Closing Loopholes Act - Workplace delegates’ rights provisions

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Continuing our Closing Loopholes blog series, today we introduce the amendments made to enhance the rights and protections of workplace delegates.

What is a workplace delegate?

A person appointed or elected by a union to be a representative for union members working in a particular enterprise.

Key Dates & Changes:

15 December 2023 - effective for employees

Delegates secure reasonable access to communicate with members and to workplace facilities.
Workplace delegates gain specific rights to represent union members and potential members, particularly in disputes.
Non-small business delegates gain paid time for training, excluding regulated workers.
Employers are barred from unreasonably hindering delegate rights.

1 July 2024

Delegates' rights terms will be included in all modern awards and agreements
Workplace determinations made after this date will need to include a delegates' rights term

26 August 2024 - effective for regulated workers

A new general protection will be added to the Fair Work Act for workplace delegates representing:
- road workers
- certain employee-like workers.

Implications of these changes:

Strengthened delegate rights improve worker representation and aid in addressing safety and compliance issues.
Trained delegates play a crucial role in educating employees and facilitating dispute resolution.
For employers with over 15 employees, there may be an increase in wage expenses, to cover time spent in training.
Employers benefit from cooperative delegate structures, fostering positive workplace dynamics.

These amendments signal a significant stride towards empowering workplace delegates and fostering fairness and cooperation. Through robust rights and protections, employees are better supported in upholding their workplace rights.

Please feel free to reach out to a member of the Employii team and we can assist you with this or any questions you may have. We are contactable via [email protected] or give us a call on 0401 510 559.

There are more Closing Loopholes updates to come!

Author: Jess Roughsedge & Sergio Luna

Closing Loopholes Act - Workplace delegates’ rights provisions

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