Industrial Relations Act 1979 - 14-00-00 - State Law Publisher

Western Australia Industrial Relations Act 1979 Reprint 14: The Act as at 24 August 2012
Guide for using this reprint What the reprint includes
[pic] Endnotes, Compilation table, and Table of provisions that have
not come into operation
1. Details about the original Act and legislation that has amended
its text are shown in the Compilation table in endnote 1, at the back
of the reprint. The table also shows any previous reprint.
2. Validation, transitional, savings, modifying or other
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table may refer to another endnote setting out the text of these
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3. A table of provisions that have not come into operation, to be
found in endnote 1a if it is needed, lists any provisions of the Act
being reprinted that have not come into operation and any amendments
that have not come into operation. The full text is set out in
another endnote that is referred to in the table. Notes amongst text (italicised and within square brackets)
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been amended, since the Act being reprinted was passed, editorial
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Notes of this kind may also be at the foot of Schedules or
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2. The other kind of editorial note shows something has been -
. removed (because it was repealed or deleted from the law); or
. omitted under the Reprints Act 1984 s. 7(4) (because, although
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The text of anything removed or omitted can be found in an earlier
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shows how many times the Act has been reprinted. For example,
numbering a reprint as "Reprint 3" would mean that the reprint was
the 3rd reprint since the Act was passed. Reprint numbering was
implemented as from 1 January 2003.
2. The information in the reprint is current on the date shown as
the date as at which the Act is reprinted. That date is not the date
when the reprint was published by the State Law Publisher and it is
probably not the date when the most recent amendment had effect. | | |Reprinted under |
| | |the Reprints Act |
| | |1984 as |
| | |at 24 August 2012 |
Western Australia Industrial Relations Act 1979 CONTENTS
Part I - Introductory
1. Short title 2
2. Commencement 2
3. Application of Act off-shore 2
4. Repeal 5
6. Objects of Act 5
7. Terms used 6 Part II - The Western Australian Industrial Relations Commission
Division 1 - Constitution of the Commission
8. Members etc. 19
9. President and Chief Commissioner, who are eligible to be etc. 20
10. Age limit for members 21
11. Oath of office and secrecy 21
12. Commission is court of record etc. 22
13. Protection of members and others 22
14. President and commissioners, jurisdiction of 22
14A. Dual Federal and State appointments 23
14B. Performance of duties by dual Federal and State appointees 23
15. Full Bench and Commission in Court Session, constitution of 24
16. Chief Commissioner's functions 24
16A. Delegation by Chief Commissioner 26
17. Acting members of Commission, appointment of etc. 27
18. Extending appointments 28
19. Members to keep acquainted with industrial affairs etc. 28
20. Conditions of service of members 29
21. Resignation from office 31
22. Tenure subject to good behaviour 31
Division 2 - General jurisdiction and powers of the Commission
22A. Terms used 32
22B. Commission to act with due speed 32
23. Jurisdiction of Commission 32
23A. Unfair dismissal claims, Commission's powers on 35
23B. Third party involvement in employment claim, Commission's powers
to prevent etc. 37
24. Industrial matters, Commission may decide what are 38
25. Allocation of industrial matters by Chief Commissioner 38
26. Commission to act according to equity and good conscience 39
27. Powers of Commission 41
28. Powers in s. 27 may be exercised at any time after matter lodged
44
29. Who may refer industrial matters to Commission 44
29AA. Certain claims not to be determined 45
29A. Proposed award etc., service of etc. 46
29B. Parties to proceedings 49
30. Minister may intervene on behalf of State 49
31. Representation of parties to proceedings 49
32. Conciliation and arbitration of industrial matters 50
32A. Conciliation and arbitration functions of Commission are
unlimited 52
33. Evidence before Commission 53
34. Decisions of Commission, form of and review of 55
35. Decision to be first drawn up as minutes 55
36. Decision to be sealed and deposited 56
Division 2A - Awards
36A. Non-award employees, interim award for etc. 56
37. Effect, area and scope of awards 57
38. Named parties to awards 58
39. When award operates 59
40. Varying and cancelling awards 60
40A. Incorporation of industrial agreement provisions into awards by
consent 61
40B. Power to vary awards to reflect statutory etc. requirements, to
promote efficiency and to facilitate implementation 61
Division 2B - Industrial agreements
40C. Terms used 63
41. Industrial agreements, making, registration and effect of 63
41A. Which industrial agreements shall not be registered under s. 41
65
42. Bargaining for industrial agreement, initiating 66
42A. Response to initiation of bargaining 67
42B. Bargaining for industrial agreements, good faith required etc.
68
42C. Code of good faith 69
42D. Duty of good faith does not require concluded industrial
agreement 70
42E. Commission may assist bargaining 70
42F. Commission's power over negotiating parties restricted 71
42G. Parties may agree to Commission making orders as to terms of
agreement 71
42H. Commission may declare that bargaining has ended 72
42I. Enterprise order, applying for and making 72
42J. Enterprise order, effect of 74
42K. Enterprise order, term of and varying etc. 75
42L. When bargaining ends 76
42M. Regulations for this Division 76
43. Industrial agreement, varying, renewing and cancelling 76
Division 2C - Holding of compulsory conferences
44. Compulsory conference, summoning, holding etc. 77
Division 2D - Miscellaneous provisions relating to awards,
orders and agreements
46. Interpretation of awards and orders by Commission 82
47. Defunct awards etc., cancelling; employers not in business etc.,
deleting from awards etc. 83
48. Board of Reference for each award 84
48A. Awards etc. to provide for dispute resolution 86
48B. Superannuation, provisions about in awards etc. 87
Division 2E - Appeals to the Full Bench
49. Appeal from Commission's decision 89
Division 2F - Keeping of and access to employment records
49D. Employer's duties as to employment records 92
49E. Access to employment records 94
49F. Enforcement of this Division 95
Division 2G - Right of entry and inspection by authorised
representatives
49G. Terms used 95
49H. Entry for discussions with employees 95
49I. Entry to investigate certain breaches 96
49J. Authorising authorised representatives 98
49K. No entry to premises used for habitation 100
49L. Authority must be shown on request 100
49M. Obstructing etc. rights etc. under this Division etc. 100
49N. Entry and inspection, provisions in awards etc. as to 101
49O. Enforcement of this Division 102
Division 3 - General Orders
50. General Orders, nature of and making 102
50A. Rates of pay etc. for MCE Act and awards, annual State Wage
order as to 103
50B. Apprentices, matters relevant to setting rates for in State Wage
order 106
51A. Public sector discipline, General Orders as to 107
51B. General Order not to set minimum condition set by MCE Act
108
51BA. Notice of hearing to make General Order 109
51BB. Right to be heard before General Order made 109
51BC. Commissioner may deal with certain proceedings 110
51BD. Awards etc. affected by General Order, publication of 110
51BE. Publication of order 110
Division 3A - MCE Act functions
Subdivision 1 - Preliminary
51C. Term used: Commission