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Casual conversion rights tested: Unpaid work time counted toward maximum tenure

The Industrial Relations Commission of New South Wales has dismissed an employer’s appeal, confirming that unpaid trial shifts and other periods of…

3 Oct 2026 | 3 min read

Cases & Law

FWC Commissioner recuses herself after employer’s repeated non-compliance and “reprehensible” threats

What changed or was decided Commissioner Hunt of the Fair Work Commission (FWC) has formally recused herself from hearing an unfair dismissal…

21 Sep 2026 | 5 min read

Preliminary
1. UnionUp Pty Ltd ACN 682 641 989 (“we”, “us”, “our” and “UnionUp” ) operates the website ‘www.unionup.io’ (“Site”) and each UnionUp mobile application (“Application”).
2. You confirm that you accept these Terms and Conditions and that you confirm to be bound by them as a User upon the earlier of you:
 1. accessing or using the Platform; or
 2. otherwise acknowledging that you accept these Terms and Conditions and agree to be bound by them.
3. These Terms and Conditions were last updated on, and are current as of, 1 March 2025.
Definitions
Unless otherwise defined in these Terms and Conditions, capitalised terms in these Terms and Conditions have the meaning given to them as follows:
1. “Application” has the meaning given to that term in clause 1.1;
2. “Associated Entities” has the same meaning as in section 50AAA of the Corporations Act 2001 (Cth);
3. “Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth);
4. “Business Day” means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales;
5. “Claim” means all actions, suits, causes of action, arbitrations, claims, demands, proceedings, complaints and objections in respect of any debts, dues, costs, expenses, obligations, liabilities, interest, verdicts, orders or judgments either at law or in equity, whether based in contract, tort (including negligence), statute or otherwise and irrespective of whether the matters giving rise to those claims are known to the parties as at the date of these Terms and Conditions;
6. “Content Standards” means the content standards and requirements of the Platform set out in clause 11;
7. “Intellectual Property Rights” means all intellectual property rights of any kind in any jurisdiction anywhere in the world (including, without limitation, trade marks, patents, inventions, copyright and related rights, know-how, trade secrets, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, designs, rights in designs and unregistered designs, datasets and confidential information), whether registered or unregistered and whether protectable or not, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration;
8. “Law” means:
 1. any and all acts, subordinate legislation, ordinances, regulations, by-laws, local laws, orders and proclamations of any federal, state, or local government;
 2. any direction, rules, request, requirement, order or finding of any regulatory authority or governmental authority;
 3. common law; and
 4. equity,
 in each case in any jurisdiction worldwide, and includes any international laws;
9. “Loss” means any loss, cost, expense (including legal costs and expenses), damage or liability (including any fine or penalty) whether present or future, fixed or unascertained, actual or contingent;
10. “Monthly Delegate Fee” means the Monthly User Fee attributable to Delegates from time to time in accordance with these Terms and Conditions;
11. “Monthly Organiser Fee” means the Monthly User Fee attributable to an Organiser from time to time in accordance with these Terms and Conditions;
12. “Monthly Safety Representative Fee” means the Monthly User Fee attributable to Safety Representatives from time to time in accordance with these Terms and Conditions;
13. “Monthly Subscription Fee” means the monthly subscription fee payable by each Union for its Union Users as calculated in accordance with clause 6.4;
14. “Monthly User Fee” has the meaning given to that term in clause 6.1;
15. “Moral Right” has the meaning given to that term in Part IX of the Copyright Act 1968 (Cth), and includes any similar rights capable of protection under the laws of any jurisdiction;
16. "Organiser” means any Union User that is an Organiser (Admin) or an Organiser (Non-Admin);
17. “Personal Information” has the same meaning as in the Privacy Act 1988 (Cth), and includes any other similar information or an opinion about an individual under any other Privacy Law;
18. “Platform” means each of the following, whether individually, collectively or any combination of them (as the context requires):
 1. the Site; and
 2. any Application;
19. “Platform Content” means any data, content, information, uploads or other materials (in any form) that is Posted on or through the Platform, whether provided by us, you, any other User or any other third party, and includes User Contributions;
20. “Post” means to post, submit, publish, display, message, transmit or otherwise make available;
21. “Privacy Laws” means each of the following:
 1. Privacy Act 1988 (Cth); and
 2. any other Law, rule or guideline relating to data protection, privacy or the handling of Personal Information in force in any jurisdiction applicable to the parties;
22. “Respective Organiser” means, in respect of a Union User, the Organiser (Admin) appointed to the relevant Union;
23. “Seat” means the number of each User Category that a Union has added to its subscription whether or not those seats have been filled by the Union with a user.
