Common use of Workplace Delegates Clause in Contracts

Workplace Delegates. 7.1 Before exercising entitlements under this clause, a workplace delegate must give the Company written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the Company with evidence that would satisfy a reasonable person of their appointment or election. 7.2 An Employee who ceases to be a workplace delegate must give written notice to the Company within 14 days. 7.3 A workplace delegate may represent the industrial interests of Employees who wish to be represented by the workplace delegate in matters including: (a) consultation about major workplace change; (b) consultation about changes to rosters or hours of work; (c) resolution of disputes; (d) disciplinary processes; (e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the Union with enterprise bargaining; and (f) any process or procedure within this Agreement or policy of the Company under which Employees are entitled to be represented and which concerns their industrial interests. 7.4 A workplace delegate may communicate with Employees for the purpose of representing their industrial interests under clause 7.3. This includes discussing membership of the Union and representation with Employees. 7.5 A workplace delegate may, subject to clause 7.3 above, communicate with Employees during working hours or work breaks, or before or after work. 7.6 The Company must provide a workplace delegate with access to or use of the following workplace facilities: (a) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and Employees; (b) a physical or electronic noticeboard; (c) electronic means of communication ordinarily used in the workplace by the Company to communicate with Employees and by Employees to communicate with each other, including access to Wi-Fi; (d) a lockable filing cabinet or other secure document storage area; and (e) office facilities and equipment including printers, scanners and photocopiers. 7.7 The Company is not required to provide access to or use of a workplace facility under clause 7.6 if: (a) the workplace does not have the facility; (b) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or (c) the Company does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps. 7.8 The Company must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of Employees, subject to the following conditions: (a) In each year commencing 1 July, the Company is not required to provide access to paid time for training to more than one workplace delegate per 50 Employees (full time or part-time or regular casuals) as determined on the day such paid time is requested. (b) Payment for a day of paid time during normal working hours is payment as if the workplace delegate had attended work. (c) The workplace delegate must give the Company not less than 5 weeks’ notice (unless the Company and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider. (d) The workplace delegate must provide the Company with an outline of the training content. (e) The Company must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the paid attendance at the training has been approved. Such approval must not be unreasonably withheld. (f) The workplace delegate must, within 7 days after the day on which the training ends, provide the Company with evidence that would satisfy a reasonable person of their attendance at the training. 7.9 A workplace delegate’s entitlements under this clause are subject to the conditions that the workplace delegate must, when exercising those entitlements: (a) comply with their duties and obligations as an Employee; (b) comply with the reasonable policies and procedures of the Company, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of Company resources; (c) not hinder, obstruct or prevent the normal performance of work; (d) not hinder, obstruct or prevent Employees exercising their rights to freedom of association; and 7.10 Nothing in this clause requires: (a) the Company to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for Employees. (b) an Employee to be represented by a workplace delegate without the Employee’s agreement. 7.11 The Company must not: (a) unreasonably fail or refuse to deal with a workplace delegate; or (b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or (c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7.

