s350A: s 350A Deal reasonably with workplace delegates and afford their rights
The employer of a workplace delegate (appointed or elected under a union's rules) does not unreasonably fail or refuse to deal with the delegate, knowingly or recklessly mislead the delegate, or unreasonably hinder, obstruct or prevent the delegate's rights, and bears the burden of proving its conduct was not unreasonable. Delegates are entitled to represent members' industrial interests, reasonable communication with members and eligible persons, reasonable access to the workplace and facilities, and (except with small business employers) reasonable paid time for related training; compliance with the delegates' rights term in the applicable award or agreement satisfies these rights (s 350C).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s350A. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Delegates' rights procedure consistent with the award or agreement delegates' rights term; Records of facilities, communication access and paid training time given to delegates; Correspondence showing the employer dealt with delegates on member issues
What usually goes missing
Refusing to meet delegates; Denying access to noticeboards or meeting rooms; Paid training time refused by a non-small business employer
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.