The PSA CPSU NSW is here to support its delegates. The union has produced the Delegate’s Handbook to give its boots on the ground the know how to best represent members.
The Handbook gives a rundown of delegates’ rights, responsibilities and protections, as well as tips on recruitment.
Without delegates, the PSA CPSU NSW would not be able to function.
As the day-to-day face of the union in the workplace, delegates have a crucial role to play in the union.
Members look to delegates as leaders on important workplace issues.
It is essential delegates are not seen as having an axe to grind with management or a fellow member.
Delegates must be calm, considered, respectful and professional in all their dealings. Credibility with both colleagues and management is an enormously powerful tool and is essential to being able to function effectively on behalf of the PSA.
In essence, delegates are responsible for protecting, and wherever possible, advancing, the interests and rights of members at the local level and for the effective functioning of the departmental committee, branch or workplace group.
United we bargain, divided we beg. The more members the PSA has, the greater its bargaining position. The greater our bargaining power, the greater our ability to protect and improve conditions.
This is where delegates come in – to organise their fellow workers and make sure they are active, united and strong.
Our strength depends on union officials being across the wishes and needs of members and members, in turn, understanding and participating in the collective decision-making processes.
Delegates are responsible for ensuring that communication flow.
Delegates can be treated as having the same legal standing as an official of the union.
For that reason, it is important that delegates carry out their duties in a manner that in no way reflects adversely or may damage the union. If ever in doubt, PSA organisers can be contacted.
Delegates have a legal right to carry out union responsibilities in the workplace.
Depending on the workplace, these duties include:
Delegates are encouraged to familiarise themselves with the full details of their rights in their award or enterprise agreement.
For delegates in the bulk of NSW public service agencies these rights are set out in clauses 53–64 of the Crown Employees (Public Service Conditions of Employment) Award 2009.
PSA CPSU NSW organisers are able to assist in arranging meetings with members, recruiting new members and providing the resources and material that will enable the building of union strength in the workplace.
Delegates have access to a range of trade union training provided by the PSA. These courses include ‘understanding the role of the delegate’, ‘improving negotiating skills’ and ‘dealing with bullying in the workplace’. The full list of training courses available is on the PSA website.
If assistance is required with an industrial matter, please call the PSA’s dedicated Member Support Centre on 1800 772 679.
The most effective protection for delegates against victimisation or harassment by their employer is a strong and active union presence in the workplace.
However, there are also legal protections enshrined in legislation.
Under section 210 of the NSW Industrial Relations Act 1996, it is unlawful for an employer to victimise an employee because they:
The Crown Employees (Public Service Conditions of Employment) Award 2009 also includes the provisions of the Industrial Relations Act and reiterates the rights of union members to take lawful industrial action and not be victimised.
Sections 342, 346 and 347 of the Fair Work Act 2009 combine to provide protection for delegates from any ‘adverse action’ by their employer.
This includes delegates representing or advancing the views of the union or encouraging other employees to participate in lawful activities organised by the union.
Prohibited action by the employer includes:
Protections are also available to all members under Sections 104–109 of the Work Health and Safety Act (2011).
These measures prevent an employer from discriminating against a worker in response to them exercising any function, power or responsibility under the Act.
Fines of up to $500,000 can apply in relation to such conduct.
Any delegate being harassed or threatened in relation to their duties should contact the PSA CPSU NSW immediately.
If the matter cannot be resolved through negotiation with management, it will be taken to the NSW Industrial Relations Commission or Fair Work Commission.
Delegates are elected workplace representatives who connect members with their union and each other. As a member, your delegate is your first point of contact for your union, providing practical support and guidance in your workplace.
Delegates also help build collective strength and unity so members can improve and protect their pay, conditions, workplace rights, health and safety.
Delegates support members in several ways, including:
Unions are at their strongest when members are active and united. Delegates bring members together, supporting respectful communication and helping people take coordinated actions when needed.