WA union officials will need to pass ‘right to enter’ tests before they’re permitted on worksites

One state wants to introduce new laws that would mean union officials would need to pass a ‘fit and proper person test’ before they’re permitted on worksites.

Just weeks after the CFMEU fallout in Victoria that led to John Setka’s resignation, WA will introduce tough new measures for union officials to access work sites. Picture: NewsWire / David Crosling

Union officials will have to pass tough new tests before they are permitted on work sites under new legislation being proposed in one Aussie state.

The Western Australian Industrial Relations Commission (WAIRC) will be given new powers to make sure any union official in Western Australia is a fit and proper person before they can enter WA work sites.

The laws come after CFMEU Victorian state secretary John Setka resigned from the top job after 12 years following allegations he allowed bikies and organised crime members to act as union delegates, with incidents involving government-funded projects.

Mr Setka is not charged with any criminal wrongdoing and has denied the allegations, and said he stepped down from his role in order to not detract from the work of the union.

The WA Government wants to give new powers to its state-based Industrial Relations Commission to prevent union officials that aren’t fit and proper people from accessing WA work sites. Picture David Clark

The Victorian CFMEU was referred to the state’s corruption watchdog and the South Australian branch, which is under Victorian control, was placed into administration.

SA Police were asked to investigate whether there were any links between the rogue branch of the construction union and bikie gangs in South Australia.

Premier Roger Cook said while he had no seen evidence of alleged East Coast conduct from the CFMEU in Western Australia, he was concerned about a current official who was facing serious criminal charges that had a right to enter WA worksites.

Premier Roger Cook said he was concerned about a current official who was facing serious criminal charges, not related to corruption, that could enter WA worksites. Picture: NewsWire / Kelly Barnes

CFMEU organiser Edmond Margjini is facing charges over a home invasion from 2011 where a woman was allegedly attacked with a machete.

He has pleaded not guilty to charges of deprivation of liberty, aggravated burglary, criminal damage and attempting to steal. and was committed to stand trial in June. As a result, the Ombusdman has filed an application with the Fair Work Commission to suspend his right of entry permit until criminal proceedings have concluded.

“The allegations he is facing will be tested in court under our legal system,” Premier Cook said.

“The Fair Work Ombudsman has commenced a process to suspend that individual’s right of entry and I fully support (that).”

Mr Margjini is not accused of wrongdoing outside of the alleged home invasion.

The Premier added he was separately appalled by the criminal activity and misconduct in East Coast divisions of the CFMEU, and that behaviour reported on the East Coast had not been seen in WA.

“Prominent builders and the Masters Builders Association have all gone on the record to say that the WA CFMEU is different,” he said.

The WA Premier said he was appalled by the alleged criminal activity and misconduct in East Coast divisions of the CFMEU, and that behaviour reported on the East Coast had not been seen in WA. Picture: NewsWire / Sharon Smit

The new laws to be introduced into WA’s industrial relation system would align the state with the right of entry permits in the national industrial relations system under the Commonwealth Far Work Act.

Union officials that have been convicted of certain offences, or fined under an industrial law or have faced any other matters the WAIRC deemed relevant would fail to qualify for a state right of entry permit.

The permit holder could also have their entry rights cancelled if new allegations or evidence came to light in certain circumstances.

“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,” Premier Cook said.

“It is vital we put in place laws that keep our work sites safe - it is my responsibility as Premier to do what is right for WA and that is what my Government is committed to doing.”

Opposition leader in the Upper House Peter Collier said the Premier had been spouting the virtues of the union movement because they were his “overlords.”

The Western Australian opposition has been calling on the state government to cut its ties with the CFMEU and hand back donations from the union until it is cleared of any allegations.

Opposition leader in the Upper House Peter Collier said in the last two weeks there had been evidence that the Australian and Western Australian Labor Parties were controlled by the CFMEU movement.

“(The union) pretty much controls what happens in the Labor Party,” he said.

“In Western Australia, that does not happen apparently, according to the Premier or a conga line of Labor members that have come out and defended the CFMEU.

“In no uncertain terms, the Premier is living in a fool’s paradise if he thinks the same issues in the WA branch of the CFMEU.”

Mr Collier said just hours after the Premier claimed “there was nothing to see here” he introduced a fit and proper person test.

“(The Premier) goes out there and spouts the virtues of the union movement because they are his overlords.

“The CFMEU is a militant union, they are so militant they have representatives in the Upper House that have been determined by back room deals by the union heavies just two weeks ago.

“The Labor coffers have been flushed with funds over the last couple of years almost exclusively by the union movement.”

The CFMEU WA has been contacted for comment.

Originally published as WA union officials will need to pass ‘right to enter’ tests before they’re permitted on worksites