Protection of Conscientious Objectors to Trade Unionism Under the Conciliation and Arbitration Act

Abstract

The right to obtain exemption from trade union membership under section 144A of the Conciliation and Arbitration Act 1904 is not general but is limited to persons who hold a 'conscientious belief' that does not allow the joining of any industrial association. The applicant who satisfies the Industrial Registrar of the requisite belief is issued with a section 144A certificate, which exempts him or her from the operation of any award of preference covering the job he or she is performing. In this article, the right of an individual to obtain a certificate of exenrption is outlined and the effectiveness of the laws enacted to protect the certificate holders from employer discrimination and union pressure is critically assessed.