New legislation will introduce key worker protections and reforms in WA
Western Australia’s Parliament has passed the Industrial Relations Legislation Amendment Bill 2024, enacting reforms aimed at modernising the state’s industrial relations system. The legislation delivers on the Cook Government’s 2021 election promises and introduces critical protections for workers across the state, according to a news release.
Among the primary changes, the new law mandates a “Fit and Proper Person” test for union officials seeking State Right of Entry permits. The legislation also incorporates a prohibition against sexual harassment in the workplace into state employment law.
“Enhancing worker protections and modernising key elements of the State industrial relations system remain a Cook Government priority,” said Industrial Relations Minister Simone McGurk. “The legislation delivers key improvements in minimum entitlements and protections, and I am proud to be part of the Government that has delivered these rights for State system workers.”
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Additional provisions of the bill provide workers new rights and protections, the news release noted. Employees returning from parental leave or those facing family and domestic violence, for instance, now have the right to request flexible working arrangements. The bill also seeks to prevent workers from being misclassified as independent contractors or casual employees, a practice that can limit access to full employment benefits. Penalties for breaching state employment laws will also see increases.
The bill restructures the Western Australian Industrial Relations Commission (WAIRC) by abolishing its constituent authorities and shifting their functions to a commissioner.
The new laws are scheduled to take effect on Jan. 31, 2025.
Minister McGurk emphasised the government’s commitment to quick implementation, noting, “We have worked quickly to implement the Premier’s commitment, made in July this year, to introduce new laws to ensure only fit and proper people have the ability to enter WA work sites. All Western Australians have the right to a workplace that is free of sexual harassment, and this bill will enshrine that right in state employment laws.”