A significant change is coming to enterprise agreements starting from 1 July 2024. Under the new amendments made by the Closing Loopholes Act, all enterprise agreements must now include a delegates' rights term.

Key Changes Effective 1 July 2024

1. Enterprise Agreements:

• All new enterprise agreements must incorporate a delegates’ rights term.
• If an agreement lacks this term, the relevant modern award's delegates’ rights term will automatically apply.
• Existing agreements or those already submitted for approval do not need to include this term.
• Agreements where the vote occurred before 1 July 2024, but approval happens on or after this date, are also exempt.

2. Modern Awards:

• Every modern award will be updated to include a delegates’ rights term.
• The determinations for these updates were published by 28 June 2024 and will take effect from 1 July 2024.

What if the Term in the Enterprise Agreement is Less Favourable?

If an enterprise agreement's delegates’ rights term is less favourable than that of the relevant modern award, the more favourable term from the modern award will prevail, rendering the less favourable term in the enterprise agreement ineffective.

Delegate Status Updates

Workplace delegates must notify employers in writing of their appointment or election. If requested, they must provide evidence of their status. They must also inform employers within 14 days if they cease to be a delegate.

Delegates’ Representation Rights

Delegates can represent employees in:

• Consultations on major workplace changes or roster changes.
• Dispute resolution.
• Disciplinary processes.
• Enterprise bargaining (if appointed as a bargaining representative).
• Any process or procedure related to industrial interests under an award, enterprise agreement, or employer policy.

Delegates’ Activities

Delegates can communicate with union members during work hours or breaks to discuss industrial and union matters.

Employer's Obligations to Delegates

Employers must provide delegates with:

• Access to a private meeting area.
• Physical or electronic noticeboards.
• Electronic communication means, including Wi-Fi.
• Secure storage facilities.
• Office equipment such as printers, scanners, and photocopiers.

Exceptions apply if these provisions are impractical due to operational requirements or unavailable facilities.

Workplace Rules for Delegates

Delegates must adhere to the employer's reasonable policies, including codes of conduct and workplace health and safety regulations. They must not obstruct work or prevent employees from exercising their rights.

Employers should not provide delegates with individual contact details of eligible employees without consent.

Stay Informed

We recommend subscribing to our updates to stay informed about these changes. For more detailed information, please contact our team at IgniteHR and Employment Law.

How Ignite HR & Employment Law Can Assist Employers with These Changes

Ignite HR & Employment Law is here to support employers in navigating the new delegates’ rights requirements. Our expert team can review your enterprise agreements and workplace policies, advise on your obligations to workplace delegates, and help you prepare for bargaining under the new rules.

Talk to us to understand your obligations
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