Updated 22 Mar 2024Print this page

The Closing Loopholes Act has introduced workplace delegates rights for employees. This gives employee union delegates the right to represent the interests of union members (and potential members), to reasonably communicate with employees and access workplace facilities. Employers (except for small business employers) must give delegates access to paid time to participate in delegate training.

Modern awards are in the process of being varied to include a delegate rights term and Ai Group is actively involved in these Fair Work Commission (FWC) proceedings. Enterprise agreements approved by an employee vote on or after 1 July 2024 must contain a delegates’ rights term.

Workplace delegate rights were extended to gig workers and contractors in the road transport industry (regulated workers) by the Closing Loopholes (No. 2) Act. However, these regulated worker delegates are not entitled to paid time to participate in delegate training.

Further information is contained within this Summary. 

Further assistance

Members can contact the Ai Group Workplace Advice Line on 1300 55 66 77 to discuss any matters arising under the Closed Loopholes Act, the Closing Loopholes (No. 2) Act or any workplace relations issue

Members can also access more detailed advice and assistance from Ai Group’s national team of workplace lawyers by contacting the Workplace Advice Line (see above) or emailing info@aigroupworkplacelawyers.com.au.

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