Section 350C — Fair Work Act 2009: Workplace delegates and their rights

Meaning of workplace delegate (1) A workplace delegate is a person appointed or elected, in accordance with the rules of an employee organisation, to be a delegate or representative (however described) for either or both of the following: (a) members of the organisation who work in a particular enterprise; (b) members of the organisation who perform work for, or that has been arranged or facilitated by, a particular regulated business. Rights of workplace delegates (2) The workplace delegate is entitled to represent the industrial interests of those members, and any other persons eligible to be such members, including in disputes with the employer or regulated business concerned. Note: This section does not create any obligation on a person to be represented by a workplace delegate. (3) The workplace delegate is entitled to: (a) reasonable communication with those members, and any other persons eligible to be such members, in relation to their industrial interests; and (b) for the purpose of representing those interests: (i) in relation to employees—reasonable access to the workplace and workplace facilities where the enterprise concerned is being carried on; and (ii) in relation to regulated workers—reasonable access to the workplace facilities provided by the regulated business concerned; and (iii) if the workplace delegate is an employee—reasonable access to paid time, during normal working hours, for the purposes of related training, unless the workplace delegate is employed by a small business employer. (4) The employer of, or associated regulated business for, the workplace delegate is taken to have afforded the workplace delegate the rights mentioned in subsection (3) if the employer or regulated business has complied with the delegates’ rights term in the fair work instrument that applies to the workplace delegate. (5) Otherwise, in determining what is reasonable for the purposes of subsection (3), regard must be had to the following: (a) the size and nature of the enterprise or regulated business; (b) the resources of the employer concerned or the regulated business; (c) the facilities available at the enterprise or provided by the regulated business.