- Minimum hourly rate for casual workers to be increased
- Prohibition on sexual harassment to be enshrined in WA's employment laws
- Right of entry provisions for WA work sites to be amended
- Reforms deliver Cook Government commitments
The Cook Government has introduced the Industrial Relations Legislation Amendment Bill 2024 into State Parliament, to further modernise the State industrial relations system.
The reforms implement the Government's 2021 election commitment to broaden public sector workers' access to the Western Australian Industrial Relations Commission (WAIRC).
The Bill will amend the Minimum Conditions of Employment Act 1993 to increase the loading for casual workers on the minimum wage to 25 percent. This will bring Western Australia into line with the national system.
The reforms will enshrine a prohibition on sexual harassment at work in State employment laws and establish new pathways to resolve sexual harassment disputes.
This legislation also delivers on the Cook Government's commitment to introduce a fit and proper person test for union officials to obtain a State right of entry permit.
Other key provisions of the Bill include:
- establishing a new employee right to request a flexible working arrangement, for example, where the employee is returning from parental leave or is experiencing family and domestic violence;
- amending the Industrial Relations Act 1979 to safeguard 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- streamlining the outdated structure of the WAIRC by abolishing the constituent authorities - namely the Public Service Arbitrator and the Public Service Appeal Board - and transferring their jurisdiction to the Commission.
As stated by Industrial Relations Minister Simone McGurk:
"This legislation improves minimum conditions of employment and protections for workers, while also modernising key elements of the State industrial relations system.
"In July this year, the Premier announced new laws would be introduced to ensure only fit and proper people are granted permits to enter WA work sites, and we have worked swiftly to deliver that reform.
"All Western Australians have the right to a workplace that is free of sexual harassment and this Bill will help enshrine that right in State employment laws."
