A loophole in WA’s tough anti-consorting laws which effectively allow bikies to meet if they are union members, must be closed as part of industrial relations reforms, Liberal leader Libby Mettam says.
A day after Premier Roger Cook announced the Government would attempt to institute a “fit and proper person” test for right of entry permits, Ms Mettam called on Labor to strip protections for trade union members within the anti-association laws.
Introduced in 2021, the laws created “unlawful consorting notices”, which, when slapped on bikie club members, would ban them from other members for up to three years.
But built into the laws is a defence clause, which allows those with bans to consort if they are union members.
“WA Labor claimed the legislation was ‘to make WA a safe place, without fear of bikies pursuing their own vendettas’, yet they allow bikies and thugs — known to threaten and disrupt builders and workers on sites — to pursue fear through the union,” Ms Mettam said.
“Roger Cook has given bikies a free pass to mingle in WA unions, and the CFMEU has taken full advantage. Roger Cook needs to close this loophole and stop giving favours to his mates.”
During Parliamentary debate in 2021, after Upper House Liberal MP Nick Goiran moved to strip the union protection from the Bill, parliamentary secretary Matthew Swinbourn said the defences to the consorting charge were “narrow and targetted” and a heavy burden.
Among other defences to breaching a consorting ban were engaging in lawful work, education, or seeking a health service.
“We acknowledge that it may be necessary for a person to consort while engaged in gainful employment. It is entirely appropriate that we also recognise that it may be necessary for that person to protect their rights attached to that employment,” he said.
“Without this defence, workers would be denied the opportunity to communicate with others to pursue the legitimate industrial rights to which they are entitled in connection with their employment.
![Members of the Labor caucus arrive at Parliament House
Matthew Swinbourn.](https://timesofsydney.com/wp-content/uploads/2024/07/5868247c44862b2d354f3723aa26505a38c4d90b.jpg)
“We want people who will be covered by this act to get on the straight and narrow, get gainful employment and be engaged in the kind of pro-social activities that being a member of a trade union provides.”
Mr Cook said on Tuesday his Government would look at “all options” if criminal allegations against CFMEU officials were substantiated.
“When I came back from leave yesterday, I took immediate action to make sure that we have a fit and proper person test for anyone who has a permit for right of entry,” he said.
“We will continue to monitor the situation refer any allegations to the appropriate authorities and take further steps if those accusations are substantiated.”
Mr Cook said drafting would start on the legislation “swiftly” but was unable to guarantee that the laws would be passed before the end of the year.