24. “Site” has the meaning given to that term in clause 1.1;
25. “Software Code” means the software code of the Platform (and all associated user interfaces, websites and other digital media), including the object code, the intermediate code and the source code;
26. “Terms and Conditions” means these terms and conditions governing your access and use of the Platform (as amended from time to time in accordance with these Terms and Conditions);
27. “Third Party Intellectual Property” has the meaning given to that term in clause 10.1;
28. “Third Party Content” has the meaning given to that term in clause 8.1(a);
29. “Third Party Links” has the meaning given to that term in clause 8.1(a);
30. “Union” means any organisation of employees that is registered under the Fair Work (Registered Organisations) Act 2009 (Cth), under any equivalent or similar Australian State or Territory legislation or under any equivalent or similar legislation in any non-Australian jurisdiction, and may include any branch, division, or other part of such organisations;
31. “UnionUp Intellectual Property” has the meaning given to that term in clause 10.1;
32. “UnionUp Group” means each of the following (whether individually, collectively or any combination of them, as the context requires):
 1. us;
 2. our Associated Entities; and
 3. each officer, employee, contractor, consultant, agent and representative of:
 1. UnionUp; or
 2. any Associated Entity of UnionUp;
33. “UnionUp Group Member” means each member of the UnionUp Group;
34. “UnionUp Licensee” means each UnionUp Group Member and their respective service providers, licensees and nominees;
35. means, in respect of a Union, each User that is appointed to that Union as:
 1. a Delegate;
 2. a Safety Representative;
 3. a Delegate/Safety Representative;
 4. an Organiser (Non-Admin); or
 5. an Organiser (Admin),
 but excludes any User that accesses and uses the Platform as a Worker;
36. “User” means any person who access and/or uses the Platform, including you;
37. “User Category” means each of the following categories of Users as specified on the Platform;
 1. a “Worker”;
 2. a “Delegate”;
 3. a “Safety Representative”;
 4. a “Delegate/Safety Representative”, being a User that is assigned as both as a Delegate and as a Safety Representative for their respective Union;
 5. an “Organiser (Non-Admin)”; and
 6. an “Organiser (Admin)”;
38. “User Contribution” has the meaning given to that term in clause 9.1;
39. “you” means the person who accepts these Terms and Conditions and agrees to be bound by them in accordance with clause 1.2;
40. “Your Intellectual Property” has the meaning given to that term in clause 10.1;
41. “Your Union” means the Union to which you are appointed on the Platform; and
42. “Your User Contribution” means User Contributions that you Post on or through the Platform.
Eligibility to use the Platform
1. The Platform is directed to persons who are at least 18 years old and are residing in and using the Platform within Australia.
2. We do not warrant or represent that any Platform Content is appropriate to be accessed or used:
  1. by any person who is not at least 18 years old; or
  2. from, or available in, any location other than Australia.
3. If you access or use the Platform from outside Australia, you agree that:
  1. you access and use the Platform at your sole risk; and
  2. you are solely responsible for complying with all Laws applicable to your access and use of the Platform from your location.
Users Categories
1. Upon signing up to the Platform you will be appointed as a Worker unless you are appointed as a Union User by Your Union.
2. You acknowledge that your User Category may be varied from time to time in accordance with these Terms and Conditions, including by your Respective Organiser under clause 5.
3. The scope of any Platform access, features, services and functionalities (“Platform Access”) granted to each User Category will be determined by us from time to time.
4. Subject to clause 4.5, if we intend to vary your Platform Access in a manner that will materially reduce your Platform Access then:
  1. we will use reasonable endeavours to notify you of the proposed variation to your Platform Access prior to the variation taking effect or at least as soon as reasonably practicable after the variation takes effect; and
  2. if you are a Union User, we will also notify your Respective Organiser of the proposed variation to your Platform Access prior to the variation taking effect.
5. If you are a Union User and Your Union fails to pay us any amount under these Terms and Conditions by the due date for the respective payment, then we may (in our sole absolute discretion and without prior notice to you) immediately reappoint you as a Worker and reduce your Platform Access so that you have the Platform Access granted to a Worker until such time as Your Union pays us the amount due and payable in full or as we otherwise determine to reinstate your initial User Category.
6. If you are a Union User and Your Union ceases to be a Union, becomes insolvent or otherwise ceases to operate its business (“Non-Operational Event"), then we may (in our sole absolute discretion and without prior notice to you) immediately reappoint you as a Worker and reduce your Platform Access so that you have the Platform Access granted to a Worker until such time as the Non-Operational Event is rectified (if at all).
Organiser (Admin)
1. This clause 5 applies if at any time you are an Organiser (Admin).
2. Despite any other clause in these Terms and Conditions, you acknowledge and agree that:
  1. you becoming or being appointed as an Organiser (Admin) may be subject to our prior approval; and
  2. we may (in our sole absolute discretion) refuse you becoming or being appointed as an Organiser (Admin) for any reason.
3. By you confirming that you accept these Terms and Conditions and that you are bound by them Your Union agrees to be bound by the obligations imposed on it under these Terms and Conditions, including Your Union’s obligation to pay the Monthly Subscription Fee.
4. Subject to clause 4.3, your Platform Access may include you being able to do any of the following from time to time whilst you are an Organiser (Admin):
  1. appoint any User as a Union User for Your Union;
  2. vary the User Category of any Union User for Your Union; and/or
  3. revoke any User’s appointment as a Union User for Your Union.
