Union delegates can now advocate for their members at disciplinary meetings
Posted on November 28, 2024
Amongst all the headline industrial relations changes over the past 12 months is a lesser known, but equally significant, change which employers should be aware of.
As from 1 July 2024 workplace delegates can represent eligible employees at various times including during disciplinary processes, which includes during disciplinary meetings. Prior to 1 July 2024 a workplace delegate was not able to do this in the absence of a specific provision in an enterprise agreement.
These changes were introduced as part of the closing loopholes amendments to the Fair Work Act 2009 (Cth) (FW Act).
A workplace delegate is a worker who is elected or appointed to represent union members in their workplace. An eligible employee means members and persons eligible to be members of the delegate’s organisation (i.e. their union) who is employed by the employer in the workplace.
This provides the delegate with more rights than a “traditional” support person who attends a disciplinary meeting with an employee. Traditionally, the role of a support person has been limited to providing emotional support to the employee being interviewed or disciplined. A support person is not able to respond on the employee’s behalf, disrupt the proceedings or act as an advocate for the employee. From 1 July 2024 a union delegate can represent an employee in a disciplinary process, including responding to allegations on behalf of an employee.
Employers who fail to allow a workplace delegate to represent an employee will be in breach of the FW Act.
Employers should be aware of the identity of persons who attend as support person at disciplinary processes.
Please contact our workplace relations team if you require any assistance in dealing with workplace delegates or any other workplace issues.
