What is a union delegate? [ Workplace delegates factsheet]

For Human Resource (HR) leaders, understanding union delegates isn’t just about compliance; it’s about unlocking a more collaborative and productive workplace. 

Your understanding of workplace delegates can significantly transform your organisation’s industrial relations. Understanding their role is essential as you navigate the complexities of today’s diverse and evolving employment landscape.

Who is a union delegate? 

A union delegate is an employee who is elected by union members to represent their interests in the workplace. They work their normal working hours like any other employee but with added responsibilities. Unlike union officials employed directly by unions, delegates are your regular staff members with strong union membership commitment.

Delegates facilitate reasonable communication between workers and management, help prevent false or misleading representation and support rights under the Fair Work Act.

While not mandatory, especially where there are few potential members in the workplace, once appointed (with employer written notice), delegates gain specific union delegates’ rights while maintaining their regular duties.

What’s in the union delegate factsheet?

The Fair Work Closing Loopholes Bill, introduced in December 2023, has formally established the concept of “workplace delegates” in Australian law. This represents a significant shift in workplace relations that HR professionals need to understand. 

This comprehensive factsheet explores everything you need to know about union delegates in the modern workplace.

Inside this factsheet you’ll find:

• A clear explanation of who union delegates are and their essential role in the workplace.
• An overview of union delegates’ rights under the Fair Work Act.
• Guidance on facilitating reasonable communication between delegates and union members.
• Information about delegate interactions with potential members in the workplace.
• Requirements regarding employer written notice for delegate activities.
• The distinction between workplace delegates and union officials.
• How delegates function within normal working hours.
• Protections against false or misleading representation.
• Practical tips for HR professionals managing workplaces with active union membership.

Looking for more information on the latest in HR and payroll, take a look at our resource centre, which offers helpful blogs, webinars, research reports, guides and more.

We also offer specific resources on Secure Jobs, Better Pay Bill, financial wellness trends, and other aspects of the Closing Loopholes legislation. 

What does the Fair Work Act say about union delegates?

The Fair Work Act provides specific provisions that establish and protect the role of union delegates in Australian workplaces. These provisions ensure that delegates can effectively represent their fellow union members while maintaining a cooperative relationship with employers.

Below are a few of the roles and responsibilities of a union delegate:

• Representing union members in discussions with management about workplace issues and grievances.
• Distributing union information and discuss union business with colleagues during normal working hours, provided it doesn’t unreasonably disrupt work.
• Participating in industrial disputes in accordance with protected action procedures.
• Recruiting potential members in the workplace through appropriate channels.
• Receiving reasonable paid time to undertake training in their role as delegates.
• Accessing appropriate facilities for conducting their representative duties (such as meeting rooms or noticeboards).
• Helping ensure workplace practices comply with Fair Trading laws and relevant industrial instruments.

Many modern awards and enterprise agreements contain additional provisions regarding union delegates’ rights. For instance, the Manufacturing and Associated Industries and Occupations Award 2020 specifically allows for delegates to post union notices in agreed locations and consult with union members during working hours about matters affecting them.

Sarah works as a production operator at a manufacturing plant and serves as the company’s union delegate. When management proposes changes to shift patterns, Sarah is entitled to meet with affected union members during their lunch break, request relevant information from HR about the proposed changes, and represent staff concerns in formal consultations.

The HR team provides reasonable communication channels by allowing Sarah to use a meeting room for these discussions and ensuring she receives documentation about the proposed changes with adequate time to review before consultation meetings.

Many organisations benefit from HR advisory support when developing frameworks for productive union delegate interactions. 

What are workplace delegate rights?

While we’ve touched on some general provisions in the Fair Work Act, it’s important to understand the specific union delegates’ rights that enable them to perform their representative functions effectively. 

These rights balance operational needs with the interests of union members.

Workplace rights on paid time

Union delegates have the right to perform their representative duties during normal working hours with reasonable access to facilities. They may communicate with members about workplace issues provided they give the employer written notice and conduct these activities in a way that minimises disruption to operations.

Workplace rights on paid leave

Delegates are entitled to paid leave specifically for attending union training courses that help them understand their role, relevant workplace laws, and effective representation techniques. This leave typically requires advance notice (usually 10 working days) and is generally limited to a specific number of days per year as outlined in the applicable award or enterprise agreement.

Workplace rights for protection

Union delegates cannot be discriminated against or penalised for performing their representative functions, including recruitment of potential members in the workplace. The Fair Work Act provides robust protections against any form of adverse action taken because of their legitimate union activities.

Workplace rights for information

Delegates have the right to relevant information about workplace changes affecting union members, including proposed restructures, policy amendments, or enterprise agreement negotiations.

This enables them to provide informed representation and facilitate reasonable communication between management and staff. Advanced HR software can help streamline this information sharing while maintaining appropriate confidentiality and documentation of these communications.

What are the normal working hours for workplace delegates?

Union delegates carry out their representative duties within their existing normal working hours. There’s no separate timeframe exclusively for delegate activities; they balance their regular job with union representation responsibilities.

Delegates typically perform union functions during breaks, before/after shifts, or at agreed times that minimise workplace disruption. 

For activities requiring substantial time, such as attending disciplinary meetings or enterprise bargaining negotiations, many awards and enterprise agreements provide for reasonable paid time release.

When delegates need time for their representative activities, they should provide the employer written notice with sufficient advance warning to plan and maintain operational efficiency while respecting the legitimate role of workplace representation.

What is union membership?

Union membership is a formal affiliation between a worker and a registered employee organisation (union). Members pay regular fees to belong to their union and receive various benefits, including representation in workplace negotiations, advocacy during disputes, and access to collective bargaining power.

Anyone can join a union relevant to their industry or occupation regardless of employment status; full-time, part-time, casual, or contract workers are all eligible. Union membership rates vary significantly across industries, with higher rates typically found in the education, healthcare, and construction sectors.

Membership is voluntary in Australia, protected under the Fair Work Act, and employers cannot discriminate against employees based on their membership status. Union officials and union delegates often engage with potential members in the workplace to explain the benefits of joining.

Looking to implement effective union delegate protocols in your workplace? Our HR implementation service provides tailored support for organisations navigating these complex relationships. We’ll help you establish clear procedures, develop appropriate documentation, and train your HR team on best practices for productive delegate interactions.

Ensure your organisation not only meets compliance requirements but also builds positive industrial relationships that benefit everyone. Connect with our team to discuss how we can support your specific workplace needs and reimagine employment for the better.