Agreement clauses for contractors

Clause wording d) The delegate shall be entitled to represent members or potential members in relation to industrial matters at the workplace, and without limiting the generality of that entitlement is entitled to be involved in representing members or potential members:  At all stages in the negotiation, renegotiation and/or implementation of enterprise agreements or other industrial instruments  The introduction of new technology and other forms of workplace change  Career path, reclassification, training issues and to initiate discussions and negotiations on any other matters affecting the employment of members  Ensuring that workers on site are paid their correct wages, allowances and other lawful entitlements  To check with relevant industry schemes so as to ensure that superannuation, redundancy etc has been paid on time for all Employees and long service credited to a workers long service registration  Consultation, and access to reasonable information about the workplace and the business  Be notified of the termination of any Employee for any reason

Advice This clause does not meet the requirements of section 11. To the extent this provision provides for representation by the union delegate independent of a choice made by the employee, this clause interferes with the freedom of employees to choose whether or not to be represented by a building associations (section 13(1)(a)(ii)). Further, employees must be provided a freedom of choice in deciding whether to be represented in a grievance or disputes procedure, and, if so, by whom (section 13(2)(o)). In addition, to the extent that the clause entitles the delegate to ensure that workers on site are paid their correct wages and entitlement and to check with relevant industry schemes to ensure that entitlements have been paid on time and properly credited, this clause provides for the monitoring of the agreement by persons (i.e. the delegate, acting in that capacity) other than the employer and employees to whom it applies (section 11(3)(k)). Providing access to information of the kind referred to above may also result in the disclosure of personal information to a third party other than in accordance with the Privacy Act 1988 (Cth) (section 13(2)(a)).