[2024] FWC 1699
Citation: [2024] FWC 1699
What happened
The Fair Work Commission (FWC) has made determinations to vary 155 modern awards to include a delegates’ rights term. This change stems from the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, which aims to strengthen the rights of workplace delegates. The FWC consulted with interested parties and stakeholders before finalizing the term, which will take effect from July 1, 2024. A specific subclause (XA.10) is added to 38 awards to ensure the delegates’ rights term doesn’t conflict with existing, more favorable clauses. The changes relate to representation, communication, access to facilities, and training for delegates.
What was decided
The FWC has decided to vary all 155 modern awards to include a delegates’ rights term as mandated by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. The term outlines delegates’ rights regarding representation, communication, access to facilities, and training. A review of the term’s operation will occur after 12 months. For 38 awards, a subclause (XA.10) ensures the new term doesn't diminish existing entitlements for delegates. The Full Bench’s reasons for this decision will be released later.
What it means for employers
Employers covered by the affected modern awards must now provide workplace delegates with specified rights, including access to facilities, communication channels, and training. They need to review their existing policies and procedures to ensure compliance with the new delegates’ rights term and the XA.10 subclause where applicable. Employers should also be prepared to engage with delegates and address any issues that arise during the initial 12-month review period.
What it means for employees
Workplace delegates now have formally recognized rights regarding representation, communication, access to facilities, and training, as outlined in the new delegates’ rights term. Employees should be aware of these rights and how they can be exercised. If an entitlement under another clause of the award is more favourable, that entitlement will apply instead of the new clause XA.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections