CER update - Inclusion of workplace delegates' rights in awards and agreements

From 1 July 2024, delegates' rights terms will be included in all modern awards. Enterprise agreements and workplace determinations made after this date will also need to include a delegates' rights term. This is due to changes arising from the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. 

This change provides legislative rights for workplace delegates. Workplace delegates are entitled to reasonable communication with current members and persons eligible to be members about their industrial interests, and reasonable access to the workplace and facilities. Determining what is 'reasonable' will depend on individual circumstances.

What does this mean for Enterprise Agreements?

This change will apply where employees vote from 1 July 2024. If the agreement does not include a delegates' right term, the term in the relevant modern award will be included.

Employers who have any questions in relation to how this will affect their workplace operations, please contact us directly (02) 9189 5999 or email enquiry@cer.catholic.org.au.

The CER team