Don’t treat union delegates as special citizens, bosses warn

Employers have also warned against giving unions an enhanced ability to conduct snap inspections of pay records.

Australian Industry Group chief executive Innes Willox.

Employers have stepped up their opposition to government plans to enshrine the rights of union delegates and warned against giving unions an enhanced ability to conduct snap inspections of pay records.

The Australian revealed on Monday the two proposals were disclosed during confidential briefings given to employers and unions by the ­Department of ­Employment and Workplace ­Relations about the government’s proposed second wave of workplace changes.

The government wants to legislate to advance the rights of union delegates and clarify the ability of unionists to conduct payroll inspections without notice where they suspect workers have been underpaid.

Australian Industry Group chief executive Innes Willox said the proposal to enshrine the rights of union delegates was “simply another line in a long laundry list of anti-business demands being made by unions to the government that they appear to want to tick off”.

“Employers are already under enough stress with increasing costs and flatlining productivity without having to also provide additional financial support for unions,” he said.

“Union delegates should not be treated as special citizens. Businesses should not be expected to pay the wages of people when they aren’t contributing to the output of the workplace or who are instead focused on promoting union membership or agendas.”

In an ­address last week to the Health Services Union, Workplace Relations Minister Tony Burke said the government was looking at “how we can make sure that we advance the rights of delegates at the workplace”.

Under the changes, the government is proposing to amend the Fair Work Act to provide delegates with a general protection from employers who refuse to deal with them, mislead them or hinder or obstruct the exercise of their rights as a delegate.

A mandatory term would be included in awards or enterprise agreements giving effect to primary and ancillary delegates’ rights, and the Fair Work Commission would make the model term for enterprise agreements.

The proposed primary rights include representing the industrial interests of members and potential members to the employer, and representing one or more union members and potential members in disputes with their employer.

The proposed ancillary rights include reasonable access to communicate with members and potential members about matters of industrial concern, workplace facilities, paid time and training as well as delegates having paid time to undertake these functions.

The government also wants to amend the Fair Work Act to clarify the ability for a right of entry permit holder to enter a workplace to investigate suspected wage underpayments without the required 24-hour notice.

If satisfied a contravention involves wage underpayments, the FWC will be required to issue an exemption certificate to a permit holder that allows them to enter premises without 24 hours’ notice, and conduct the discussions in a room or area that a permit holder considers appropriate.

University of Adelaide law professor Andrew Stewart said many of the benefits to delegates were available in large organisations where they had been negotiated over a number of years through enterprise agreements, “but to make them standard would certainly be a big step”.

Mr Willox said there was no need to change the laws governing union right of entry to workplaces.

“There is a raft of reasons why union officials shouldn’t be given unfettered rights to wander around workplaces unannounced, and to interfere with a business’s operations,” he said.

“Not least among these is the need to ensure that union officials are made aware of health and safety requirements when accessing a site and be required to actually follow them.

“Unfortunately, we also hear far too many reports of employer and of employee concern over the poor behaviour of union officials when on site.

“All too often this includes employees feeling pressured or harassed to join the union. Any changes mustn’t exacerbate these problems.”