A Fit and Proper Person Test will be required for union officials to obtain a State Right of Entry Permit under new laws proposed by the State Government.
The Government said the WA Industrial Relations Commission (WAIRC) will be given new powers to ensure only fit and proper people have the ability to enter WA work sites.
The commission will also be able to review a Right of Entry Permit holder if new evidence comes to light about a permit holder’s behaviour.
The proposed legislation would mean any union official will have to pass a Fit and Proper Person Test administered by the WAIRC to obtain a State Right of Entry Permit.
The test will be in line with the existing test for Right of Entry permits in the Federal industrial relations system under the Commonwealth Fair Work Act.
When assessing if a union official meets the criteria of a fit and proper person, the WAIRC will need to consider a range of factors including whether the official has been convicted of certain offences, if they have ever been ordered to pay a penalty under an industrial law and any other matters the WAIRC considers relevant.
The independent WAIRC will also be given the power to review any existing Right of Entry Permit if new allegations or evidence come to light in certain circumstances that pertain to a permit holder.
The proposed laws follow a series of recent reports concerning CMFEU officials in other states, and a report of one official facing serious criminal charges in WA.
Premier Roger Cook said it was vital to put in place “laws that keep our work sites safe”.
“It is in no one’s interest to see the reputation of the union movement tarnished by any individual — and that’s why a Fit and Proper Person Test is an important reform,” he said.
WA laws ‘welcome’
CCIWA Legal Director Workplace Relations, Justin Lilleyman, said the laws were “welcome” given a “fit and proper” test is required under the Federal system.
He said the WA-based changes would primarily impact local government and private sector businesses such as traders, unincorporated partnerships, unincorporated trust arrangements, incorporated associations and not-for-profit organisations, as well as all public sector employees.
“In addition, Section 49I of the Industrial Relations Act 1979 (WA) provides a union right of entry for the purposes of investigating a suspected contravention of the WHS Act, that relates to, or affects, a relevant worker,” he said.
“The WHS right of entry impacts on both Federal and State system employers as the permit holder must hold both a federal (FWC) and State (WHS) permit prior to entry to a site.”
Want advice on this or other employment legal matters? Get in touch on (08) 9365 7560 or via [email protected].
