New workplace rules increase union rights

One of many changes to the Fair Work Act and subsequently the Awards brought about through the Government’s “Closing the Loopholes” legislation is to enhance the rights of union delegates in the workplace. The awards do already contain certain rights for representatives to be involved in consultation processes affecting an employee’s rights, but the new laws extend this considerably. 

A workplace delegate is an employee who has been appointed as such by the relevant union or elected by the union members in a workplace. 

Under the new laws, a workplace delegate must be allowed to

                -represent the industrial interests of their members and any other employees eligible to be a member of the union,

                - have reasonable communication with employees who are members of the union or entitled to be a member, and 

                -access the workplace to facilitate such duties, including, if practicable, access to a noticeboard, and copying facilities.

If the employer has 15 or more employees, then they must also allow the workplace delegate to attend training during normal working hours without loss of pay. For a small business with fewer than 15 employees, the workplace delegate can attend training in their own time. 

It will be an offence under the awards and the legislation for an employer to unreasonably interfere with a workplace delegate’s rights to act, however, the employer can interfere if the actions of the workplace delegate is contrary to workplace health and safety requirements or breaches other laws such as bullying or harassment.

One of the new rights will be the provision that allows a workplace delegate to represent an eligible employee in a disciplinary matter, including the right to talk on the employee’s behalf. This is distinct from a ‘support person’ who is not a spokesperson. An employer cannot refuse a workplace delegate from attending disciplinary meetings and speaking on behalf of the employee and will face possible penalties if they do so. However, the employer is also entitled to have a representative present, and this would be advisable in these circumstances. 

As an employer you must not:

• Unreasonably fail or refuse to deal with a workplace delegate,
• Knowingly or recklessly make a false on misleading misrepresentation to a workplace delegate,
• Unreasonably hinder or obstruct a workplace delegate exercising their rights. 

Whilst it is unclear as to how these new rights will affect employers, unions will likely take full advantage of these new laws if for no other reason than to increase their membership.