5. You must not do any act or thing contemplated by clause 5.4 without the prior consent of Your Union.
6. You warrant and represent that:
  1. you have provided Your Union with a copy of these Terms and Conditions;
  2. Your Union has read and understands these Terms and Conditions and agrees to be bound by any obligations imposed on it under these Terms and Conditions, including Your Union’s obligation to pay the Monthly Subscription Fee;
  3. you have notified Your Union of the Monthly User Fee in force from time to time;
  4. you have the authority to provide us, and Your Union has agreed to you providing us, with Your Union’s credit card and other payment details for the purposes of these Terms and Conditions, and that such credit card and other payment details are true and accurate;
  5. Your Union has agreed to you being an Organiser (Admin) for that Union; and
  6. you have obtained Your Union’s prior consent to you doing any act or thing contemplated by clause 5.4.
Monthly Subscription Fee
1. The Platform will specify, or we will otherwise notify Users and Unions of, a monthly fee attributable to each User Category (“Monthly User Fee”) which will be payable by the Unions in accordance with this clause 6.
2. From time to time, we may vary the Monthly User Fee for any User Category for any Union where:
  1. we provide prior written notice of the variation to the relevant Union; and
  2. the variation only takes effect on the first day of any given calendar month.
3. In consideration for the Union Users accessing and using the Platform, each Union must pay us the Monthly Subscription Fee on the first day of each calendar month.
4. The Monthly Subscription Fee payable by a Union for any given calendar month will be calculated as the sum of the following amounts (expressed as a positive dollar value):
  1. the total number of Delegate Seats the Union has added to its subscription as at the last day of the previous calendar month multiplied by the Monthly Delegate Fee specified on the Platform on the last day of the previous calendar month; plus
  2. the total number of Safety Representative Seats the Union has added to its subscription as at the last day of the previous calendar month multiplied by the Monthly Safety Representative Fee specified on the Platform on the last day of the previous calendar month; plus
  3. the total number of Delegates & Safety Representative Seats the Union has added to its subscription as at the last day of the previous calendar month multiplied by the Monthly Delegates & Safety Representative Fee specified on the Platform on the last day of the previous calendar month; plus
  4. the total number of Organiser Seats the Union has added to its subscription as at the last day of the previous calendar month multiplied by the Monthly Organiser Fee specified on the Platform on the last day of the previous calendar month.
5. For the avoidance of doubt, the Monthly User Fee is attributable to a Union User’s access and use of the Platform in its entirety and for a given month will only be charged once in respect of a Union User that access and uses more than one component of the Platform during that month (being the Site and/or any Application or more than one Application).
6. Each Union may pay its Monthly Subscription Fees by using any payment method specified on the Platform from time to time.
Linking to the Platform
1. You may link to any page of the Platform on another website or application, provided that:
  1. you do so in a way that is lawful and does not and does not damage our reputation or take advantage of it;
  2. you do not establish the link in a manner that suggests, or is likely to suggest, any form of association, approval or endorsement on our part where none exists; and
  3. the website or application in which you are linking complies in all respects with the Content Standards.
2. You must not frame or mirror the Platform on any other website or application.
3. We reserve the right to withdraw linking permission without notice.
4. If you wish to link to the Platform other than as set out above, please contact us.
We are not responsible for material posted to the Platform
1. You acknowledge and agree that:
 1. from time to time the Platform may contain:
 1. links to other websites and/or applications (including banner advertisements and sponsored links), content, information and other materials Posted by other Users or third parties (“Third Party Links”); and
 2. data, content, information and other materials uploaded by other Users (such as User Contributions) and other third parties, including sponsor and advertisers,(“Third Party Content”);
 2. Third Party Links and Third Party Content may include sponsored content, including third party advertisements and marketing materials;
 3. unless expressly stated otherwise by us:
 1. we have not verified or approved any Third Party Links or Third Party Content;
 2. the views expressed by other Users or third parties through Third Party Content do not represent our views or values and are not endorsed by us; and
 3. we do not endorse any website or application accessible through a Third Party Link, the goods or services provided at those websites or applications or by the organisations promoting those websites or applications;
 4. it is your responsibility to assess the accuracy of any Platform Content, except for any Platform Content that is Posted by us (which is our responsibility);
 5. your use and access of any Third Party Links is at your sole risk;
 6. your use and access of, and reliance on, any Third Party Content is at your sole risk; and
 7. you are responsible for any transactions, disputes or other dealings between you and any other User.
2. We make no warranty or representation that any Platform Content (including any Third Party Links and any Third Party Content):
 1. is correct, accurate or reliable; or
 2. complies with these Terms and Conditions (including the Content Standards).
User-generated content
1. The Platform may contain comment threads, personal or Union web pages or profiles, bulletin boards and other interactive features from time to time that allow Users to Post data, content, information, uploads or other materials (“User Contributions”) to Unions and other Users on or through the Platform.
2. You will retain all rights, title and interest in and to Your User Contributions.
3. You acknowledge and agree that:
  1. Your User Contributions are non-confidential and non-proprietary; and
  2. you are solely responsible for securing and backing up Your User Contributions.
4. Any User Contribution may be collected and stored by us in accordance with our ordinary business practices and applicable Laws (including in accordance with clause 18).
5. We may, in our sole absolute discretion:
  1. from time to time review any User Contribution to ensure that it complies with these Terms and Conditions (including the Content Standards); and
  2. remove, refuse to Post or take any other action with respect to any User Contribution that we determine (acting reasonably) breaches these Terms and Conditions (including the Content Standards).
