Common use of EMPLOYEE REPRESENTATIVES Clause in Contracts

EMPLOYEE REPRESENTATIVES. (a) The Employer recognises the right of their employees to elect a representative(s) (Delegate) to represent them, and will recognise that the Delegate(s) can represent those employees industrially, provided they receive formal advice from the delegate’s industrial Union that verifies the Union is both satisfied a proper election has occurred and the duly elected Delegate(s) is a person who can represent the industrial interests for employees of the Employer and the members of the respective union. (b) The Delegate(s) is first and foremost an employee and is therefore required to discharge their normal duties and obligations as an employee. Before leaving their normal duties to perform any delegate duties, the Delegate(s) shall first seek permission from the Employer. Such permission shall not be unreasonably withheld. (c) The Employer will not subject any Delegate to any material disadvantage in his/her present employment or future employment opportunities due to them having performed the role of a Delegate on the Project. (d) The Employer shall, where requested by the Delegate(s), provide him/her with reasonable facilities to produce and store electronic documents, photocopy a reasonable number of documents and send and receive documents via a facsimile or other electronic means, where the Employer possesses such a machine. Nothing in this subclause requires the Employer to supply the Delegate(s) with dedicated office space to perform their delegate duties. (e) The Employer will, where it needs to consult with the Union and/or its employees, first consult with the appropriate Delegate(s), duly recognised by the Union(s). (f) Where the Employer is involved in any industrial proceeding that involves a member(s) of the Delegate’s Union, the Delegate(s) shall be entitled to attend those proceedings without deduction from their Ordinary Time Earnings. (g) The Delegate(s) shall, upon application to the Employer, be permitted to take up to five (5) days of non-cumulative leave in any year to allow them to attend formal courses that promote the practice of sound industrial relations.

EMPLOYEE REPRESENTATIVES. 9.2.1 Employees of the Company are employed to carry out work for which they are engaged in accordance with their contract of employment and the terms and conditions of this Agreement, the Company recognises the right of the Union to appoint Employees of the Company and the right of such Employees to represent their fellow Employees subject to the provisions of the clause 9.2.2. 9.2.2 The Company will allow Employee Representatives absence from their normal duties without loss of pay to represent the interests of their fellow Employees, provided always: (a) The Employer recognises relevant Union Branch Secretary advises the right of their employees to elect a representative(s) (Delegate) to represent them, and will recognise that the Delegate(s) can represent those employees industrially, provided they receive formal advice from the delegate’s industrial Union that verifies the Union is both satisfied a proper election has occurred and the duly elected Delegate(s) is a person who can represent the industrial interests for employees Company site manager in writing of the Employer and the members appointment of the respective unionEmployee Representative. (b) The Delegate(sSuch absence is for bona fide purposes only (e.g. preparation for collective bargaining, address new Employees and unpaid leave as agreed by the Company) is and the Employee Representative first obtains agreement from their immediate supervisor, and foremost an employee and is therefore required to discharge their normal duties and obligations as an employee. Before leaving their normal duties to perform any delegate duties, the Delegate(s) shall first seek permission from the Employer. Such such permission shall not be unreasonably withheld, of the expected period of absence for the purpose of enabling the supervisor to make alternative work arrangements beforehand. (c) The Employer will subsequent conduct by the Employee Representative or their fellow Employees shall not subject any Delegate be such as to any material disadvantage in his/her present employment interfere with, or future employment opportunities due to them having performed otherwise adversely impact on, the role operations of a Delegate on the ProjectCompany. (d) The Employer shallIn the event of a breach of this sub-clause, where requested the Company may act to formally revoke the right of an Employee Representative to absence from normal duties with pay, but not the right of representation, by first discussing its intentions with the Delegate(s), provide him/her with reasonable facilities to produce and store electronic documents, photocopy a reasonable number of documents and send and receive documents via a facsimile or other electronic means, where the Employer possesses such a machine. Nothing in this subclause requires the Employer to supply the Delegate(s) with dedicated office space to perform their delegate dutiesrelevant Union Branch Secretary. (e) The Employer will, where it needs Where an Employee Representative's right to consult absence from normal duties with the Union and/or its employees, first consult with the appropriate Delegate(s), duly recognised pay under this sub-clause has been formally revoked by the Union(s). (f) Where Company in writing to the Employer is involved in any industrial proceeding that involves a member(s) of Employee concerned and the Delegate’s Union, the Delegate(s) shall be entitled Employee Representative may only leave his/her workplace under conditions determined by the Company. Nothing in this clause prevents the Company from restoring an Employee Representative's right to attend those proceedings without deduction absence from their Ordinary Time Earningsnormal duties with pay under this sub-clause if it sees fit to do so. (g) The Delegate(s) shall, upon application to the Employer, be permitted to take up to five (5) days of non-cumulative leave in any year to allow them to attend formal courses that promote the practice of sound industrial relations.

