Reps’ Rights boosted – a huge win for unionists

The essential role of union Reps is at last getting the recognition and protection it deserves in law, thanks to the Federal Government’s Closing Loopholes legislation.

This legislation amended the Fair Work Act to codify the rights of elected union Reps to communicate with and represent their colleagues and to access paid leave for training related to their role.

As of July this year, all Awards will be varied to include a clause which further clarifies these rights. While the clause proposed by the Fair Work Commission is still in draft form, it contains important provisions in a number of key areas:

Training

All Reps in organisations with 15 or more employees will have an upfront entitlement to 5 days of paid leave for training, with a further 1 day of paid leave for every subsequent year in the role.

While the IEU has negotiated paid Rep training in both Victorian and Tasmanian Catholic Agreements and some independent school Agreements, for the first time this means that Reps in almost every IEU workplace will be entitled to paid training leave. This is a huge win for members in hundreds of our workplaces, who now have a new entitlement to a Rep who can gain the knowledge and confidence they need to perform their critical role effectively.

Communication

Reps will for the first time have the codified right to reasonable communication with all colleagues (members and potential members), both individually and collectively, about industrial matters and about union membership. This includes the right to communicate using electronic means ordinarily used by the employer.

This will at last put an end to the unfortunate debates in some workplaces about the right of the elected Rep to use the workplace email system, or to communicate with non-members about unionism or industrial issues.

Access to workplace facilities

The draft clause codifies the right of Reps to use facilities including a noticeboard, a private accessible room for discussions, office equipment such as printers and photocopiers, secure storage and email systems.

While all reasonable workplaces already provide most of these facilities to Reps on request, to have this entrenched as a right rather than as a favour (which can be rescinded) makes a real difference to the legitimacy of the work of our Reps.

Industrial representation

The draft clause also entrenches the right of elected union Reps to represent the industrial interests of their colleagues in bargaining, disputes, consultation around change, grievance procedures, disciplinary procedures, or any other process in which there is an employee entitlement to representation.

Rep protections and employer obligations

The changes also introduce a general protection for Reps when carrying out their role at a workplace and prohibit employers from unreasonably failing or refusing to deal with them, knowingly or recklessly misleading them, or hindering them in their role as delegates.

Every IEU member knows the importance of having an empowered, informed, trained Rep – this is arguably the most important role in the whole union structure. IEU Reps go above and beyond on behalf of their colleagues (in addition to their day job!), often in very trying circumstances.

This long-overdue legal recognition of their critical role and their fundamental rights and entitlements is very welcome and will significantly boost your union’s ability to support and advocate for members right across our diverse sector.

Once the Award clauses are finalised, we will communicate further with IEU Reps and members about these important changes – stay tuned!