The workplace is an ever-evolving environment, and employers may be hard pressed to stay up to date on all the changes. The Master Builders ACT has recently received a number of enquiries about the role and responsibilities of a workplace delegate. While this subject has recently seen some changes, the Workplace Team is here to clarify.
What is a workplace delegate?
The Fair Work Act 2009 (Cth) (‘the Act’) defines a workplace delegate as a person appointed or elected, in accordance with the relevant rules of an employee organisation, to be a delegate or representative of:
- Members of the employee organisation who work in a particular enterprise; and/or
- Members of the employee organisation who perform work for, or that has been arranged or facilitated by, a particular regulated business.
The workplace delegate is entitled to represent the members of the employee organisation, or any person eligible to be a member, in the following areas:
- Industrial interests; and
- Disputes with the employer or regulated business.
What are the entitlements of a workplace delegate under the Act?
The workplace delegate is often an employee of the company and must perform the duties as stipulated in the employment contract, however there are some additional entitlements that comes with being elected as a workplace delegate.
These include:
- Reasonable communication with members, or eligible persons, about their industrial interests; and
- To represent those industrial interests, a workplace delegate may:
- Reasonable access to the workplace and facilities where the enterprise is carried out;
- Reasonable access to paid time, during normal working hours, for the purpose of related training. This is not applicable to small businesses.
Responsibilities of a workplace delegate:
- If elected, a workplace delegate must provide the employer with written of election before exercising any of its entitlement. The employer may request evidence of such election as a workplace delegate.
- An employee who ceases to be a delegate must notify its employer within 14 days.
What does the Award say?
The Building and Construction General On-Site Award provides some additional entitlements for a workplace delegate, including rights of representation:
Rights of representation:
The workplace delegate may represent the industrial interests of an eligible worker in matters including:
- Consultation about major workplace changes
- Consultation about changes to rosters or hours of work
- Resolution of disputes
- Disciplinary processes
- Enterprise bargaining, if elected as representative
- Any process or procedure contained within an Award, enterprise agreement or workplace policy.
Entitlement to reasonable communication and access:
In addition to the entitlement in the Act, a workplace delegate may:
- Discuss membership of the delegates employee organisation;
- Communicate with eligible workers during working hours or work breaks, before or after work;
- The employer must provides access to or the use of facilities to hold discussions, provide a physical or electronic notice board, use of electronic communication platforms and wifi and a lockable filing cabinet; and
- Up to 5 days of initial training, with refresher training of one day each subsequent year. The training must be provided during normal working hours.
Workplace delegate’s obligations in the workplace:
A workplace delegate, when exercising entitlements, must:
- Comply with reasonable policies and procedures of the employer;
- Not hinder, obstruct or prevent eligible workers from exercising their rights to freedom of association;
- Comply with their duties and obligations as an employee; and
- Not hinder, obstruct or prevent the normal performance of work.
While the entitlements and obligations seem self-explanatory, complex situations may arise that require further understanding.
If you have any questions about workplace delegate’s obligations or entitlements, please contact the Workplace Relations Team:
📞 (02) 6175 5900
📧 workplace@mba.org.au
