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Variation of modern awards to include a delegates’ rights term

18 Jan 2024

President Hatcher has issued a Statement commencing the process to vary modern awards to include a delegates’ rights term.

The Commission is 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.

To help this process we have done an audit of modern award terms that currently deal with workplace delegates, employee representatives and unions. The audit is attached to the Statement at Attachment B. We invite interested parties to comment on the audit.

The Statement also sets out a draft timetable for consultation on the making of the required terms. We also invite comments on the draft timetable.


Any comments on the proposed timetable and audit at Attachment B to the Statement should be sent to by noon on Thursday, 25 January 2024.

The President will issue a further statement in the week commencing 29 January 2024 either confirming or adjusting the timetable based on the comments we receive.