Workplace delegates

Find out more about the rights and responsibilities of workplace delegates.

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About workplace delegates

Workplace delegates are union members who are elected or appointed by the union to represent the industrial interests of other members, including in disputes about work.

They can be employees or regulated workers.

Workplace delegates represent other employees or regulated workers who are union members or eligible to be union members, and who:

Rights and protections

Delegates’ rights and protections come from the Fair Work Act. However, awards, agreements and workplace determinations may provide more specific rules related to rights and protections for workplace delegates.

Delegates are entitled to:

What is considered reasonable depends on factors including the:

  • size and nature of the business
  • resources of the employer
  • facilities available at the workplace.

Employers must not:

  • unreasonably fail or refuse to deal with delegates
  • knowingly or recklessly make false or misleading statements to delegates
  • unreasonably hinder, obstruct or prevent delegates from exercising their rights under the Fair Work Act or a Fair Work instrument.

Tip: Remember to follow reasonable policies and procedures

Delegates covered by an award must follow reasonable policies and procedures in exercising their delegate rights. Employers and hirers must also act lawfully.

Professional and harmonious relationships between employers or hirers and delegates often lead to better outcomes for both businesses and workers. This applies particularly when difficult conversations must happen.

For strategies and advice on how to have difficult conversations in the workplace, take our free online course on Difficult conversations in the workplace.

Adverse actionAn action taken by an employer, employee, contractor or industrial association, which may be unlawful depending on the reason for the action. For example dismissing an employee for taking industrial action. can’t be taken against workers because they have workplace rights, including delegates rights.

Engaging in this kind of conduct will breach the Fair Work Act. For more information, visit Protections at work.

Example: Workplace delegates’ rights

Layla is a workplace delegate for her union.

As a delegate, Layla wants to run a short presentation on what employees can expect once bargaining starts for their new enterprise agreement. She also wants their input on the issues that are most important to them.

Layla schedules a 30-minute meeting during the employees’ lunch break in the meal break area on-site.

At the time of the meeting, Layla finds that the employer has locked the break room. The break room is normally left open during lunch.

When Layla approaches her employer, he says he locked the break room because he didn’t want Layla talking with other colleagues about bargaining while they’re at work.

The employer’s actions are a breach of the general protections for workplace delegates and are unlawful. This is because the employer has:

  • unreasonably prevented Layla from access to workplace facilities to represent the industrial interests of members
  • unreasonably interfered with Layla’s right to reasonable communication with members and other workers eligible to be members in relation to their industrial interests.

The employer may also have breached an award or agreement term that provides for the exercise of workplace delegates’ rights.

Awards

All awards include a term outlining the rights and responsibilities of delegates.

The award rules cover topics including:

Tip: Access your award

If you would prefer to read the rules in your award, access a copy at List of awards. Then, look for the clause called ‘Workplace delegates’ rights’.

Unsure of your award? Use our Pay and Conditions Tool and select your industry and occupation to see which award you’re covered by.

Notice requirements

Before a delegate can access any delegate award entitlements, they must first give their employer written notice of their appointment or election as a delegate.

An employer can request evidence that would satisfy a reasonable person of the delegate’s appointment or election.

If an employee stops acting as a delegate, they must give written notice to their employer within 14 days.

Representation

Delegates can represent the industrial interests of their members and other eligible workers if they wish to be represented. This includes in any process or procedure that workers are entitled to be represented in.

Delegates can represent members and eligible workers in:

Example: Representation during major workplace changes

Jamal works for a large pest control company and is covered by the Pest Control Award. He’s also a workplace delegate.

The company is planning to restructure its operations, which will affect many employees’ roles and responsibilities.

Under the rules in his award, Jamal is entitled to represent the employees during the consultation process about these major workplace changes. He organises a meeting with the affected employees to hear their concerns.

Jamal then attends the consultation meetings with management. As a delegate, Jamal represents the employees and negotiates on their behalf to ensure their views are considered in the restructure.

Communication

Delegates can communicate with workers about union membership and issues in which the delegate can represent them. For example, enterprise bargaining or major workplace changes.

Delegates can communicate with workers:

  • during working hours or breaks
  • before or after work.

Example: Communicating about union membership

Hana works for a large storage company and is covered by the Storage Services and Wholesale Award. She’s also a workplace delegate.

Under her award, Hana has the right to communicate about union membership with her colleagues.

Hana schedules a series of meetings during lunch breaks to provide information to prospective members about union membership.

Hana’s employer also must provide her with access to the company noticeboard. After he gives her access, Hana pins a poster up with details about how to join the union.

