The expression 'the premises of an employer' in s 23(3)(c)(iii) of the Industrial Relations Act 1979 (WA) and awards made thereunder means any premises where an employer who employs union labour is carrying out work, including a construction site controlled by a head contractor that does not itself employ union labour but where subcontractors employ union members. The defence of honest claim of right under s 22 of the Criminal Code (WA) is not confined to offences under Part VI of the Code but extends to any offence relating to property, including s 82B of the Police Act 1892 (WA), and may be founded on a statutory right as well as a common law right. Pearce v Paskov [1968] WAR 66 no longer represents the law in Western Australia.
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