Industrial Relations Bill passes through WA Parliament

• New laws deliver Cook Government's commitment to key industrial relations reforms
• New Fit and Proper Person test to apply to State Right of Entry permits
• Prohibition on sexual harassment enshrined in WA's employment laws

A Bill that introduces key industrial relations reforms and delivers Cook Government election commitments has passed through Parliament.

The Industrial Relations Legislation Amendment Bill 2024 will further modernise the State industrial relations system and implement the Cook Government's 2021 election commitment to broaden public sector workers' access to the Western Australian Industrial Relations Commission (WAIRC).

The Bill also enshrines a prohibition on sexual harassment at work in State employment laws and introduces a Fit and Proper Person test for union officials to obtain a State Right of Entry permit.

Other key provisions include:

• establishing a new employee right to request a flexible working arrangement, for example, where an employee is returning from parental leave or is experiencing family and domestic violence;
• safeguarding against workers being artificially labelled as independent contractors or casual employees;
• increasing penalties for contravening State employment laws; and
• streamlining the outdated structure of the WAIRC by abolishing the constituent authorities and transferring their jurisdiction to a commissioner.

The new laws will come into effect on 31 January 2025.

Comments attributed to Industrial Relations Minister Simone McGurk:

"Enhancing worker protections and modernising key elements of the State industrial relations system remain a Cook Government priority.

"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.

"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."