Workplace Delegate’s Rights Guide

South Australian Business News • HR and workplace relations

Elisa Luck

Thursday, September 12th 2024

Did you know that the Fair Work Act now contains new rights and protections for workplace delegates when they are carrying out their role in the workplace?

Under the new provisions in the Fair Work Act, a workplace delegate now has the express right to:

represent the industrial interests of members, and any other persons eligible to be a member, including in a dispute with their employer;
reasonable communication with members, and any persons eligible to be a member, in relation to their industrial interests;
reasonable access to the workplace and workplace facilities for the purpose of representing those interests;
reasonable access to paid time for training, during normal working hours for the purposes of workplace delegate related training. This right does not apply though if the delegate’s employer is a small business. (i.e., employer with fewer than 15 employees at the time the delegate requests the training).

In addition to the new workplace delegates’ rights and protections in the Fair Work Act, all modern awards were varied by the Fair Work Commission (FWC) from 1 July 2024 to include a new term relating to the rights of workplace delegates.

All enterprise agreements put to a vote on or after 1 July 2024 will also be required to contain a delegate’s rights term.

If you want to find out more, South Australian Business Chamber members can access our Workplace Delegate’s Rights Guide plus other Guides here. These Guides are intended to help employers navigate these changes and offer practical advice for complying with new obligations.

It is important that employers are familiarised with these changes. These changes will affect a wide range of businesses across different sectors.

Need help?

Employers and businesses are strongly encouraged to seek individual advice tailored to their specific needs contact our Business Advice Hotline today on (08) 8300 0000 (select option 1).