Variation of modern awards to include a delegates’ rights term

The Closing Loopholes Act also requires enterprise agreements made on or after 1 July 2024 to include a delegates’ rights term. If the agreement delegates’ rights term is less favourable than the delegates’ rights term in a modern award that covers the workplace delegates, then:

• the modern award term will apply AND
• the agreement term will have no effect AND
• if the agreement is approved, this will be noted in the approval decision.

If more than one modern award covers the workplace delegates, the most favourable delegates’ rights term of those awards will apply.

You can learn more about these changes by visiting the Changes to making agreements page.