Exercise of entitlements under this clause. (a) A Workplace Delegate’s entitlements under this clause are subject to the conditions that the Workplace Delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as a Pilot;
(ii) 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 ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent Eligible Employees exercising their rights to freedom of association.
(b) This clause does not require:
(i) the Company to provide a Workplace Delegate with access to electronic means of communication in a way that provides individual contact details for Eligible Employees; and
(ii) an Eligible Employee to be represented by a Workplace Delegate without the Employee’s agreement.
Exercise of entitlements under this clause. (a) A workplace delegate’s entitlements under clauses 38.5 to 38.7 are subject to the conditions that the workplace delegate will: i comply with their duties and obligations as an employee; ii 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 ICT resources; iii not hinder, obstruct, or prevent the normal performance of work; and iv not hinder, obstruct, or prevent employees exercising their rights to freedom of association.
Exercise of entitlements under this clause i. 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 employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
c) not hinder, obstruct or prevent the normal performance of work; and
d) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
ii. This Clause does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
iii. This clause does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
iv. NOTE: Under section 350A of the Act, the employer 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 26A.
