b"CLOSING LOOPHOLESWORKPLACEDELEGATE RIGHTS When: 30th June 2024/1st July 2024Delegate Rights Terms in Enterprise Agreements Key Changes:At the enterprise agreement level, all agreements whichA workplace delegate is a person appointed or elected commence their access period from 1 July 2024 need toby an employee organisation (e.g. a union) to be a haveadelegatesrightsclausewhichisatleastasdelegate or representative for members working in a favourableastheclausewithinanyAwardthatwouldparticular enterprise.otherwise apply to the employee. Delegates Rights Terms in Modern Awards Right of Entry Changes -New Grounds for ExemptionCertificatesBy 30 June 2024 a delegates rights term is to be From 1 July 2024, the Fair Work Commission (FWC) canincluded within all Awards. These terms must ensure issue an exemption certificate that allows a union officialthat a workplace delegate is entitled to:to enter a workplace without giving the usual 24 hours'reasonable communication with members and noticein a broader set of circumstances.persons eligible to be members in relation to theirindustrial interests;Previously, exemption certificates were only available ifreasonable access to the workplace and workplace the FWC reasonably believed that advance notice mightfacilities for the purpose of representing members leadtothedestruction,concealmentoralterationofand potential members interests; andrelevant evidence.unless the business is a small business, reasonableaccess to paid training during normal working Now, a new ground has been added. The FWC may alsohours for the purpose of their role as a workplace issue an exemption certificate where:delegate.if it is satisfied that the suspected contravention, orAt an individual delegates rights level, there are newcontraventions, involve the underpayment of wages,workplace rights under the banner of industrialor other monetary entitlements, of a member of theactivities dened for workplace delegates. Anunion whose industrial interests the union is entitledemployer of a workplace delegate must not:to represent and who performs work on the relevantunreasonably fail or refuse to deal with the premises; and workplace delegate;the FWC reasonably believes that advance notice ofknowingly or recklessly make a false or the entry given by an entry notice would hinder anmisleading representation to the workplace effective investigation into the suspecteddelegate; orcontravention.unreasonably hinder, obstruct or prevent the This change strengthens unions ability to act quickly inexercise of the rights of the workplace delegate underpayment matters. Employers should expect an(i.e. the right to reasonable communication, increase in unannounced visits in wage-relatedreasonable access to facilities and reasonable investigations. Permit holders must still provide a copy ofaccess to training for their role as a delegate).the exemption certificate to the employer either before,or as soon as practical after entry.Page | 9IR Update July 2025"