The Federal Government’s overhaul of workplace laws has triggered changes to the workplace delegate definition and rights, as well as right of entry powers.
Our experts explain what you can expect from the changes and how to best prepare.
The Fair Work Act (FW Act) has a new definition of workplace delegate:
A person appointed or elected, in accordance with the rules of an employee organisation, to be a delegate or representative for members of the organisation who work in a particular enterprise.
These provisions became law on December 14, 2023, but are not due to take effect until July 1, 2024. Once in force, a delegates’ rights term must be included in:
The draft modern award terms were issued on May 10 and were open to feedback until May 17. Final determinations will be published by June 28 and will be in operation from July 1.
Wins for employers:
Losses for employers:
It’s important to stay informed as to what the final determinations will be. Subscribe to updates here.
CCIWA recommends implementing a policy to set parameters around delegates exercising their rights, to help manage these new rights whilst still maintaining compliance with the FW Act and modern awards.
Since December 15, 2023, union officials can enter workplaces to assist health and safety representatives with workplace health and safety matters more easily.
In addition, from July 1, 2024, they will have the ability to enter workplaces without notice for suspected underpayments.
Both of these right of entry provisions are similar to what was already in place and the effect the full extent of these changes will have remains to be seen.
CCIWA’s Right of Entry course explores the requirements for right of entry under the FW Act and provides practical techniques and strategies to help employers effectively manage the process.
Contact our Employee Relations Advice Centre for more information about how CCIWA’s employment lawyers and HR consultants can assist with this on (08) 9365 7660, or via [email protected] .