Delegates’ Rights Term In Enterprise Agreements

Fair Work Commission

Enterprise agreements must include a delegate rights term from 1 July 2024. This term provides for the exercise of the rights of workplace delegates.

This requirement is part of the Closing Loopholes Act amendments.

These amendments also set out a requirement for all modern awards to include a delegate rights term from 1 July 2024. We will publish the determinations to add these terms to modern awards by 28 June 2024.

From 1 July 2024 does my enterprise agreement need a delegates’ rights term?

Where employees are asked to vote from 1 July 2024 all enterprise agreements must include a delegates’ rights term.

If the agreement does not include a delegate rights’ term, the delegates’ rights term set out in the relevant modern award will be included.

Existing agreements and those already lodged with us for approval do not need to include a delegate rights term.

In addition, enterprise agreements will not need to include a delegates’ rights term if:

  • employees were asked to vote on the agreement before 1 July 2024, and
  • by that vote, the employees approve the agreement (this can happen on or after 1 July 2024).

Writing a delegates’ rights term

You can use the delegates’ rights term that’s in the relevant modern award.

Alternatively, you may choose to write your own delegates’ rights term. If you write your own term, it must be no less favourable than the delegates’ rights term in the relevant modern award.

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