The Industrial Relations Commission (IRC) is threatening to start proceedings to suspend the registration of the nurses union unless it can demonstrate why that should not happen.
The extraordinary step comes after the Australian Nursing Federation (ANF) disregarded orders by the industrial umpire, including not to stage a mass one-day strike on Friday, and not to direct members how to vote on a wages offer by the WA government.
ANF state secretary Janet Reah also did not appear before the commission on Friday after being summoned to a hearing, and instead addressed nurses at a rally outside state parliament and the government's ministerial offices at Dumas House.
IRC senior commissioner Rachel Cosentino has now written to Ms Reah, putting her on notice that she is considering issuing a direction to summons the ANF to appear before the commission to "show cause why the ANF's registration should not be suspended".
Ms Cosentino said the reasons for this were the ANF had failed to adhere to commitments it made during compulsory conferences, it had contravened orders of the commission, and it had made public statements about the orders.
"It appears the ANF's continued registration is inconsistent with the objects of the Industrial Relations Act 1979 (WA) (IR Act)," Ms Cosentino wrote.
By law, she is required to invite the officers of the ANF to consult with her before issuing the direction.
Specifically, Ms Cosentino has asked Ms Reah and ANF director of legal and industrial services Belinda Burke to a private meeting "to consult with me concerning my proposed course of action" in her IRC chambers on Thursday at 10am.
The suspension of the union's registration would mean it no longer had the right to enrol or represent members and it would be stripped of its right of entry to places where its members worked.
The move towards suspending the ANF's registration shows how seriously the IRC considers the flouting of its orders and authority.
In ordering last week's strike not to go ahead, Ms Cosentino had also warned proceeding with the industrial action would pose a serious risk to public health and safety.
Ms Reah denounced the Commission's move and attacked the WA government.
"You look at NSW where the nurses and midwives there have been on strike four times in the last six months and they get fined $25,000," she said in a statement.
"The ANF in WA goes on strike once and the government starts deregistration proceedings.
"We were heroes during the pandemic but now, according to the McGowan government, we are criminals and all because we are standing up for our patients and demanding improvements to attract and retain staff to fill the thousands of vacant shifts every month."
"They have been trying to separate the leadership from the ANF membership throughout this dispute and that hasn't worked so now they are trying to remove the union altogether.
"The nurses will be fuming with this latest move by the government. But most importantly of all, this latest move does nothing to solve the current dispute."
Ms Reah said she was getting advice from the ANF legal team and would speak with ANF secretaries in other states.
"We have a lot of scared staff at the ANF, and I've got a lot of scared members right now," she said.
A spokesperson for Industrial Relations Minister Bill Johnston said the government had nothing to do with the move.
"We have made no application to the Industrial Relations Commission, nor asked the commission to take these steps," the spokesperson said.
"It is a matter between the commission and the ANF. We respect the independent umpire."