6. Notwithstanding clause 9.5(a), you should not consider that any User Contribution has been reviewed or approved by us and we make no warranty or representation that any User Contribution complies with these Terms and Conditions (including the Content Standards).
7. You represent and warrant that:
  1. at all times all of Your User Contributions do and will comply with these Terms and Conditions, including (without limitation) the Content Standards; and
  2. you understand and acknowledge that:
    1. you are solely responsible for Your User Contributions, including the legality, reliability, accuracy and appropriateness of such User Contributions; and
    2. to the maximum extent permitted by Law, we are not responsible or liable to any person (including you, other Users and other third parties) for the content or accuracy of any Third Party Content.
8. If you wish to complain about any Third Party Content, including User Contributions, please contact us.
Intellectual Property Rights
1. For the purposes of these Terms and Conditions the term:
  1. “Third Party Intellectual Property” means, in respect of any third party (including any other User):
    1. all Platform Content posted by that third party; and
    2. all Intellectual Property Rights subsisting in or forming part of the Platform Content Posted by that third party;
    1. “UnionUp Intellectual Property” means:
      1. all Intellectual Property Rights subsisting in or forming part of the Platform and the Platform Content, except for any Third Party Intellectual Property and Your Intellectual Property; and
      2. all Intellectual Property Rights subsisting in or forming part of the Software Code; and
    1. “Your Intellectual Property” means:
      1. Your User Contributions; and
      2. all Intellectual Property Rights subsisting in or forming part of Your User Contributions.
2. The parties acknowledge and agree that:
  1. the UnionUp Group owns the UnionUp Intellectual Property;
  2. the Third Party Intellectual Property is owned by third parties;
  3. you own Your Intellectual Property; and
  4. nothing contained in these Terms and Conditions intends to or will constitute a transfer of:
    1. any right, title and interest in and to the UnionUp Intellectual Property from the UnionUp Group to you or any third party;
    2. any right, title and interest in and to Your Intellectual Property from you to us or any third party; or
    3. any right, title and interest in and to any Third Party Intellectual Property from the relevant owner of that Third Party Intellectual Property to you.
3. Upon Posting Your Intellectual Property on or through the Platform, you grant each UnionUp Licensee a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, modify, perform, display, distribute, disclose to third parties (including to other Users) and otherwise deal with Your Intellectual Property for:
  1. the purposes of any UnionUp Licensee doing any act or thing in connection with the Platform, including operating, managing, updating or promoting the Platform;
  2. the purposes of any UnionUp Licensee doing any act or thing required or permitted by these Terms and Conditions; and
  3. any other lawful purposes.
4. Without limitation to clause 10.3, you grant each UnionUp Licensee a perpetual right to grant any other User a non-exclusive, royalty-free, worldwide, revocable sub-licence to use Your Intellectual Property for:
  1. any period where they are a User of the Platform; and
  2. the sole purpose of that User accessing and using the Platform in accordance with these Terms and Conditions.
5. We grant you a non-exclusive, royalty-free, worldwide, revocable sub-licence to use the Third Party Intellectual Property owned by all other Users for:
  1. any period where you are a User of the Platform; and
  2. the sole purpose of you accessing and using the Platform in accordance with these Terms and Conditions.
6. We grant you a non-exclusive, royalty-free, worldwide, revocable licence to use the UnionUp Intellectual Property for:
  1. any period where you are a User of the Platform; and
  2. the sole purpose of you accessing and using the Platform in accordance with these Terms and Conditions.
7. We may Post UnionUp Intellectual Property and Third Party Intellectual Property on the Platform from time to time, including registered or unregistered trade marks owned by the UnionUp Group or any third party.
8. Without limitation to clauses 10.5 and 10.6, you must not modify, commercialise or adapt any UnionUp Intellectual Property or Third Party Intellectual Property without the prior written consent of the relevant owner.
9. You acknowledge and agree that:
  1. you waive any and all of your Moral Rights in Your Intellectual Property; and
  2. you consent to each UnionUp Licensee and other User doing any act or thing in connection with these Terms and Conditions (including the Platform) that does or may infringe any or all of your Moral Rights in Your Intellectual Property.
10. For the avoidance of doubt, we do not waive the Moral Rights of any UnionUp Group Member that subsist in or form part of the UnionUp Intellectual Property.
11. You represent and warrant that:
  1. you own all the rights, title and interest in and to Your Intellectual Property; and
  2. you have the right to grant the licences and rights under this clause 10.
Content Standards
1. The Content Standards in clauses 11.2 to 11.4 apply to any and all User Contributions.
2. User Contributions must in their entirety comply with all applicable Laws.
3. Without limitation to clause 11.2, you must ensure that Your User Contributions do not:
  1. contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, sexual or pornographic or otherwise objectionable;
  2. contain discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other protected attribute under Australian discrimination law;
  3. infringe any Intellectual Property Rights of any other person (including any other User);
  4. violate the legal rights (including the rights of privacy) of others or contain any material that could give rise to any civil or criminal liability under any applicable Laws or that otherwise may be in conflict with these Terms and Conditions;
  5. be knowingly incorrect or likely to mislead or deceive any person;
  6. promote any illegal activity, or advocate, promote or assist any unlawful act;
  7. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  8. impersonate or attempt to impersonate or misrepresent your identity or affiliation with any person, including any UnionUp Group Member, any other User, a Union to which you are not appointed or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
  9. involve contests, sweepstakes and other sales promotions, barter or advertising;
  10. transmit, or procures the sending of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter or spam or any other similar solicitation; or
  11. give the impression that they emanate from or are endorsed by the UnionUp Group or any other person or entity, if this is not the case.
