IEU Reps, delegate’s rights laws and bargaining
Workplace delegates (Reps) now have legally protected rights that significantly strengthen their ability to represent members, especially during enterprise bargaining.
‘The delegate’s rights changes enacted by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 are a game-changer for bargaining’, says IEU Deputy General Secretary Kylie Busk.
‘When it’s time to negotiate a new Agreement, members need timely, accurate updates from their Rep. Now, the law supports that.’
Thanks to the changes, workplace delegates (Reps) are legally entitled to:
Reasonable communication with members, and potential members, about their industrial interests
Reasonable access to the workplace and workplace facilities
Paid leave for union training.
‘These changes elevate Reps from informal representatives to legally protected workplace advocates,’ Kylie says. ‘They can now act confidently, knowing their rights are recognised and enforceable.’
Why this matters for bargaining
The new laws empower Reps to:
Keep members, and potential members, informed
Boost participation in votes and actions
Ensure transparency and a genuinely member-led process.
Critically, Reps now have a legal right to speak with both members and potential members about enterprise bargaining. This right prevents employers from silencing or restricting Rep communications – an issue that frequently arose in past negotiations.
‘Every member always deserved to be fully informed throughout the process,’ says Kylie. ‘Now it’s a legally protected right.’
Reps’ rights in 2025: what’s new and why it matters
Right to communicate with members and potential members
What’s new:
Reps can now legally:
Share bargaining updates with all their colleagues
Discuss campaign plans or industrial action
Speak with potential members and encourage them to join the IEU
Organise meetings during breaks or in agreed spaces.
Why it matters:
Communication that was once discouraged or controlled is now a protected activity.
Paid time for training
What’s new:
Reps in workplaces with 15 or more employees are entitled to:
Up to 5 paid days of initial union training
1 paid day per year thereafter unless an Enterprise Agreement provides for superior entitlements.
Why it matters:
Employers can no longer prevent Reps from accessing essential training that equips them to represent members effectively.
Access to workplace facilities
What’s new:
Delegates can communicate with both current and potential members through employer-provided:
Email systems
Noticeboards
Meeting rooms
Other agreed platforms.
Why it matters:
Visibility and access are essential to doing the job well. These rights remove employer discretion that once limited Reps’ reach.
Protection from adverse action
What’s new:
Employers who penalise delegates – for example, by denying access to training or communication channels – may now be in breach of the Fair Work Act.
Why it matters:
Reps can no longer be intimidated or punished for carrying out their duties.
The upshot
‘Reps are the backbone of the union movement,’ says Kylie. ‘They’re the trusted voice of their colleagues and frontline defenders of workplace justice.
‘We knew these legal changes were important when they came in, but it’s now, when bargaining is underway in more workplaces, that we must use them to ensure the staff in every workplace can access the information they need.’
Reps in action at recent IEU training
Rep basics
What is a workplace delegate (Rep)?
A workplace delegate (called a Rep in the IEU) is a member who is elected or appointed to represent union members in their workplace.
Workplace delegates have the right to represent union members and potential members in the following industrial matters.
A Rep may represent workers in:
Consultation about major workplace changes, rosters, or hours of work
Resolution of disputes
Disciplinary processes
Enterprise bargaining
Any other process or procedure in an Award, Agreement or policy where eligible employees are entitled to be represented and which concerns their industrial interests.
What protections do workplace delegates have?
An employer must not:
unreasonably fail or refuse to deal with a workplace delegate
knowingly or recklessly make a false or misleading representation to a workplace delegate
unreasonably hinder, obstruct or prevent a workplace delegate from exercising their rights under the Fair Work Act or a Fair Work instrument (such as an Award or Enterprise Agreement).
Adverse action
Courts can impose legal penalties on employers who take adverse action against a worker because of their role as a workplace delegate.
Examples of adverse action include doing, threatening or organising to:
dismiss or terminate an employee from their employment
injure an employee in their employment (for example, removing a POL, refusing a flexible work request, adversely changing work duties)
prejudicially changing the employee’s position
discriminate between the employee and other employees.
Implementation in Awards and Agreements
From 1 July 2024, all Awards include a workplace delegates’ rights term, as mandated by the Fair Work Commission. Enterprise Agreements made on or after this date must also contain a delegates’ rights term that is at least as favourable as the corresponding term in the relevant Award.
