Over the past three years, the federal government has broadened the range of workplace rights including protections for union delegates, allowing casuals to convert to full-time work if they choose, and the right to disconnect.

The union movement has achieved some notable improvements to workplace rights since the last federal election working with the Albanese government and in the face of strong opposition from the Coalition and business interests.

Among the significant achievements are:

IMPROVED RIGHTS AND PROTECTIONS FOR UNION DELEGATES

Private and aged care delegates now have a clear right to represent the industrial interests of members (or persons eligible to be members).

“Industrial interests” are what members band together to fight for at work. These include lobbying a government for more funding, signing up members to the union, or organising protected action.

In their role, under the new laws, union delegates are entitled to:

•  reasonable communication from their employer
•  reasonable access to the workplace and workplace facilities, and
• ·reasonable access to paid time during normal working hours to attend related training.
• Workplace delegates also have important new protections.
• An employer of a workplace delegate must not:
•  unreasonably fail or refuse to deal with the workplace delegate, or
•  knowingly or recklessly make a false or misleading representation to the workplace delegate, or
•  unreasonably hinder, obstruct or prevent the exercise of the rights of the workplace delegate.

MORE RIGHTS FOR CASUALS

The Albanese government’s Closing Loopholes Legislation makes it easier for casuals to convert to full-time work if they choose. Casuals who work full-time hours are able to access leave entitlements and guaranteed hours if they change their employment status.

THE RIGHT TO DISCONNECT

The Closing Loopholes Act also contains a right to disconnect which prevents employees from being punished for refusing to take reasonable work calls or answer emails in their unpaid personal time.

Employees are now able to raise a complaint about these intrusions and if the issue is not resolved at the workplace, employees can apply to the Fair Work Commission for an order on the employer to stop the unreasonable out-of-hours contact. A breach of the order is punishable by a fine of $18,000.

CRIMINALISATION OF WAGE THEFT

The new laws enacted by Labor criminalise wage theft. Employers who intentionally underpay their employees can now face criminal prosecution with penalties of up to 10 years’ imprisonment and fines of up to $1.65 million for an individual or $8.25 million if the offender is a body corporate.

MORE PROTECTIONS AGAINST DISCRIMINATION

Employees subjected to family and domestic violence are protected against discrimination under the Closing Loopholes Act.

SUPER ON PAID PARENTAL LEAVE

From 1 July 2025, the Albanese government will pay 12 per cent superannuation on top of Commonwealth paid parental leave. More than 180,000 women receive parental leave payments each year, meaning the unfairness of the loss of super has been nearly entirely on women.n