On 28 June 2024, the Fair Work Commission (FWC) varied all modern awards to introduce a new workplace delegates' rights term (Model Clause). That clause was subsequently the subject of judicial review by the Federal Court of Australia (Court), as a result of applications made to it by three unions.
On 17 December 2025, the Court found that the Model Clause was deficient in various respects, in the sense that it did not conform with the relevant provisions of the Fair Work Act 2009.
As a result, the FWC has now varied the Model Clause in all modern awards, to address those deficiencies. The variations commence retrospectively, from 1 July 2024.
In this advice, we explain the Court's decision and the variations made to the Model Clause.
