Think tank endorses new delegate rights
The Australia Institute’s Centre for Future Work has concluded that new rights for volunteer union delegates (Reps) will make workplaces more cooperative.
Under the changes to Fair Work Act, coming into effect from 1 July 2024, Reps now have a clear right to represent the industrial interests of members or persons eligible to be members. To do so, they are also entitled to:
reasonable communication
reasonable access to the workplace and workplace facilities
reasonable access to paid time during normal working hours to attend related training.
The Centre for Future Work’s Carmichael Centre analysis found employees wanted their union to cooperate with employers and vice versa, and that giving workplace delegates a greater voice made this more likely.
“Those who claim that guaranteeing the rights of union delegates must lead to greater conflict are dead wrong,” said research fellow Professor David Peetz, and author of Employee voice and new rights for workplace union delegates.
“Workers expect their union and employer to cooperate effectively to solve problems, and reach agreements over pay and conditions, in both parties’ mutual interests.
“Well trained delegates are best placed to represent workers. They don’t acquiesce but they do cooperate. After all, they know it’s in workers’ interests for workplace productivity to rise.”
The paper found that strong representation and consultation made workers less resistant to innovations which can boost productivity, including the use of artificial intelligence.
The ACTU says that by introducing these rights, the Albanese Government and Australian Parliament “have recognised the critically important work of delegates, and the tremendous barriers they can face at work”.
Rep’s rights are vital to organising successful workplace outcomes.
Workplace delegates now also have important new protections. An employer of a workplace delegate must not:
unreasonably fail or refuse to deal with the workplace delegate
knowingly or recklessly make a false or misleading representation to the workplace delegate
unreasonably hinder, obstruct or prevent the exercise of the rights of the workplace delegate.
A breach of these provisions can attract a civil penalty, and the onus is on the employer to prove that they didn’t breach these protections.
A workplace delegate or Rep can represent a members’ “industrial interests”.
At a minimum this includes:
resolution of disputes
disciplinary processes
consultation about major workplace change or changes to rosters or hours of work
enterprise bargaining where the workplace delegate is assisting the union
any process or procedure in which the employees are entitled to be represented.
But it would also include such things as lobbying a government for more funding for a delegate’s sector, signing up members to the union, or organising protected industrial action.
The ACTU on making the most of the new rights for delegates.
“These are new, important and broad rights. Some employers will, no doubt, adopt a narrow or incorrect interpretation of what they mean.
“The union movement needs to set clear and positive precedents about how they apply in practice, particularly on the question of “what is an industrial interest?” and whether or not an employer is interfering with the exercise of a delegate’s right.
“This will require the movement coordinating to take forward the best cases to win the best possible precedents for delegates. Please contact your union if you have any questions about this.”
As always, if you have any questions about this or any other questions relating to the role of the Rep in your workplace, please contact your Organiser or the IEU Office.