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Workplace delegates’ rights and general protections: new fact sheet
14 March 2024
Summary: The Fair Work Commission has published a plain language fact sheet on some recent changes to the general protections under the Fair Work Act 2009.
General protections changes: workplace delegates’ rights
There are new protections for workplace delegates when they are carrying out that role.
A workplace delegate is a person appointed or elected by a union to be a delegate or representative for union members working in a particular enterprise. They have the right to represent the industrial interests of members and potential members.
These laws cover most employees and businesses in Australia.
Workplace delegates’ rights
Fair Work Commission fact sheet Published 14 March 2024
Changes to general protections: workplace delegates’ rights Page 1 of 3
From 15 December 2023, there are new protections for workplace delegates when
they are carrying out that role. These laws cover most employees and businesses in
Australia.
A workplace delegate is a person appointed or elected by an employee organisation (eg a union) to be
a delegate or representative for members working in a particular enterprise.
Workplace delegates have the right to represent the industrial interests of members and persons
eligible to be members.
Workplace delegates are entitled to reasonable communication with current members and persons
eligible to be members about their industrial interests. To represent those interests, they are also
entitled to reasonable:
• access to the workplace and workplace facilities
• access to paid time during normal working hours, for the purposes of related training (unless
the employer is a small business).
See section 12 definitions of ‘employee organisation’ and ‘organisation of employees’, and
section 350C(1)–(3) of the Fair Work Act 2009.
Protection for workplace delegates
An employer of a workplace delegate must not:
• unreasonably fail or refuse to deal with the workplace delegate
• knowingly or recklessly make a false or misleading representation to the workplace delegate
Find out more
Visit Fair Work Commission's website to learn more about the general protections including who the general protections laws cover.
Find out about other upcoming changes on the Closing Loopholes Acts – what’s changing webpage.