Workplace Delegates Rights

Your rights as a workplace delegate

Depending on your industrial instrument (modern award or enterprise agreement), and subject to the Fair Work Act, rights commonly include:

  • A right to represent the industrial interests of union members and those eligible to be members;
  • A right to reasonable communication with members and eligible employees during work hours, work breaks, or before/after work — including at inductions for new employees;
  • A right to reasonable access to the workplace and facilities (e.g., meeting rooms, noticeboards, electronic systems) to consult with members;
  • A right to reasonable paid training during normal working hours to attend training related to representing members’ industrial interests.

From 1 January 2025, every modern award and all new enterprise agreements must contain a delegates’ rights term. Instruments may differ — your minimum applicable entitlement must be honoured. A typical clause (for example, clause 24A in the Professional Employees Award) illustrates how these rights are framed. If you are in a state industrial system, different arrangements may apply.

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