Supporting the fairness of collective cost-sharing

Published July 18, 2026 at 9:03 PM UTC

Authored by

Key Points

Bargaining fees are presented as a matter of fairness to ensure all beneficiaries contribute to the costs of negotiation.
Union resources are currently stretched by providing services that benefit both members and non-members equally.
A fee-for-service model could provide financial stability for unions to continue their advocacy work.
Supporters argue this is a practical solution to the free-rider problem rather than a move to force union membership.

Background History

Unions NSW and other peak bodies have previously argued that bargaining fees are necessary to prevent wage stagnation and ensure that the costs of the industrial relations system are shared equitably.

Advocates for bargaining fees argue that the current system is fundamentally unfair to the union members who fund the essential work of collective bargaining. Negotiating enterprise agreements requires significant resources, including legal expertise, administrative support, and time spent on-site by union organizers. When these efforts result in higher wages and better conditions, all employees in the workplace receive those benefits, yet only members have paid for the process that secured them. Supporters of the proposal maintain that a small fee for non-members is a reasonable way to ensure that those who benefit from the service also contribute to its cost. They argue that this is not about forcing membership, but about establishing a fair contribution model for a service that provides tangible financial gains to the entire workforce. By requiring non-members to pay a fee, unions could stabilize their funding and ensure they have the resources necessary to continue advocating for improved standards across entire industries. Proponents suggest that this approach would strengthen the collective bargaining system, making it more sustainable and equitable for all participants. They emphasize that in any other context, receiving a valuable service without payment would be considered unsustainable, and the workplace should be no different.