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MOM · DOCUMENTS & GUIDES

Limited union representation for executives: 2017 guidelines

Historical document: dated proposals, examples and limits are identified in the sections below.

Individual rather than class representation

The March 2017 document explains individual representation by a recognised rank-and-file union and the 2015 addition of re-employment disputes. Conflict-of-interest exclusions include senior management, employment decision-makers, employer negotiators and people holding sensitive financial, employment or industrial-relations information. Employers and unions can agree additional salary/proportion parameters and seek MOM conciliation over eligibility.

Five covered matters

The document sets out the following scope and routes as at its publication. Its dismissal procedure references are historical; users should check the current applicable dispute route and time limit before taking action.

Limited representation scope
MatterFocus
Retrenchment benefitNegotiate benefits with regard to market practice, finances, reason and transition needs; unresolved matters can proceed through conciliation/arbitration.
DismissalChallenge dismissal without just cause; the document describes a written one-month representation under the then-applicable provision.
Individual contractDisputes over appointment terms, benefits or other individual employment promises.
VictimisationUnion-related victimisation or serious disciplinary action with a view to dismissal; use grievance and appeal procedures.
Re-employmentEligibility, suitable vacancies, offer terms or employment assistance payment disputes.

Agreements and boundaries

Put eligible categories, review arrangements, grievance procedures, information sharing and MOM conciliation into an MOU. Members may hold office under the union constitution, but limited representation does not permit industrial action over the individual dispute or participation in the union’s industrial action under the provisions described. Avoid assuming it has the same scope as collective bargaining.

Official originals and language editions

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