[2025] FWCFB 293
What happened
The Fair Work Commission (FWC) is dealing with the impact of a Federal Court decision regarding delegates’ rights terms in modern awards. The Full Court found that the FWC had exceeded its powers when varying nine awards to include these terms. This has implications for all 155 modern awards, as well as enterprise agreements. The FWC must now vary the nine awards and consider variations to all other awards to ensure compliance with the Fair Work Act 2009.
What was decided
The Full Bench of the FWC is re-constituted to address the Federal Court’s decision. They plan to vary the nine affected modern awards by 1 July 2024, and all other modern awards to include a delegates’ rights term in a specific form (Attachment C). Submissions are being sought from interested parties before final decisions are made. The FWC aims to resolve variations by January 26, 2026.
What it means for employers
Employers should review their obligations regarding workplace delegate rights under modern awards. They need to be aware of any changes the FWC makes following this decision and ensure compliance with updated award terms. This situation highlights the importance of staying informed about Fair Work decisions and how they impact employment conditions.
What it means for employees
Employees, particularly those who are workplace delegates, should understand their rights regarding representation and communication. The outcome of these proceedings will clarify the scope of delegate powers under modern awards. Affected employees should review any updated award terms to ensure their rights are protected.
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