Right of entry permit ‘fit and proper’ person test passes WA Parliament
A new law will require union officials to pass a Fit and Proper Person Test to obtain a State Right of Entry Permit.
The Industrial Relations Legislation Amendment Bill 2024 passed Parliament on November 6, giving the WA Industrial Relations Commission (WAIRC) new powers to restrict who can enter WA work sites.
It also includes other changes to State Right of Entry Permits and casual loading, amending the Minimum Conditions of Employment Act 1993.
The changes take effect on January 31, 2025, and apply to State-covered employees, including sole traders, unincorporated partnerships and incorporated associations under WA laws.
Fit and Proper Person Test
The WAIRC will administer the Fit and Proper Person Test for a union official to obtain a State Right of Entry permit.
The test assesses factors such as the official's training on rights and responsibilities, any prior convictions related to industrial law, past behaviour and adherence to previous permits.
This test is modelled on the provision present in the Fair Work Act 2009 (FWA) for right of entry permits.
The Commission also considers if the applicant has demonstrated integrity and respect for workplace rules.
State Right of Entry Permit changes
State Right of Entry Permits will have a three-year timeframe unless revoked or conditions are imposed, mirroring the expiry terms on right of entry permits granted under the FWA.
The Commission has authority to suspend or revoke permits if officials do not follow guidelines or if their conduct disrupts the workplace.
All current permits expire after the next 12 months after the amendments commence.
Other changes
For employers that fall under the State industrial relations system, casual loading has increased from 20% to 25%. If you are unsure if you are under the State or Federal IR system, contact our Employee Relations Helpline.
Penalties for employer misconduct have also increased to align with the FWA changes from the ‘Closing Loopholes' Bill. Maximum penalties have increased from $65,000 to $93,000 for a body corporate and $13,000 to $18,000 for an individual, along with higher maximum penalties for serious contraventions.
The amendments also include Respect@Work changes that were present in the FW Act including vicarious liability, prohibition of sexual harassment in connection with work, and compensation.
Our Employee Relations Helpline is also available to respond to your questions on (08) 9365 7660, or via [email protected].
Or, if you would like to speak to one of our employment lawyers, get in touch on (08) 9365 7560 or via [email protected].
