or whether a particular matter is eligible for membership assistance may be directed to MYUNION through the contact channels published on the Platform.

 

IMPORTANT MEMBERSHIP NOTICE

MEMBERSHIP DOES NOT COVER EXISTING OR REASONABLY FORESEEABLE MATTERS

MYUNION membership is prospective, not retrospective.

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You cannot experience a workplace, employment, discrimination, human rights or other relevant problem, or become aware of circumstances making such a problem reasonably foreseeable, and then join MYUNION expecting that existing matter to be covered by your subscription.

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This applies even where:

• The formal complaint has not yet been lodged.

• Disciplinary action has not yet formally commenced.

• A show cause notice has not yet been issued.

• Dismissal has not yet occurred.

• Proceedings have not yet commenced.

 

The relevant question may include when you first knew, reasonably should have known, or could reasonably have foreseen that the circumstances were likely to result in a dispute or request for advocacy assistance.

 

MYUNION may still agree to assist with a Pre-Existing Matter under a separate Client Agreement and fee arrangement.

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FAIR USE AND OPEN HONESTY

Membership benefits are subject to MYUNION’s Fair Use Principle.

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MYUNION reserves the right, subject to applicable law, to refuse, restrict, suspend or discontinue services where continued assistance would be unreasonable, where membership benefits are being misused, or where there has been a material breakdown in the fidelity, candour, trust or open honesty required between MYUNION and the member.

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Members are required to be completely open and honest with MYUNION about the circumstances of their matter, including information that may not support their position.