By Catherine Ngo Content writer, presenter and podcaster

Recent changes to the Fair Work Act Closing Loopholes amendments have expanded the rights of workplace delegates. These changes now include regulated workers in the scope of workplace delegates' rights.

Here are some frequently asked questions about workplace delegates. 

What is the difference between a Workplace Delegate and a Union official?

A workplace delegate, also known as a union delegate or union rep, is an elected or appointed worker representative for union members within their workplace. 

Their primary responsibility is to safeguard the industrial interests of current and prospective union members. This includes representing members in disputes with their employer or hirer.

Whereas a union official is someone who works for the Union (i.e. on their books). Union officials can enter workplaces only for the reasons outlined in the Fair Work Act 2009 and Work Health and Safety Act 2011. However, they must have a current permit to enter a workplace.

What are the Responsibilities of Workplace Delegates?

Workplace delegates serve as advocates for the workplace interests of union members and potential members. They represent workers in various situations, including:

  • Consultation regarding significant workplace changes, rosters, or working hours.
  • Resolution of disputes between employees and employers.
  • Disciplinary processes involving union members.
  • Enterprise bargaining, where they negotiate collective agreements for wages, working conditions, and other terms of employment.
  • Any other process or procedure outlined in awards, agreements, or policies where eligible employees have the right to be represented and which directly impacts their industrial interests.

Workplace delegates can be covered by an award, be award-free, or be regulated workers. Award-free and regulated worker workplace delegates receive their entitlements from the Fair Work Act. However, award-covered workplace delegates receive their entitlements from both the Fair Work Act and their award.

Workplace delegates are entitled to reasonable:

  • Communication with union members and potential members about workplace matters.
  • Access to workplace facilities.

In certain situations, employers are not required to provide access to a workplace facility, such as if the workplace lacks the facility or if providing access is impractical due to operational requirements.

Are There Training Entitlements for Workplace Delegates?

Some workplace delegates are eligible for paid time off during typical working hours to receive training relevant to their delegate roles. However, there are some exemptions.

The entitlement to paid training time does not apply to delegates who:

1. Are employed by a small business with fewer than fifteen employees at the time of training.

2. Are regulated workers which includes "employee-like" workers performing on digital platforms (i.e. gig economy) and regulated road transport contractors.

The reasonableness of workplace delegates' training entitlements depends on various factors, including:

1. The size and nature of the business.

2. The resources available to the employer or hirer.

3. The facilities available at the workplace.

Employers must inform the delegate at least two weeks before the training start date whether they can access paid training time. Employers cannot unreasonably deny the delegate's request. Employers may ask the delegate for an outline of the training content and proof of attendance.

How Can Workplace Delegates Communicate with Members? 

Workplace delegates can communicate with union members and potential members in various ways and at different times. Communication methods may include, but are not limited to:

1. Face-to-face meetings or discussions.

2. Posting information on notice boards.

3. Utilising the work email system.

Communication can occur during working hours, on work breaks, or outside of work hours.

Are There Any Specific Workplace Delegate Protections?

Employers and hirers cannot act adversely against employees acting as workplace delegates due to their delegate role. Employers are prohibited from:

  • Unreasonably failing or refusing to engage with workplace delegates.
  • Knowingly or recklessly making false or misleading statements to workplace delegates.
  • Unreasonably preventing union delegates from applying their rights under the Fair Work Act or a fair work instrument.

Adverse actions can include terminating employment, harming an employee during work, or making disadvantageous changes to a worker's job.

Courts can impose legal penalties, such as fines or other sanctions, on employers or hirers who take adverse actions against employees due to their role as workplace delegates.

Please note: The Fair Work Ombudsman investigates allegations of adverse action taken against workplace delegates. The Fair Work Commission resolves disputes related to general workplace protections, including the rights of workplace delegates.

What are the Notice Requirements for Delegate Award Entitlements?

Before a delegate can access any entitlements, they must provide their employer with written notice of their appointment or election as a delegate. An employer may request evidence of the delegate's appointment or election. If an employee ceases to act as a delegate, they must notify their employer in writing within fourteen days.

Need advice on awards and Union delegates?

My Business Workplace helps businesses navigate HR and the workplace. Please contact the Workplace Advice Line for questions regarding union delegates and applicable award as well as the recent legislative changes. Call 1800 505 529 (9am to 5pm AEDT).