Cook flags union permit tests

The state government will introduce checks for construction union officials seeking worksite entry permits, but remains confident in the conduct of the local branch of the Construction Forestry and Maritime Employees Union.  

In a press conference this afternoon, Premier Roger Cook announced his government would seek to impose a “fit- and proper-person test”, with a tweak to industrial relations laws.

The test will be legislated and carried out by the WA Industrial Relations Commission, with the government committing to have it before the parliament by the end of the year.

But the parameters for what constitutes a ‘fit and proper’ person are yet to be defined.

“We’ll certainly take into account a persons past behaviour, and it will obviously take into account current conduct,” Mr Cook said.

“Ultimately, it will be a decision for the WA Industrial Relations Commission to make a decision in relation to a right-of-entry permit.”

He said the decision was taken to bring state laws in line with federal legislation, which allows the Fair Work ombudsman to intervene and remove permits where appropriate.

He also confirmed that the government had, in the past week, referred complaints of a general nature to Fair Work around the construction sector in Western Australia.

The appearance was Mr Cook’s first since a scandal engulfing the CFMEU’s east coast divisions broke in recent weeks, resulting in all other state governments distancing themselves from their local branch of the union.

But the state government has reiterated its view that the sorts of conduct and criminal links seen in branches of the union in other parts of the country was not reflective of the WA division.

CFMEU WA hit out last week, accusing its critics of being on a witch hunt.

In a post to social media, CFMEU WA secretary Mick Buchan slammed the media and conservative politicians for “throwing bricks” at the union and said the union had no tolerance for criminality.

Mr Cook said he had spoken to Mr Buchan prior to today’s announcement but did not offer details of the conversation.

Nor did he agree to hand back a donation by the local branch of the union to the WA Labor Party, despite repeated attacks from the opposition.

“I can’t control what’s gone on in the past, I can only control what happens in the future,” Mr Cook said.

“In the future, we will make sure that any donations we receive in the Labor Party are subject to the full length and breadth of transparency and accountability that we have created in relation to party donations.

“If there is any misconduct which is substantiated in relation to the activities of the CFMEU, then obviously that is something the state secretary and [I] would need to take into account.”

The WAIRC will be given rights of worksite permit approval and review, should new evidence or circumstances emerge in relation to individuals.

But the government could not provide a clear timeline over the introduction of the laws.

“Parliament is the master of its own destiny, so we have to make sure that we can at least pay respect to parliament to fully debate the laws and hopefully pass them by the end of the year,” Mr Cook said.  

The changes were welcomed by the Master Builders Association of WA, which late last week tempered its support of the union, having recieved notification of some concern from its members over the union's conduct. 

MBA WA chief executive Matthew Pollock said the unions needed to hold representatives with right to entry permits to a higher standard. 

“What is important today is that the Premier's announcement includes the review of all existing right of entry permits if new allegations or evidence comes to light,” he said. 

"Master Builders has long recommended the need for appropriate changes to the regulation of entry permits, including regular renewal, the need for faith in the system and adherence to the rule of law.

“These reforms bring WA Right of Entry Laws in line with Federal Law.”