We have published a statement from Vice President Asbury with the final workplace delegates’ rights term to be inserted into modern awards.
Determinations inserting the new term into all 155 modern awards will be published on our website as they become available. The determinations come into operation from 1 July 2024.
We are required to insert a delegates’ rights term into all modern awards by 30 June 2024. This is due to changes arising from the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. Publication of the determinations is in accordance with the timetable set out in Justice Hatcher’s 30 January 2024 statement.
The new term was finalised following extensive public consultation and engagement conducted by a Full Bench this year. We received 27 submissions from interested parties commenting on the draft term, which was published on 10 May 2024.
Updated modern awards will be published on our website as soon as possible.
Enterprise agreements must include a delegates’ rights term from 1 July 2024
Under the Closing Loopholes Act, a workplace delegates’ rights term has also been added to the terms that must be included in an enterprise agreement. This change applies where employees are asked to vote on an agreement from 1 July 2024.
If the agreement does not include a delegates’ rights term, the term set out in the relevant modern award will be included. We have published a fact sheet to help explain these changes to agreement making.
We will continue to provide you with new resources in the coming weeks.
Read:
- the Vice President’s Statement [2024] FWC 1699 – including the finalised term (pdf)
- about the Variation of modern awards to include a delegates’ rights term case
- our Fact sheet: Delegates’ rights terms in Enterprise Agreements fact sheet (pdf)
- more about terms and dates to put in an agreement
