Union Delegate Rights 51.1 To the extent that the provisions of clause 36A of the Award may confer a more favourable benefit upon a workplace delegate than the explicit terms of this clause, those provisions will operate as terms of this clause. 51.2 Where an Employee has been elected as a Union Delegate, the Employer will recognise the following rights: (a) the right to be treated fairly and to perform their role without any discrimination in their employment; (b) for the Union Delegate to represent an Employee when requested in relation to a grievance, dispute or a discussion with a member of the Union; (c) the right to place information on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; (d) the right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an Employee (which may include themselves) whom they represent in a particular dispute in their workplace; (e) the right to paid time to assist and represent Employees who have requested them to represent them in respect of a dispute arising in their workplace; (f) the right to represent the interests of members in their workplace to the Union, Employer and industrial tribunals/courts; and (g) the right to paid time to attend Union meetings for the purposes of the Union and Project related matters, typically monthly or as reasonably required. 51.3 Union Delegates will be paid the classification rate applicable to their substantive role taking into consideration their skills and/or tickets. 51.4 The Employer will consult and agree with the Union prior to the Employer making a decision to terminate or transfer a Union Delegate/Employee Representative.The Union Delegate/Employee Representative is entitled to one week’s notice in advance of such termination or transfer. Payment in lieu of notice may be made by agreement.
