A parliamentary question addresses a picket line at Western Power Kwinana, questioning the government's response to a strike and seeking action to ensure worker safety and uphold the law. The Minister's response indicates limited direct government intervention.

AnsweredQoN 1562Legislative Council
Asked
21 November 2003
Portfolio
Consumer and Employment Protection

QuestionView source ↗

I refer the minister to the picket line at the Western Power Kwinana power station being maintained despite the Western Australian Industrial Relations Commission order given on 3 November that the striking contractors return to work. (1) Does the minister agree that orders issued by the IR commission are lawful directions that must be followed? (2) What are the options available to the Government to enforce the IR commission order for those workers to end their action and return to work? (3) What other options are there for the Government to remove the picket line? (4) Has the minister discussed options for ending the picket line with the Minister for Energy or any other minister; and, if not, why not? (5) Does the Government intend to take any action to enable workers to lawfully and safely enter their workplace without fear of threats and intimidation; and, if not, why not? (6) If the Government intends to take action to ensure that the law is upheld, when will it do so? Hon TOM STEPHENS

AnswerView source ↗

(1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(1) Does the minister agree that orders issued by the IR commission are lawful directions that must be followed? (2) What are the options available to the Government to enforce the IR commission order for those workers to end their action and return to work? (3) What other options are there for the Government to remove the picket line? (4) Has the minister discussed options for ending the picket line with the Minister for Energy or any other minister; and, if not, why not? (5) Does the Government intend to take any action to enable workers to lawfully and safely enter their workplace without fear of threats and intimidation; and, if not, why not? (6) If the Government intends to take action to ensure that the law is upheld, when will it do so? Hon TOM STEPHENS replied: (1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(2) What are the options available to the Government to enforce the IR commission order for those workers to end their action and return to work? (3) What other options are there for the Government to remove the picket line? (4) Has the minister discussed options for ending the picket line with the Minister for Energy or any other minister; and, if not, why not? (5) Does the Government intend to take any action to enable workers to lawfully and safely enter their workplace without fear of threats and intimidation; and, if not, why not? (6) If the Government intends to take action to ensure that the law is upheld, when will it do so? Hon TOM STEPHENS replied: (1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(3) What other options are there for the Government to remove the picket line? (4) Has the minister discussed options for ending the picket line with the Minister for Energy or any other minister; and, if not, why not? (5) Does the Government intend to take any action to enable workers to lawfully and safely enter their workplace without fear of threats and intimidation; and, if not, why not? (6) If the Government intends to take action to ensure that the law is upheld, when will it do so? Hon TOM STEPHENS replied: (1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(4) Has the minister discussed options for ending the picket line with the Minister for Energy or any other minister; and, if not, why not? (5) Does the Government intend to take any action to enable workers to lawfully and safely enter their workplace without fear of threats and intimidation; and, if not, why not? (6) If the Government intends to take action to ensure that the law is upheld, when will it do so? Hon TOM STEPHENS replied: (1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(5) Does the Government intend to take any action to enable workers to lawfully and safely enter their workplace without fear of threats and intimidation; and, if not, why not? (6) If the Government intends to take action to ensure that the law is upheld, when will it do so? Hon TOM STEPHENS replied: (1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(6) If the Government intends to take action to ensure that the law is upheld, when will it do so? Hon TOM STEPHENS replied: (1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
Hon TOM STEPHENS replied: (1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(1) Yes. (2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(2) The Government is not empowered under the Industrial Relations Act 1979 to take proceedings for enforcement of an order, such as the one issued in this case arising out of compulsory conference. (3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(3) There may be a range of options available depending on the specific facts of the case. (4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(4) No. (5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(5) The affected parties have the ability to take legal action, including civil and criminal proceedings if issues of threats and intimidation are involved, should they so wish. The Government should not become involved in private industrial disputation unless there is sufficient public interest to do so. (6) Not applicable.
(6) Not applicable.

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