Workplace Delegates. 7.1 (a) This clause provides for the exercise of the rights of workplace delegates set out in section 350C of the Act . (b) In this clause ‘eligible employees’ means members and Employees eligible to be members of the Union who are employed by Cabrini in the enterprise. (c) Before exercising entitlements under this clause, a workplace delegate must give the Company ▇▇▇▇▇▇▇ written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the Company ▇▇▇▇▇▇▇ with evidence that would satisfy a reasonable person of their appointment or election. 7.2 (d) An Employee who ceases to be a workplace delegate must give written notice to the Company ▇▇▇▇▇▇▇ within 14 days.. Right of Representation 7.3 (e) A workplace delegate may represent the industrial interests of Employees eligible employees who wish to be represented by the workplace delegate in matters including: (ai) consultation about major workplace change; (bii) consultation about changes to rosters or hours of work; (ciii) resolution of disputes; (div) disciplinary processes; (ev) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the Union with enterprise bargaining; and (fvi) any process or procedure within this Agreement an award, enterprise agreement or policy of the Company Cabrini under which Employees eligible employees are entitled to be represented and which concerns their industrial interests.. Entitlement to Reasonable Communication 7.4 (f) A workplace delegate may communicate with Employees eligible employees for the purpose of representing their industrial interests under clause 7.3this clause. This includes discussing membership of the Union and representation with Employeeseligible employees. 7.5 (g) A workplace delegate may, subject to clause 7.3 above, may communicate with Employees eligible employees during working hours or work breaks, or before or after work.. Entitlement to reasonable access to the workplace and workplace facilities 7.6 The Company (h) ▇▇▇▇▇▇▇ must provide a workplace delegate with access to or use of the following workplace facilities: (ai) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and Employeeseligible employees; (bii) a physical or electronic noticeboard; (ciii) electronic means of communication ordinarily used in the workplace by the Company Cabrini to communicate with Employees eligible employees and by Employees eligible employees to communicate with each other, including access to Wi-Fi; (div) a lockable filing cabinet or other secure document storage area; and (ev) office facilities and equipment including printers, scanners and photocopiers. 7.7 The Company (i) Cabrini is not required to provide access to or use of a workplace facility under this clause 7.6 if: (ai) the workplace does not have the facility; (bii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or (ciii) the Company Cabrini does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.. Entitlement to reasonable access to training 7.8 The Company (j) ▇▇▇▇▇▇▇ must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of Employeeseligible employees, subject to the following conditions: (ai) In each year commencing 1 July, the Company ▇▇▇▇▇▇▇ is not required to provide access to paid time for training to more than one workplace delegate per 50 Employees eligible employees; (full ii) Despite subclause (i) above their may be two workplace delegates appointed or elected in each of the Medical Scientists and Pharmacists Cohorts plus one workplace delegate appointed or elected in each of the Dietitians and Psychologists Cohorts regardless of the total number of eligible employees. (iii) The number of eligible employees will be determined on the day a delegate requests paid time to attend training as the number of eligible employees who are full-time or part-time employees or regular casuals) as determined on the day such paid time is requestedcasual employees. (bk) Payment for a day of paid time during normal working hours is payment as if of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had attended worknot been absent from work to attend the training. (cl) The workplace delegate must give the Company ▇▇▇▇▇▇▇ not less than 5 weeks’ notice (unless ▇▇▇▇▇▇▇ and the Company and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider. (dm) The If requested by ▇▇▇▇▇▇▇, the workplace delegate must provide the Company ▇▇▇▇▇▇▇ with an outline of the training content. (en) The Company ▇▇▇▇▇▇▇ must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid attendance at time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld. (fo) The workplace delegate must, within 7 days after the day on which the training ends, provide the Company Cabrini with evidence that would satisfy a reasonable person of their attendance at the training.. Exercise of entitlements 7.9 (p) A workplace delegate’s entitlements under this clause are subject to the conditions that the workplace delegate must, when exercising those entitlements: (ai) comply with their duties and obligations as an Employeeemployee; (bii) comply with the reasonable policies and procedures of the CompanyCabrini, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of Company ICT resources; (ciii) not hinder, obstruct or prevent the normal performance of work;; and (div) not hinder, obstruct or prevent Employees eligible employees exercising their rights to freedom of association; and 7.10 Nothing in this clause requires:. (aq) the Company This clause does not require ▇▇▇▇▇▇▇ to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for Employeeseligible employees. (br) This Clause does not require an Employee eligible employee to be represented by a workplace delegate without the Employeeemployee’s agreement. 7.11 The Company (s) Cabrini must not: (ai) unreasonably fail or refuse to deal with a workplace delegate; or (bii) knowingly or recklessly make a false or misleading representation to a workplace delegate; or (ciii) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7this clause.