Mark McGowan to give unions your front door key
The McGowan Government’s Industrial Relations Legislation Amendment Bill 2021 will allow a union official to enter a person’s home for the first time under WA law.
The Industrial Relations Amendment Bill 2021 was introduced into this 41st Parliament on 20 October 2021.
The Industrial Relations Amendment Bill 2020 was introduced in the previous Parliament but was not passed prior to the 2021 State Election. You can read some of that debate here.
The Explanatory Memorandum states that the Bill "seeks to protect vulnerable workers, tackle wage theft and modernise Western Australian employment laws."
It is unnecessary for the Government to bundle together their so-called "workplace reforms" with modern slavery provisions to protect vulnerable workers. It sounds noble, but when we scrutinise the Bill we find this shifty ‘back door’ attempt to extend the reach of the Trade Unions.
There are two areas of major concern with this Bill.
Right of entry for Unions
The law currently absolutely prohibits a union official trying to enter someone’s home. This is section 49K of the Act:
“An authorised representative does not have authority under this Division to enter any part of the premises of an employer that is principally used for habitation by the employer and his or her household.”
The Bill is seeking to change this to allow entry in “exceptional circumstances”. Our concern in the 40th Parliament was that this qualified right of entry was undefined.
Nothing has changed in this Bill in the 41st Parliament. It remains a point of concern.
This is why the Opposition continues to expose that this Bill will allow unions to enter people’s homes. Whilst they’d need an order from the Commission to do so, the point is they could obtain it, whereas at present they are absolutely prohibited from doing so.
Clause 25 should be opposed.
No doubt the McGowan Labor Government will insist that it remain. If that is so, then as an absolute minimum the clause should be amended to at least define “exceptional circumstances” more than merely relying on the loose commentary in the Explanatory Memorandum.
Right of entry for departmental officers
The law currently allows a departmental officer who has been appointed as an industrial inspector the right of entry into someone’s home so long as they suspect that an industry is being carried on. This is in section 98(3)(a) of the Act.
The Bill (in clause 65) is seeking to change this to require 24 hours notice to be provided to the owner/occupier. This is, in principle, a good thing. However, the drafting of proposed new section 98(3A) appears to create a loophole undoing this otherwise seemingly positive change.
This is why the Opposition in the last Parliament sought for an amendment to clarify this. Hon Bill Johnston MLA was the Minister for Industrial Relations at the time and if you read Hansard you'll see that he promised 3 times to do so and yet this has not occurred.
Tell your local member and the Minister for Industrial Relations Hon Stephen Dawson MLC, that there is currently an absolute prohibition at law about a unionist entering a person's home and this should not change.