4. You must comply with the Content Standards at all times in connection with your access and use of the Platform, including (without limitation) whenever you use a feature that allows you to Post to the Platform or you engage with other Users or Unions.
5. If Your User Contributions breach the Content Standards then:
  1. we may report the relevant activities relating to the breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and Your User Contributions to them; and/or
  2. we may terminate these Terms and Conditions in accordance with clause 17.3(d).
Prohibited uses of the Platform
1. You may use the Platform only in accordance with:
  1. all applicable Laws; and
  2. these Terms and Conditions.
2. Without limitation to clause 12.1, you agree not to, and agree to not authorise, abet, aid, encourage or incite any other person to:
  1. breach these Terms and Conditions (including the Content Standards);
  2. send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
  3. engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Platform, or which, as determined by us (acting reasonably), may harm any UnionUp Group Member or other Users or expose any of them to liability;
  4. use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any person’s use of the Platform, including their ability to engage in real time activities through the Platform;
  5. use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
  6. use any manual process to monitor or copy any of the Platform Content (other than Your User Contributions) for any unauthorised purpose without our prior written consent;
  7. use any automatic or manual process to reverse engineer or decompile any part of the Platform;
  8. use any device, software or routine that interferes with the proper working of the Platform;
  9. introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
  10. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
  11. access or interfere with the Software Code;
  12. attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
  13. otherwise attempt to interfere with the proper working of the Platform;
  14. do any act or thing in connection with accessing and using the Platform that:
    1. does, or is likely to, defame any person (including any other User or any Union);
    2. infringes, or is likely to, infringe the Intellectual Property Rights of any person (including any UnionUp Intellectual Property and any Third Party Intellectual Property); or
    3. is or is likely to otherwise contravene any applicable Law, including the Competition and Consumer Act 2010 (Cth).
3. If you breach this clause 12 then:
  1. we may report the relevant activities relating to the breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and Your User Contributions to them; and/or
  2. we may terminate these Terms and Conditions in accordance with clause 17.3(d).
Disclaimers and limitation of liability
1. You acknowledge and agree that (unless expressly stated otherwise in these Terms and Conditions):
  1. your use of the Platform is entirely at your own risk;
  2. the Platform is never entirely free from security vulnerabilities, defects, viruses, errors, bugs, malfunctions and interruptions;
  3. we may update or upgrade the Platform from time to time;
  4. you are responsible for configuring your technology to access the Platform and you are responsible for procuring, managing and maintaining your own antivirus software;
  5. the Platform is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation, performance, reliability or availability of the Platform;
  6. we make no warranty or representation that:
    1. the Platform will be suitable for your purposes or, if you are an Organiser (Admin), for the purposes of Your Union;
    2. the Platform will be wholly free from security vulnerabilities, defects, viruses, errors, bugs, malfunctions and interruptions;
    3. the use or access of the Platform by any User will not give rise to any legal or financial liability on the part of that User or the Union to which that User is appointed; or
    4. any content, data, information or other materials Posted by any person on or through the Platform (including by us or any Third Party Content) is true, accurate or complete;
  7. we are not responsible for the failure or non-availability of the Platform where such failure or non-availability is caused by any act, omission or event beyond our reasonable control, and any consequential inability of you to use or access the Platform will not affect our right to receive any amounts due to us in accordance with these Terms and Conditions.
2. You acknowledge and agree that, subject to clauses 13.3 and 13.4 and to the maximum extent permitted by law, in no event will any UnionUp Group Member be liable (including under these Terms and Conditions) to you or Your Union, and you forever release and discharge each UnionUp Group Member, for any:
  1. liability, losses or damages suffered, incurred or expended by you or that Union in connection with:
    1. use and access of the Platform;
    2. you inability to use or access the Platform;
    3. any act or omission of any other User or Union in connection with the Platform;
    4. you accessing any websites or other platforms made available through Third Party Links;
    5. you relying on or otherwise using any Platform Content Posted on or through the Platform by any third party;
    6. the loss or destruction of Your User Contributions as permitted or required under these Terms and Conditions or due to any event beyond the reasonable control of the UnionUp Group;
    7. us suspending, withdrawing, restricting or permanently deactivating the Platform in accordance with these Terms and Conditions;
    8. your Respective Organiser appointing you as a Union User, varying your User Category or revoking your appointment as a Union User; or
    9. you engaging with any other Users or Unions; or
  2. indirect, special, incidental or consequential loss or punitive damages suffered, incurred or expended by you or Your Union, including pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use and loss of goodwill howsoever arising.
