What you need to know
Did you know that the Fair Work Commission released its delegates’ rights term which has been inserted into every modern award, which takes effect from 1 July 2024?
The delegates’ rights term gives effect to the delegates’ rights that were recently inserted into the Fair Work Act.
Employers will need to comply with the modern award delegates’ rights term as this will be deemed compliance with the provisions under the Fair Work Act.
Previously 38 modern awards already had existing clauses dealing with delegates rights which has resulted in the FWC issuing a direction where an existing workplace delegate clause is more favourable than the new delegates rights clause term, then the existing clause and entitlements shall continue to apply instead.
Alongside the modern awards with existing delegate’s right clause, the Fair Work Commission has also inserted a delegates rights clause varying all 155 modern awards.
What is a workplace delegate?
A workplace delegate is a person elected or appointed in accordance with the rules of a union to be a delegate (ie representative) for employees who are eligible to be members of the union in a business. A workplace delegate can represent the industrial interests of employees and are entitled to ‘reasonable communication’ between employees which can take place during work hours.
A workplace delegate will also have the right to access private spaces to hold discussions and access to standard office facilities. Employers who are not a small business are required to allow workplace delegates to access paid training during normal working hours (subject to conditions).
What action do employers need to make?
How can the South Australian Business Chamber help you?
Contact our Business Advice Hotline on (08) 8300 0000 (select option 1) to discuss the terms and conditions and rights.
You can also speak with one of our Senior Consultants, WPR to:
