Home | Member Updates | Changes to the Fair Work Act effective 1 July 2024
Summary: The Fair Work Commission has added the delegates' rights term to all modern awards, effective 1 July 2024. From 1 July 2024, the FWC can issue exemption certificates for suspected underpayment cases, allowing permit holders to enter workplaces without prior notice if advance notice would hinder the investigation.
Delegates’ rights term
The Fair Work Commission has finalised the delegates’ rights term to be inserted into all modern awards, as required by the Closing Loopholes Act, and all awards have now been varied effective 1 July 2024.
Members who have yet to conclude bargaining in this round should note that if a vote commences on or after 1 July 2024, the proposed agreement must include a delegates’ rights term. If there is no term included, or if it is less favourable than the award term, the FWC will include the award term in the new agreement.
The Commission website has further information here: Delegates’ rights terms in enterprise agreements (fwc.gov.au)
Right of Entry exemption for suspected underpayment
From 1 July 2024, FWC has a new ground on which it can issue an exemption certificate.
An exemption certificate allows a permit holder to enter a workplace or business premises without prior notice if they are investigating a suspected contravention. FWC can now issue an exemption certificate if:
the suspected contravention involves the underpayment of wages to a member of the union who works on the premises, and
FWC reasonably believes that advance notice of the entry would hinder an effective investigation.
Exemption certificates relating to
suspected underpayments
Fair Work Commission fact sheet Published 1 July 2024
Right of entry changes: exemption certificates relating to suspected underpayments Page 1 of 2
From 1 July 2024, the Commission has an additional ground on which it may issue an
exemption certificate allowing an entry permit holder to enter a workplace or business
premises without prior notice. The new ground applies where the entry permit holder is
investigating a suspected contravention that involves the underpayment of wages.
Union officials who hold a valid entry permit can enter workplaces or business premises to investigate
suspected contraventions of the Fair Work Act 2009 (the Fair Work Act) or a fair work instrument, or
to hold discussions.
A permit holder usually needs to provide written notice (called an entry notice) at least 24 hours
before they enter. However, the permit holder’s union can apply to the Commission under section 519
of the Fair Work Act for an exemption certificate that allows them to enter without notice. This
applies where the permit holder is investigating a suspected contravention and advance notice might
result in the destruction of evidence.
From 1 July 2024, the Commission can also issue an exemption certificate if:
• the suspected contravention involves the underpayment of wages to a member of the union
who works on the premises, and
• the Commission reasonably believes that advance notice of the entry would hinder an effective
investigation.
If the Commission has issued an exemption certificate, the permit holder must give a copy to any
occupier or affected employer who is on the premises, either before or as soon as practicable after
entering.