IEU members will have an even greater voice at work thanks to new workplace delegate provisions in the Fair Work Act.
IEU-QNT Assistant Secretary/Treasurer Paul Giles said the changes to the Act ensure new workplace rights and protections for union delegates.
“These amendments form the base level of entitlements and protections,” Paul said.
“Under the new provisions, workplace delegates are entitled to represent the industrial interests of union members or persons eligible to become union members,” he said.
Greater protections
For IEU members, the changes mean those elected in IEU Chapter Representative roles will have these new protections at work.
This means having these enforceable rights at work when it comes to:
- Representing members’ industrial interests, including in disputes;
- Reasonable communication with members and potential members about their industrial interests;
- Reasonable access to the workplace and facilities to represent those interests; and
- Reasonable access to paid time (during normal working hours) for training related to their role as a delegate (unless the employer is a small business).
Paul said these changes will give IEU members a greater opportunity to have their voices heard on the issues they face at work.
“IEU Chapter Representatives can be secure in the knowledge that their work is now protected as a right under the law,” he said.
Employer responsibilities
Under the new legislation employers are prohibited from:
- unreasonably failing or refusing to deal with a workplace delegate;
- knowingly or recklessly making a false or misleading misrepresentation to a workplace delegate; and
- unreasonably hindering, obstructing or preventing the exercise of rights of a workplace delegate.
Paul said that where an employer fails to meet its obligations towards a workplace delegate, civil action may be taken against that employer. The onus is on the employer to demonstrate that their action was not unreasonable.
1 July deadline
Paul said the expectation is that from 1 July 2024, all new collective agreements and all modern awards will include provisions relating to the rights of workplace delegates.
“These provisions will build upon and extend the legislated base and provide greater detail regarding delegates’ rights and responsibilities in particular workplaces,” he said.
“Where the provisioned rights of a workplace delegate are less favourable than that of the relevant modern award then the provisions in the modern award will apply.
“In regard to collective agreements, it is important the application of these basic delegate rights in particular site are that spell out definitively and in concrete terms,” he said.
Term 3 member campaign
Paul said these legislative changes had necessitated changes to the IEU-QNT rules to define IEU Chapter Representatives as workplace delegates.
“With that rule change in place, our union will work with Chapter Representatives across Queensland and the Northern Territory in Term 3 to ensure they are fully aware of their new rights at work,” he said.
“These members will be provided with dedicated training and resources to fully support them in upholding all IEU member’s rights at work,” Paul said.
