Department of Health and Ageing Enterprise Agreement 2011-2014

Attachment C - Principles relating to workplace delegates

Page last updated: 31 October 2011

  1. The role of union workplace delegates and other elected union representatives is to be respected and facilitated.
  2. The department and union workplace delegates must deal with each other in good faith.
  3. In discharging their representative roles at the workplace level, the rights of union workplace delegates include but are not limited to:
    1. the right to be treated fairly and to perform their role as workplace delegates without any discrimination in their employment;
    2. recognition by the department that endorsed workplace delegates speak on behalf of their members in the workplace;
    3. the right to participate in collective bargaining on behalf of those whom they represent, as per the Fair Work Act 2009;
    4. the right to reasonable paid time to provide information to and seek feedback from Staff in the workplace on workplace relations matters at the department during normal working hours;
    5. the right to email Staff in their workplace to provide information and seek feedback, subject to individual Staff exercising a right to ‘opt out’;
    6. undertaking their role and having union representation on an department’s workplace relations consultative committee;
    7. reasonable access to department facilities (including telephone, facsimile, photocopying, internet and email facilities, meeting rooms, lunch rooms, tea rooms and other areas where Staff meet) for the purpose of carrying out work as a delegate and consulting with members and other interested Staff and the union, subject to department policies and protocols;
    8. the right to address new Staff about union membership at the time they enter employment;
    9. the right to consultation, and access to relevant information about the workplace and the department; and
    10. the right to reasonable paid time to represent the interests of members to the employer and industrial tribunals.
  4. In discharging any roles that may involve undertaking union business, the rights of union workplace delegates include but are not limited to:
    1. reasonable paid time during normal working hours to consult with other delegates and union officials in the workplace, and receive advice and assistance from union Staff and officials in the workplace;
    2. reasonable access to appropriate training in workplace relations matters including training provided by a union;
    3. reasonable paid time off to represent union members in the department at relevant union forums.
  5. In exercising their rights, workplace delegates and unions will consider operational issues, the department’s policies and guidelines and the likely affect on the efficient operation of the department and the provision of services by the Commonwealth.
  6. For the avoidance of doubt, elected union representatives include APS Staff elected to represent union members in representative forums, including, for example, CPSU Section Secretaries, Governing Councillors and Section Councillors, and ANF Branch members.