Workplace delegates do a lot for members and the union – they are not only ‘support people’. Yet a lot of councils will say they are.
‘Support person’ not only downplays the responsibilities and work that delegates do – it is incorrect and is often used to reduce union power.
A support person and a union delegate are not the same thing – they both support workers, often by accompanying them to meetings with HR or management but that’s where the similarities end.
A ‘support person’, in terms of Australian industrial law, has little to no power, whereas a union delegate has the same power as a union organiser or official.
In workplace meetings with HR or management, a ‘support person’ cannot advocate for the worker and has no legal protection.
They can be anyone – they don’t need any kind of qualification or knowledge or be union members themselves. They are often trusted colleagues, friends or family members.
A support person can only:
- Provide emotional support
- Take notes
- Ask clarifying questions – this means questions such as : ‘you’ve said you have received complaints from staff – how many complaints have you had?’ put another way, these questions can only be fact seeking.
On the other hand, a union workplace delegate can actively engage because they are legally protected. They can speak up and advocate for the member. They can respond to allegations and most importantly – they can speak freely in meetings between them, their member and council management. A delegate is also permitted to take notes.
Workplace delegates level the playing field against management and grow our union’s power through recruitment. They are the eyes and ears of your union. They are given comprehensive training by us that gives them the skills and knowledge they need.
Because they work alongside members, they can respond quickly and give support and resolutions that take their employer or workplace’s specific circumstances, internal politics and community into account.
The significant difference in authority, legal protection and knowledge between a delegate and a ‘support person’ is why it is so problematic when councils tell newer delegates that they are ‘support people’.
Unfortunately, it is very common occurrence – especially with newer delegates and often when they are representing a member for the first time.
Whether councils are telling delegates they are a ‘support person’ in error or because they are deliberately trying to undermine the Union is irrelevant because the result is the same – the power of the union is reduced, based off misinformation.
Delegates – if you are told by council that you can’t advocate for your member or that you are in the meeting as a ‘support person’, follow these steps:
- Correct them. Tell them you are there as a union representative and you have all the same legal protections, authority and power that your USU Organiser has.
- If council won’t back down – call off the meeting and leave, making sure the member leaves with you.
- Contact your USU Organiser and tell them what has happened. Include the full names of everyone who was there and as much detail as possible. Your organiser will then contact council and resolve the matter.
