Navigate the new workplace laws with the Australian Industry Group.

What support and recognition do I need to provide to my employees and other regulated workers when they become union delegates?

The Government has created new rights for union delegates which employers (particularly medium to larger sized employers) and businesses who engage gig workers and contractors in the road transport industry need to be aware of.

These changes are relevant not only to highly unionised workplaces with long standing union delegates (also known as shop stewards) but also those that (a) may see delegates elected for the first time following these changes, or (b) may be ‘organised’ by unions seeking to expand their coverage and influence.

Employees acting as onsite union delegates have long enjoyed protections against dismissal or detriment based on their union activities. Recent legislative amendments have created additional rights for union delegates who are either employees or newly ‘regulated workers’ (gig workers and road transport contractors).

Union delegates have new rights to represent the interests of union members (and potential members) at workplaces, to reasonably communicate with employees, and to reasonable access to workplace facilities.

Employers (except for small business employers) must also give delegates reasonable access to paid time away from work to participate in delegate training.

Award Clauses on Union Delegates

From 1 July 2024 awards have provided additional detail and prescription on employers’ obligations to union delegates, including:

• The matters upon which delegates may represent other employees.
• Delegates’ rights to communicate with their fellow employees.
• Which facilities delegates should have access to, and in which circumstances.
• How many days paid training (paid days away from work) each delegate is entitled to, how they should be paid, how many delegates can access paid training in larger workplaces and supporting notice and evidentiary requirements.
• Employer obligations in dealing with union delegates, and delegates’ obligations.

As a result of these changes, awards governing employment in both unionised and un-unionised workplaces now offer specific rights and benefits to union delegates. This may make it more likely that a wider range of employers will receive requests for union representation, and union delegate recognition and support, and need to comply with these new obligations.

Agreement terms for delegates

New enterprise agreements must also contain delegates' rights clauses, which must be no less favourable than the delegates' rights term in an award. It is anticipated that some unions will seek to use enterprise agreement clauses concerning union delegates to remove or reduce the caps, limitations and balances on delegates rights that have been included in the award clauses.

Gig workers and transport contractors

Delegate rights have also been extended to gig workers and contractors in the road transport industry. However, worker delegates are not entitled to paid time to participate in delegate training.

What businesses need to know

Medium and larger-sized businesses in particular need to be familiar with the new delegates' rights obligations, even where they do not presently have on-site delegates, or a majority of their employees are not union members.

Ai Group’s expert team is available to help employers understand and implement the new obligations to union delegates. Ai Group can provide assistance to:

• Businesses whose workplaces already elect union delegates, with unions already actively briefing their existing delegate networks on the new rights and obligations.
• Businesses whose workplaces unions are seeking to organise and have elect union delegates for the first time.
• Businesses whose employees have been newly elected as delegates.
• Businesses in which delegates are seeking to exercise their new rights, seeking to access facilities, seeking access to paid training leave, etc.
• Businesses embarking on bargaining and needing to negotiate delegates’ rights clauses for inclusion in enterprise agreements.
• Road transport and gig economy businesses.

Further assistance

There are many ways Ai Group can help you to prepare for and navigate the changes to the law on union delegates.

Ai Group members can:

• Contact the Ai Group Workplace Advice Line on 1300 55 66 77 for free telephone advice workplace relations issues, including all aspects of the new workplace laws as well as interpretation of awards and enterprise agreements.
• Access our HR Resource Centre, which includes
• A Factsheet on the union delegates changes 
• A series of written advices and reports regarding the development of the new laws
• Guides to the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and Guide to the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024.
• Access a range of briefings, conferences and webinars covering changes to workplace relations laws and a raft of other resources
• Access to Ai Group's ‘annotated awards’ services that have information on how key clauses in modern awards should be interpreted.
• Obtain personalised advice and assistance from Ai Group’s national team of workplace lawyers.

Not a member? Request a call or get in touch on 1300 55 66 77.

Ai Group & Ai Group Workplace Lawyers can also provide more detailed assistance on workplace issues, including employers’ new obligations to union delegates.