In our earlier member update (available here) we shared that a consequence of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 passing was that all Modern Awards must include a term setting out workplace delegates rights. The FWC is consulting interested parties as the content and detail of that term with a view to it determining a new term by 30 June 2024.

AHEIA recommends the adoption of a minimalistic approach, with the adoption of an NES like clause. Specifically, under the heading of “workplace delegates rights”,  the FWC should include the following drafting: 

“Workplace Delegates rights are set out at s350C of the FW Act”.

Our view is that any rights beyond this "safety net" should be matters for discussion during  the enterprise bargaining process.

The Submission is due on Friday 12 pm 1 March,  so we would appreciate any feedback on this proposal by 10am Thursday 29/2.

If you have any questions, please contact Cathy Pugsley or Marcus Miller.