Demarcation Disputes Back On The Horizon Under The Fair Work Bill?

Currently, union demarcation is generally defined by awards and agreements entered with named unions as respondents. Existing agreements typically reference union rules and award respondency.

Under the Fair Work Act regime, two things are set to change.

First, the Bill states: "A permit holder may enter premises to hold discussions with one or more persons who perform work on the premises; and whose industrial interests the permit holder's organisation is entitled to represent; and who wish to participate in those discussions." (Section 484). So, a union won't have to be covered by an award or agreement to gain entry to a site for member recruitment and discussion purposes, as long as the union's rules allow them to cover the workers.