3. Clause 13.2 will not apply to the extent that the liability, loss or damage suffered, incurred or expended by you or Your Union is caused or contributed by:
  1. any fraudulent, negligent or unlawful act or omission of any member of the UnionUp Group;
  2. any wilful misconduct of any UnionUp Group Member; or
  3. a breach of these Terms and Conditions by us.
4. Subject to clause 13.5, we make no warranties or representations in connection with these Terms and Conditions or the Platform other than those warranties and representations that are expressly set out in these Terms and Conditions.
5. Nothing in these Terms and Conditions intends to or has the effect of limiting or excluding any liability of any UnionUp Group Member that cannot be excluded or limited under any applicable Law, including under the Australian Consumer Law.
Indemnities
1. Subject to clause 14.2, you must indemnify and keep indemnified each UnionUp Group Member from and against any and all Claims and Losses incurred, suffered or expended by them as a result of:
  1. any security vulnerability, defect, virus, error, bug, malfunction or interruption to the Platform to the extent it is caused or contributed to by you;
  2. any fraudulent, unlawful or negligent act or omission by you in connection with these Terms and Conditions or the Platform;
  3. any wilful misconduct by you in connection with these Terms and Conditions or the Platform; and/or
  4. any breach of these Terms and Conditions by you, including any warranty given by you under these Terms and Conditions.
2. Your obligations under clause 14.1 will not apply to the extent that the relevant Claim or Loss is caused or contributed to by any act or omission of us, including without limitation:
  1. any fraudulent, unlawful or negligent act or omission by us;
  2. any wilful misconduct by us; or
  3. any breach of these Terms and Conditions by us.
3. Subject to clause 14.4, we must indemnify and keep indemnified you from and against any and all Claims and Losses incurred, suffered or expended by you arising as a result of:
  1. any fraudulent, unlawful or negligent act or omission by us in connection with these Terms and Conditions or the Platform;
  2. any wilful misconduct by us in connection with these Terms and Conditions or the Platform; and/or
  3. any breach of these Terms and Conditions by us.
4. Our obligations under clause 14.3 will not apply to the extent that the relevant Claim or Loss is caused or contributed to by any act or omission of you, including without limitation:
  1. any fraudulent, unlawful or negligent act or omission by you;
  2. any wilful misconduct by you; or
  3. any breach of these Terms and Conditions by you.
5. Each indemnity contained in these Terms and Conditions:
  1. is a continuing obligation and remains in full force and effect until all money owing, contingently or otherwise, under an indemnity has been paid in full;
  2. is a separate and independent obligation of the party providing the indemnity; and
  3. survives the termination or expiry of these Terms and Conditions.
We may suspend or withdraw the Platform
1. We may (in our sole absolute discretion) suspend, withdraw or restrict the availability of all or any part of the Platform from time for time for business, operational, emergency or any other reasons.
2. We will use our reasonable endeavours to provide you with reasonable prior notice of any suspension, withdrawal or restrictions of the Platform.
3. If in any calendar month all or substantially all of the Platform’s availability is suspended, withdrawn or restricted for a total of ten (10) or more Business Days (being an aggregate downtime of at least 80 hours occurring between 9:00am to 5:00pm on Business Days during the given calendar month), you may terminate these Terms and Conditions immediately by:
  1. notifying us in writing; or
  2. deleting your account on the Platform in accordance with the process set out on the Platform.
4. If you terminate these Terms and Conditions in accordance with clause 15.3, the Monthly User Fee attributable to you for the affected calendar month will be excluded from the Monthly Subscription Fee for that calendar month and Your Union will not be required to pay that Monthly User Fee.
5. You acknowledge and agree that your rights under clauses 15.3 and 15.4 are your sole rights and remedies in respect of any suspension, withdrawal or restriction of the Platform under clause 15.1.
6. For the avoidance of doubt, this clause 15 does not apply to us permanently deactivating the Platform in accordance with clause 16.
We may deactivate of the Platform
1. Subject to clause 16.2, we may (in our sole absolute discretion) permanently deactivate the Platform at any time for any reason.
2. We will provide you with reasonable notice before we permanently deactivate the Platform, which will specify the date that the Platform will be permanently deactivated.
3. You are solely responsible for securing and backing up Your User Contributions before the Platform is permanently deactivated.
4. These Terms and Conditions will terminate with immediate effect on and from the time that we permanently deactivate the Platform.
5. If these Terms and Conditions are terminated under clause 16.4, the Monthly User Fee attributable to you for the month in which the Platform is permanently deactivated will be excluded from the Monthly Subscription Fee for that calendar month and Your Union will not be required to pay that Monthly User Fee.
Termination
1. You may terminate these Terms and Conditions (including your account on the Platform) immediately at any time by deleting your account on the Platform in accordance with the process set out on the Platform.
2. Despite clause 17.1, you acknowledge and agree that:
  1. the process set out on the Platform for terminating these Terms and Conditions (and your account on the Platform) may require you to transfer or assign some of Your User Contributions to another User;
  2. the transfer and assignment of such User Contributions is a precondition to you terminating these Terms and Conditions (and your account on the Platform); and
  3. if you are a Union User, Your Union will first have to remove you as a Union User from its Union Account.
