New rights and protections for site union delegates

As part of the Closing Loopholes Act amendments, from 1 July 2024, all Modern Awards and newly made Enterprise Agreements will include a new standard clause prescribing that Workplace (site union) Delegates will have the right to actively, directly represent the industrial interests of both union members and potential members in the workplace.

This includes the right of a Delegate to represent employees in disputes with their employer.

Delegates will:

• Have the right to communicate with Union members and potential members about their industrial interests
• Be given reasonable access to the workplace and facilities to represent those interests
• Be entitled to reasonable paid time off (during normal working hours) for training related to their role as a Union delegate (unless the employer is a small business employer). What is considered reasonable will depend on factors such as the size and nature of the business, the employer's resources and the facilities