Access to workplace facilities

Employers must generally give delegates reasonable access to workplace facilities and reasonable use of equipment. This can include:

  • a private room for discussions
  • noticeboards
  • secure document storage
  • equipment such as printers and photocopiers
  • access to electronic communication that the employer ordinarily uses to communicate with workers (for example, email).

An employer doesn’t have to provide access to workplace facilities when:

  • the workplace doesn’t have the facilities
  • it’s impractical to provide access to these facilities at the time they’re wanted due to operational requirements, or
  • the employer doesn’t have access to site facilities and isn’t able to get access after taking reasonable steps to do so.

Some awards have specific requirements for delegates accessing workplaces. To check your award, go to Awards.

Example: Accessing the workplace and facilities

Mohammad is a delegate at a retail clothing store. He and his co-workers are covered by the General Retail Industry Award.

Mohammad’s co-worker, Elisha, has a dispute with her employer about her new work roster. Elisha feels the roster is unfair and will impact her caring responsibilities.

Elisha tries to resolve the issue with her manager but isn’t successful. She then asks Mohammad to help represent her in his role as workplace delegate.

Mohammad speaks to their employer and requests the use of a private meeting room to discuss Elisha’s concerns. This request is allowed under workplace delegate rules in the General Retail Industry Award.

Training

Delegates employed under an award are entitled to paid time off for initial and annual training where applicable (unless they work for a small business employerA small business employer is an employer with fewer than 15 employees at a particular time. If an employer has 15 or more employees at a particular time, they are no longer a small business employer. When counting the number of employees, employees of associated entities of the employer are included. Casual employees are not included unless engaged on a regular and systematic basis. ). This is subject to the delegate:

  • giving a minimum of 5 weeks’ notice to attend, unless a shorter period is agreed with their employer
  • providing an outline of the training content if requested, and
  • providing evidence of attendance within 7 days.

This includes up to 5 days of initial paid training and at least one additional day annually.

The employer must advise the delegate at least 2 weeks before the training is due to start whether the request has been approved. The employer must not unreasonably withhold approval.

Training during normal working hours is paid at the same rate the delegate would have been paid if they’d been rostered to work. This includes any penalty rates or loadings the employee might have otherwise received.

The number of delegates entitled to paid training is limited to one delegate per 50 eligible employees each year. This resets on 1 July each year.

Training entitlements don’t apply to small businesses.

Example: Paid training for delegates

Elena is a newly elected delegate at a medium sized vehicle repair company.

Under the workplace delegates rules in the Vehicle Award, Elena is entitled to 5 days of paid leave to attend initial delegate training.

Elena submits a training course outline as requested by her employer, Mark, who then approves the training.

After completing the training, Elena provides evidence of attendance to Mark within 7 days.

Other requirements under award terms

When exercising their entitlements under a delegates rights term in an award, a delegate must:

  • comply with the employer's reasonable workplace policies and procedures, and
  • not hinder, obstruct or prevent other workers’ right to freedom of association.

A delegate must also, except when they are reasonably exercising those entitlements:

  • follow all their duties and obligations as an employee
  • not hinder, obstruct or prevent the normal performance of work.

An employer also has important obligations to follow when dealing with workplace delegates.

Access a copy of your award from our List of awards page to find the entitlements for workplace delegates.

Agreements and workplace determinations

Agreements (like enterprise agreementsAn enterprise agreement sets out minimum employment conditions and can apply to one business or a group of businesses. ) and workplace determinations must include a term that provides for workplace delegates’ rights.

During the approval process for an enterprise agreement, the Fair Work Commission (the Commission) must consider the delegates rights rules in the agreement. If it would be less favourable than the rules in the award that would otherwise apply, then the more favourable rules apply. Learn more about:

The Commission is the national workplace relations tribunal and registered organisations regulator.

Regulated workers who are delegates

Regulated workers are independent contractors (contractors) who have additional rules that apply to them. They aren’t employees.

There are two types of regulated workers:

  • regulated road transport contractors
  • employee-like workers engaged through a digital labour platform.

Regulated workers have the right to be a workplace delegate representing the interests of other regulated workers.

Regulated workers are engaged by regulated businessesA business that hires contractors in the road transport industry or a digital platform operator who enters into or facilitates a services contract under which employee-like workers perform work.. Regulated businesses can engage both regulated workers and employees.

Rules about delegates rights for regulated workers are similar, but not the same as the rules for employees. For more information, visit Regulated workers.

Source reference for page: Fair Work Act 2009 sections 12, 149E, 205A, 273, 350A–350C

Tools and resources

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