Bosses blast new rights for union delegates

Employers accuse Labor of trying to make union delegates the most protected workers in Australia.

Australian Chamber of Commerce chief executive Andrew McKellar. Picture: Martin Ollman/Getty Images

Labor’s workplace relations changes would give extraordinary rights and protections to union delegates, increase prices, make labour hire too costly, and ensure businesses found it harder to ­engage casuals, says the Australian Chamber of Commerce and Industry.

In its submission to the Senate inquiry into the government’s Closing Loopholes Bill, the ACCI says proposed changes across gig platforms and road transports will drive up prices that will be ultimately felt by consumers.

Reinforcing its opposition to the bill, it says the changes “will inhibit future wage growth by increasing the rigidity, risks, and costs of employing people”.

When combined with last year’s Secure Jobs Better Pay legislation, there will be “real and pernicious consequences for Australian businesses”, it says.

“The proposed changes to delegate’s rights and right of entry reflect the government’s attempt to deputise union representatives and union delegates, establishing them in proxy law enforcement roles. These changes are no more than a sop to unions who want more power.

The government has been unable to point to an actual loophole to close here.”

According to the chamber’s submission, unions will be able to appoint large numbers of delegates in each workplace and unilaterally determine the amount of time required for training.

“The only recourse for an employer would be to argue that the extent of paid time off for training was not ‘reasonable’, leading to a workplace dispute against an organised trade union, as well as potentially face a general protections claim and associated penalties.”

Despite private sector union membership being 8 per cent, the chamber says employees who are union delegates will have significantly more favourable rights and protections than all other employees in the workforce.

“Employers would be effectively prohibited from ever providing inaccurate information to a union delegate,” it says

“This is because they would be at risk of having knowingly or recklessly made a misleading representation to the delegate.

“Unlike the other protections, there is no defence for reasonable conduct of the employer. This could have potentially disastrous ramifications for the operations of a business.”

The chamber cites the example of a workplace investigation into alleged bullying where the alleged perpetrator is represented by a union delegate.

Despite private sector union membership being 8 per cent, the Australian Chamber of Commerce and Industry says employees who are union delegates will have significantly more favourable rights and protections than all other employees in the workforce. Picture: iStock

The employer might have genuine reasons for concealing aspects of the bullying complaint during discussions with the alleged perpetrator and union representative, including to protect the privacy of the complainant.

However, “irrespective of the reasonableness of the employer’s decision”, any misleading statement that conceals such information made to the union delegate could result in penalties of $93,900.

While workplace rights of non-union employees were protected from “adverse action”, such as dismissal or demotion, workplace rights of union delegates would be protected from any hindrance, obstruction or prevention. “This means the right of union delegates to represent workers who are not members of their union would attract greater protection than a non-union employee’s right to sick leave, parental leave, minimum wages or making bullying complaints. This is a manifestly absurd and unjust outcome,” the chamber says

Saying “union delegates would effectively become the most protected workers in the entire workplace relations system”, it called for the changes to be dropped.