Closing Loopholes Act - Delegates' Rights Added to Modern Awards

act changes closingloopholes fairworkcommission modernawards nsw nt rights sa tasmania union vic wa workplace workplace delegates Jun 21, 2024

Changes to Delegates' Rights - Here's what you need to know!

From 1 July 2024 we will see delegates' rights terms included in all Modern Awards. Any Enterprise Agreements and workplace determinations made after this date will also need to include a delegates' rights term.

So what does this mean?

Workplace delegates will be provided with specific rights to represent the industrial interest of current and potential union members, including disputes with their employer.

These changes are an added protection for workplace delegates, preventing employers from unreasonably refusing to deal with them, misleading them or hindering and obstructing the exercise of their rights as a delegate.

Specific rights include, reasonable access to:

communicate with union members about industrial concern;
workplace facilities; and
paid time for related training (not applicable for small business employers or regulated workers).

How will this change affect Delegates', Employee & Employers?

Workplace delegates' will see an increase in:

support and a strengthened ability to perform their role in the workplace; and
representation to address safety and compliance issues.

Employees will benefit from working with workplace delegates who;

are highly capable and well trained;
can provide effective representation; and
can help them to understand and enforce their workplace.

Employers will benefit from:

having strong, cooperate delegate structures in place; and
utilising these structures to resolve disputes and facilitate change.

Timeline of changes:

15 December 2023 - Introduction of delegates' rights for employees commenced

1 July 2024 - Delegates' rights terms to be included in all modern awards.

26 August 2024 (or earlier) - Changes for regulated workers who are delegates will commence

If you would like to discuss any of the Closing Loophole changes, please feel free to contact the Employii team via employii@employii.com.au or give us a call on 0401 510 559.

We will be posting further Closing Loopholes updates and other HR changes via our social media platforms. Connect with us by clicking on the below social media platforms, for free downloadable resources and regular HR updates!

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Author: Jess Roughsedge (HR Officer)

References:

AGEWR (Australian Government on Department of Employment and Workplace Relations) (2024) Closing Loopholes: Enhancing delegates' rights, Australian Government, accessed 17 June 2024. https://www.dewr.gov.au

FWC (Fair Work Commission) (2024) Closing Loopholes Act - What's changing, Fair Work Commission, accessed 17 June 2024. https://www.fwc.gov.au/about-us/closing-loopholes-acts-whats-changing

Closing Loopholes Act - Delegates' Rights Added to Modern Awards

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