Commentary on provisions of Act Section 11: Opting in by union members to contribute to political funds
Currently, in accordance with section 84 of the 1992 Act, members of a union automatically contribute to a union’s political fund, unless they actively take a decision not to contribute. Once members are contributing to a political fund, they continue to do so until they decide to give an exemption notice to the union, confirming that they no longer wish to contribute.
	The new section 84 provides that, members cannot contribute to a political fund unless they have opted in. This requirement will apply to all people who join a union after commencement, and after a transition period (to be decided by regulations, but not to be less than 12 months) (see section 11(5) and (6). Where a union sets up a new political fund after commencement, and at the end of the transition period, then all members of that union must give express consent (opt in) in order to make contributions to the political fund (section 11(5)(b)).
	Having opted in, a member may give notice at any time, to cancel their contribution. That notice must take effect at the end of the period of one month of it being given. Notices to contribute or to cease contributing to the political fund may be given in person, by agent or by post. They can also be given by e-mail or by using an electronic form provided by the union. The e-mail and the electronic form are to be sent to an address that the union has told members that they can use.
	Subsection (2) inserts a new section 84A to the 1992 Act This requires unions to send information to all new members who join after the transition period about their right to withdraw their opt in decision. This information must be sent every year, not later than eight weeks after the annual return is sent to the Certification Officer. Unions can send individual copies of the information to members or they can choose to publish it by whatever means the union uses to communicate with its members. The union may also provide the information as part of the section 32A statement which is provided every year, eight weeks after the annual report is sent. The Certification Officer will monitor compliance with this requirement.
	Subsection (3) creates a new section 85 which provides (as the previous section 85 provided) that the union is required to either collect a separate amount for the political fund from members, or provide a rebate for those members who are not contributing.
	Subsection (4) amends section 82 (rules as to political fund) to provide that in any form (including an electronic form) that a person has to complete to join the union they are advised that they can opt to contribute to a political fund and that if they decide not to contribute, they will not suffer any disadvantage. The Certification Officer will continue to monitor compliance with these matters.
	Those members who joined a trade union before commencement of section 11 will continue to be subject to the automatic opt in provisions of the 1992 Act. The amendments made by the Act will not apply to existing members.