Your right to training
Delegates Rights
Delegates are generally entitled to five days paid training leave per year to attend courses conducted or approved by the union.
Delegates should check their Enterprise Bargaining Agreement or relevant Award for their entitlement to Trade Union Training Leave. You can call NUW Assist 1300 275 689 to receive a copy of your EBA and advice on your entitlements.
Health and Safety Rep Rights
Currently, the Victorian Occupational Health and Safety Act 1985 requires that employers allow elected Health and Safety Representatives time off work with pay, to attend an approved course.
WorkSafe advises that HSRs have the right to choose which course they will attend, and the employer should pay all costs associated with that course.
However, Section 67 of the Victorian Occupational Health and Safety Act 2004 - which comes into force on July 1, 2005 - requires that employers allow elected Health and Safety Representatives and Deputy Health and Safety Representatives time off work – with pay – to attend:
- An initial course after being elected, and
- A refresher course at least once a year
These courses must be:
- Approved or conducted by WorkSafe
- Relevant to the HSRs' designated work group
- Chosen by the HSR in consultation with the employer
The employer must pay all the costs associated with the approved course including course fees as well as travel, meal and accommodation expenses if the course is remote from the workplace.
If your employer refuses to allow you, as an HSR, to attend the course of your choice, you can ask WorkSafe to specify a course which you can attend.
Your employer can be fined up to $30,000 for refusing to allow a HSR to attend a course specified by WorkSafe.
Section 69 of the Act states that the employer must allow HSRs (not Deputy HSRs) time off work with pay to attend approved courses other than those approved under Section 67.
Currently the only NUW course this section applies to is Manual Handling.
