The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) amended the Fair Work Act 2009 (Cth) to include a new workplace right for employees who are workplace delegates. This took effect on 15 December 2023.

The Fair Work Act 2009 (Cth) was also amended to require the Fair Work Commission to make a determination to vary modern awards to include a workplace delegates’ rights term by 30 June 2024.

On 28 June 2024, the Fair Work Commission published its statement setting out the content of the delegates’ rights term to be inserted into all awards. It also issued determinations varying individual modern awards to include the term from 1 July 2024.

This Member Advice provides a summary of the content of this new modern award term and its implications for employers.