3. We may terminate these Terms and Conditions immediately at any time by:
  1. notifying you, your Respective Organiser or Your Union in writing; or
  2. deactivating your account on the Platform without prior notice, where:
  3. you commit any breach of these Terms and Conditions and, if the breach is remediable, you have failed to remedy the breach to our satisfaction within 10 Business Days of us notifying you of the breach;
  4. you commit any breach of a material term of these Terms and Conditions, including without limitation the Content Standards and clause 12, irrespective of whether the breach is remediable;
  5. you are insolvent, a bankrupt or otherwise are unable to pay your debts when they become due and payable; or
  6. Your Union requests in writing for us to terminate your account on the Platform.
4. If we terminate these Terms and Conditions in accordance with clause 17.3 and you are a Union User at the time of the termination, then you will be counted towards the calculation of the Monthly Subscription Fee attributable to the calendar month in which we terminated these Terms and Conditions as if you were a Union User as at the last date of that calendar month (and Your Union will be required to pay the corresponding Monthly User Fee).
5. With effect on and from the termination or expiry of these Terms and Conditions for any reason:
  1. your right to access and use the Platform (including your account on the Platform) will cease with immediate effect;
  2. you must immediately return:
    1. any UnionUp Intellectual Property in your possession, custody or control to us; and
    2. any Third Party Intellectual Property in your possession, custody or control to the relevant owner of the Third Party Intellectual Property; and
  3. any non-perpetual licence granted by any party under these Terms and Conditions will immediately cease, but any perpetual licence will continue with full force and effect.
6. You acknowledge and agree that:
  1. Your Intellectual Property may be lost, deleted or destroyed upon or after the termination or expiry of these Terms and Conditions (and your account on the Platform) for any reason; and
  2. you are responsible for securing and backing up Your Intellectual Property, including before you terminate these Terms and Conditions (and your account on the Platform) in accordance with clause 17.1.
Privacy
1. You warrant to each UnionUp Group Member:
  1. that you have the legal right to disclose all Personal Information and other information that you disclose to the UnionUp Group in connection with these Terms and Conditions (including you accessing or using the Platform); and
  2. that such disclosure of Personal Information will not breach any Laws, any including Privacy Laws.
2. If you Post Personal Information relating to any other User or third party, you must obtain all necessary consents in relation to the processing of that Personal Information and you take sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of that Personal Information.
3. You consent to the UnionUp Group collecting, storing, using and disclosing any Personal Information you disclose to any UnionUp Group Member in connection with these Terms and Conditions (including you accessing or using the Platform):
  1. for the purposes of the UnionUp Group operating its business(es) in the ordinary course, including operating, managing, updating or promoting the Platform or engaging third party service providers;
  2. in accordance with our privacy policy implemented from time to time (if any); and/or
  3. for any other purpose determined by us (acting reasonably),
  in each case subject to applicable Laws (including Privacy Laws applicable to us).
4. Without limitation to clause 18.3, we may disclose your identity and your Personal Information:
  1. in accordance with applicable Laws;
  2. to any relevant law enforcement authority in connection with you breaching of these Terms and Conditions or any applicable Law;
  3. to any other third party who is claiming that any of Your User Contributions breach of their Intellectual Property Rights, their right to privacy or any of their other rights.
We may make changes to the Platform and these Terms and Conditions
1. Subject to clause 4.4, we may update, upgrade, modify or otherwise change the Platform from time to time to reflect changes to our goods and services, the needs of Users, changes in Law and the business practices and priorities of the UnionUp Group.
2. Unless expressly stated otherwise in these Terms and Conditions and to the maximum extent permitted by Law, we may vary these Terms and Conditions from time to time by providing you with reasonable prior notice (which may be provided through the Platform), in which case the variations will apply and become binding on you from the date the varied Terms and Conditions are made available on the Platform.
Other terms and conditionsYou acknowledge and agree that:
1. from time to time, additional terms and conditions may also apply to specific portions, services or features of the Platform as specified on the Platform or otherwise by us; and
2. upon your acceptance of any such additional terms and conditions they will be incorporated in full by reference into these Terms and Conditions as if they are set out in these Terms and Conditions in full.
GST
1. Unless otherwise defined in these Terms and Conditions, capitalisedterms in this clause 21 have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2. The consideration payable by under these Terms and Conditions (including the Monthly Subscription Fee) has been fixed without regard to the impact of GST.
3. If GST is or becomes payable on a Taxable Supply made under or in connection with these Terms and Conditions, the party providing consideration for that Taxable Supply must pay an additional amount equal to the GST payable on the Taxable Supply.
4. The additional amount payable under clause 21.3 must be paid at the same time as the consideration for the Taxable Supply or on the date on which the party making the supply delivers a Tax Invoice (whichever is later).
References to and calculation of time
1. A reference to a time or day in these Terms and Conditions means a time or day as determined by reference to Australian Eastern Daylight Time (AEDT).
2. Where time is to be calculated by reference to a day or event, that day or the day of that event is excluded.
3. Where something is done or received after 5.00 pm on any day, it will be taken to have been done or received on the following day.
4. Where a provision in these Terms and Conditions requires anything to be done on a Saturday, Sunday or public holiday in Sydney, New South Wales, that matter or thing may be done or will be taken to have been done on the next succeeding day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales.
