Reminder: Delegates’ rights term to be included in enterprise agreements from 1 July 2024

The Fair Work Act 2009 (Cth) (FW Act) has been amended by the Closing Loopholes reform package and requires that a delegates’ rights term must be included in each modern award and enterprise agreement from 1 July 2024.

The delegates’ rights term gives effect to the new rights and protections contained at sections 350A and 350C of the FW Act which include, amongst others:

• an employer’s obligation to deal with workplace delegates, and
• the entitlement to represent the industrial interests of members, and any person eligible to be a member, including in disputes with the employer.

Where employees are asked to vote on an enterprise agreement from 1 July 2024, that enterprise agreement must include a delegates’ rights term which cannot be less beneficial than the term contained in the relevant modern award. Existing agreements which have been lodged with the Fair Work Commission for approval do not need to include a delegates’ rights term.

If you have any questions about enterprise agreements, please reach out to our Workplace Relations and Legal Team on 02 6175 5900.