It can be discrimination when a person does not experience equal opportunity in employment because of his or her activity in a trade union.

This includes being refused a job or dismissed from a job, being refused a promotion, transfer or other benefit associated with employment, given unfair terms or conditions of employment, being refused training opportunities, being refused flexible work arrangements or being harassed or bullied.

The Commission may investigate complaints of discrimination in employment on the basis of trade union activity and, where appropriate, try to resolve them by conciliation.

Discrimination on the basis of trade union activity is not unlawful under federal anti-discrimination law. However it is unlawful under the laws of the ACT, Northern Territory, Queensland, Tasmania and Western Australia in some circumstances.