Notices
1. We may give any notice in connection with these Terms and Conditions to you by delivering the notice to:
  1. your email address or postal address that you nominate from time to time; or
  2. you through the Platform.
2. If you are an Organiser (Admin) then we may deliver a notice in connection with these Terms and Conditions to Your Union by delivering the notice to you (in which case the notice will be deemed delivered to Your Union).
3. You may give any notice in connection with these Terms and Conditions to us by delivering the notice to:
  1. us through the notification portal set out on the Platform; or
  2. any other address for service nominated by us from time to time.
4. For the purposes of these Terms and Conditions:
  1. a notice sent by post will be deemed:
    1. given on the day it is posted; and
    2. received six days after posting; and
  2. a notice sent by electronic means (including via email), will be deemed received at the time and on the date that it is sent unless the sender receives a notice that the delivery of the notice was unsuccessful (in which case the notice will not be deemed to have been received).
General
1. In these Terms and Conditions:
 1. words in the singular include the plural and vice versa;
 2. words indicating any gender indicate the appropriate gender;
 3. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
 4. a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
 5. monetary references are references to Australian currency;
 6. references to any document (including these Terms and Conditions) include references to the document as amended, consolidated, supplemented, novated or replaced;
 7. a reference to a statute includes a reference to all enactments amending or consolidating the statute and to an enactment substituted for the statute and any subordinate legislation, including regulations;
 8. a reference to a law includes legislation, regulations and other legislative instruments, any judgment made by a court, a constitutional provision or treaty or decree, any principle or rule of the common law or in equity, and is a reference to that law as amended, consolidated, replaced or re-enacted or applied to new or different facts;
 9. headings are included for convenience only and do not affect interpretation of these Terms and Conditions;
 10. no provision will be construed adversely to a party solely on the grounds that the party was responsible for the preparation of these Terms and Conditions or that provision; and
 11. the use of the words includes, including, for example, such as or similar expressions does not limit the sense or scope of the words, description, definition, phrase or term either preceding or following those terms unless there is express wording to the contrary.
2. These Terms and Conditions are governed by the laws in force in New South Wales, Australia and the parties to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
3. Any reference to a party in these Terms and Conditions includes, and any obligation or benefit under these Terms and Conditions will bind or take effect for the benefit of, that party’s executors, administrators, successors in title and assigns.
4. Unless expressly stated otherwise in these Terms and Conditions, each party must pay its own costs and expenses in respect of the negotiation, preparation and performance of these Terms and Conditions.
5. These Terms and Conditions constitute the entire agreement between the parties and supersedes all prior arrangements, agreements, representations and undertakings between the parties.
6. If any part of these Terms and Conditions is held to be invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted, and these Terms and Conditions will remain otherwise in full force.
7. Unless expressly stated otherwise in these Terms and Conditions (including clause 19), no amendment to these Terms and Conditions has any force unless it is in writing.
8. The failure of a party to these Terms and Conditions to enforce a provision, or the granting of any time or indulgence, will not be construed as a waiver of the provision nor as a waiver of the right of the party at a later time to enforce the provision.
9. These Terms and Conditions may be signed in counterparts and electronically. Each counterpart will be deemed an original and the counterparts taken together constitute one and the same instrument.
10. The rights and obligations of the parties contained in these Terms and Conditions will not be extinguished by or upon the termination or expiry of these Terms and Conditions.
11. Each clause of these Terms and Conditions that is expressly stated to survive the termination or expiry of these Terms and Conditions,together with any other clause that is intended by its nature to do so, will survive the termination or expiry of these Terms and Conditions.
12. No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms and Conditions.
13. Nothing in these Terms and Conditions:
 1. gives a party the authority to bind the other party in any way;
 2. imposes any fiduciary duties on a party in relation to any other party; or
 3. intends to or will constitute or imply a partnership, joint venture or agency relationship between the parties.
14. We may assign, novate, transfer or subcontract these Terms and Conditions and any of our rights and obligations under these Terms and Conditions to any third party without your prior consent, provided that we give you prior notice of the dealing. You may not assign, novate, transfer or subcontract your rights or obligations under these Terms and Conditions without our prior written consent (which we will not unreasonably withhold).
15. To the extent that any indemnity (including in clause 14), release or other covenant given by you in these Terms in Conditions is given for the benefit of any UnionUp Group Member other than us, we hold the benefit of that indemnity, release or other covenant as principal and on trust for that UnionUp Group Member.
Objectionable Content Not Allowed
Users are not allowed to post, share, or upload any objectionable content on the platform. This includes but is not limited to offensive, explicit, illegal, hateful, misleading, or harmful material. Any content that violates community standards or applicable laws will be removed without prior notice.
Abusive Behaviour Not Allowed
Users must interact respectfully with others. Harassment, threats, bullying, hate speech, discrimination, or any form of abusive behaviour towards other users, moderators, or staff is strictly prohibited. Such behaviour may result in warnings or immediate action against the account.
Account Suspension or Removal
We reserve the right to suspend, restrict, or permanently remove any user account that violates our policies or terms of use. Repeated violations or serious misconduct may lead to immediate account termination without prior notice.

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