Court gives expansive interpretation of workplace delegate rights of representation

The Fair Work Act 2009 (Cth) enshrines rights for workplace delegates. A workplace delegate is a person appointed or elected, in accordance with the rules of a union, to be a delegate or representative for members of the union who work in a particular enterprise.

The delegate has the right to represent union members, or persons eligible to be members of the union, who are working at the business in which the delegate works.

In Construction, Forestry and Maritime Employees Union v Australian Industry Group (2025), the Full Federal Court issued an important ruling about the scope of the rights of workplace delegates.

The Court ruled:

The scope of the rights of a workplace delegate to represent those employees is not confined to persons employed by the employer of the delegate. The delegate can also represent third-party labour, such as employees of contractors or labour hire companies who are working at the business.
The rights of workplace delegates to communicate with members and those eligible to be members is not confined to communications for the purpose of representing the industrial interests of such persons. The workplace delegate is entitled to communicate with those persons about anything that relates to those industrial interests. The communication doesn’t have to have the representational purpose. The workplace delegate’s rights are not subject to an obligation on the part of the delegate to comply with their duties and obligations as an employee. The delegates’ rights can be exercised in a way that is inconsistent with those other duties and obligations of an employee, provided the delegate is reasonably exercising the delegates’ rights.
The delegate’s rights may be exercised in a way that is inconsistent with the obligation not to hinder, obstruct or prevent the normal performance of work where the delegate is reasonably exercising the delegates’ rights.

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