New rights for workplace delegates: Understanding the Fair Work Legislation Amendment 2023

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 amended the Fair Work Act 2009 (FW Act) to provide new rights for workplace delegates.

What is a workplace delegate?

A workplace delegate is a person appointed or elected under the rules of a union to be a delegate or representative for members of the union who work in a particular business.

The new laws require employers to allow workplace delegates to:

• represent the industrial interest of their members, and any other persons eligible to be such members, including in disputes with their employer;

• communicate with employees who are current and prospective union members at the workplace; and

• access the workplace to facilitate the delegate's duties.