EMPLOYEE REPRESENTATIVES. ‌ 22.1 In this Agreement, ‘Employee Representative’ means a person employed on the Project under this Agreement, who is elected by Employees also employed on the Project under this Agreement to be a Union Delegate and / or a Health and Safety Representative (a) HSR). 22.2 For avoidance of doubt, the Employee Representative remains a working Employee as directed by the Employer and is not employed for the sole purpose of carrying out the duties of being an Employee Representative. 22.3 In accordance with Clause 21.3, elected Union Delegates must notify the Employer of their appointment. HSRs must also adhere to the notification requirements outlined in Clause 21.3. An Employee Representative will not be recognised without this notification. 22.4 The Employer recognises the right role of their employees to elect a representative(s) (Delegate) Employee Representatives to represent them, Employees in accordance with the relevant powers awarded to them under the FW Act and will recognise that / or the Delegate(s) can represent those employees industrially, provided they receive formal advice from the delegate’s industrial Union that verifies the Union is both satisfied a proper election has occurred and the duly elected Delegate(s) is a person who can represent the industrial interests for employees of the Employer and the members of the respective union. (b) The Delegate(s) is first and foremost an employee and is therefore required to discharge their normal duties and obligations as an employeeWHS Act. Before leaving their normal duties to perform any delegate duties, the Delegate(s) shall first seek permission from the Employer. Such permission shall not be unreasonably withheld. (c) The Employer will not subject any Delegate prevent an Employee Representative from reasonably representing Employees in accordance with the relevant legislative powers awarded to any material disadvantage in his/her present employment or future employment opportunities due to them having performed the role of a Delegate on the Projectthem. (d) The Employer shall, where requested by the Delegate(s), provide him/her with reasonable facilities to produce and store electronic documents, photocopy a reasonable number of documents and send and receive documents via a facsimile or other electronic means, where the Employer possesses such a machine. Nothing in this subclause requires the Employer to supply the Delegate(s) with dedicated office space to perform their delegate duties. (e) The Employer will, where it needs to consult with the Union and/or its employees, first consult with the appropriate Delegate(s), duly recognised by the Union(s). (f) Where the Employer is involved in any industrial proceeding that involves a member(s) of the Delegate’s Union, the Delegate(s) shall be entitled to attend those proceedings without deduction from their Ordinary Time Earnings. (g) The Delegate(s) shall22.5 Each Employee Representative, upon application to the Employerin writing, shall be permitted to take granted up to five (5) days of leave with pay each calendar year, non-cumulative leave in any year to allow them cumulative, to attend formal courses conducted by an Employee Organisation or a training provider, that promote are designed to provide skills and competencies that will assist the practice Employee Representative to perform their functions including contributing to the prompt resolution of sound industrial relationsdisputes and or grievances in the workplace. 22.6 For avoidance of doubt, the entitlement for training leave above at Clause 22.5, is not intended to create an additional entitlement to the entitlement provided for in Clause 21.8. That is, a Union Delegate is only entitled to a maximum of five (5) days of paid Workplace Delegate training leave each calendar year. Part 4 – Wages, Classifications, and Allowances‌

EMPLOYEE REPRESENTATIVES. 7.4.1 Employees may elect a representative, or a number of representatives, for the purposes this Agreement. 7.4.2 If an Employee or Employees elect a representative, or a number of representatives for the purposes of this Agreement, and the Employee or Employees advise the Employer of the identity of the representative, the Employer must recognise the representative. 7.4.3 The Employer will recognise the following rights of an Employee representative: (a) The Employer recognises the right of to be treated fairly and to perform their employees to elect a representative(s) (Delegate) to represent them, and will recognise that the Delegate(s) can represent those employees industrially, provided they receive formal advice from the delegate’s industrial Union that verifies the Union is both satisfied a proper election has occurred and the duly elected Delegate(s) is a person who can represent the industrial interests for employees of the Employer and the members of the respective union.role as an Employee representative without any discrimination in their employment; (b) The Delegate(s) is first right to be consulted and foremost an employee to have access to relevant information about the workplace and is therefore required to discharge their normal duties and obligations as an employee. Before leaving their normal duties to perform any delegate duties, the Delegate(s) shall first seek permission from the Employer. Such permission shall , including in relation to health and safety issues and any flexibility arrangements agreed to in accordance with the provisions of clause 2.3 of this agreement, provided that access to such information is not be unreasonably withheld.in breach of the provisions of the Privacy Act 1988 or the Act or is commercially sensitive; (c) The Employer will not subject any Delegate right to any material disadvantage in his/her present employment or future employment opportunities due paid time to them having performed represent the role interests of a Delegate on Employees whom they represent including to the Project.Employer, the Union and/or industrial tribunals. Such paid time shall be paid inclusive of all allowances the Employee would normally receive; (d) The Employer shall, where requested by right to paid time during normal working hours to deal with matters pertaining to the Delegate(s), provide him/her with reasonable facilities to produce and store electronic documents, photocopy a reasonable number employment of documents and send and receive documents via a facsimile or other electronic means, where Employees they represent. Such paid time shall be paid inclusive of all allowances the Employer possesses such a machine. Nothing in this subclause requires the Employer to supply the Delegate(s) with dedicated office space to perform their delegate duties.Employee would normally receive; (e) The Employer willright to paid time to attend accredited industrial and dispute resolution education and training, where it needs to consult with and industry-based conferences, during normal working hours. Such paid time shall be paid inclusive of all allowances the Union and/or its employees, first consult with the appropriate Delegate(s), duly recognised by the Union(s).Employee would normally receive; (f) The right to place information on a notice board in a prominent location in the workplace for the purpose of carrying out their role under this Agreement. 7.4.4 Where the Employer is involved employs distinct groups of Employees with specific concerns, such as apprentices, a representative of these Employees will have the right to paid time to attend accredited industrial and dispute resolution education, and industry conferences. 7.4.5 In the event a workplace delegate would receive a more favourable entitlement under the delegates’ right term in any industrial proceeding that involves a member(s) of the Delegate’s Unionrelevant Modern Award than under this clause, the Delegate(s) shall be entitled to attend those proceedings without deduction from their Ordinary Time Earningsmore favourable Award entitlement will operate as a term of this clause. (g) The Delegate(s) shall, upon application to the Employer, be permitted to take up to five (5) days of non-cumulative leave in any year to allow them to attend formal courses that promote the practice of sound industrial relations.