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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Industrial Relations Amendment Bill 2005
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 16 amended 2
5. Section 16A inserted 3
16A. Delegation by Chief Commissioner 3
6. Section 17 amended 4
7. Section 18 amended 4
8. Section 25 amended 5
9. Section 98 amended 5
074--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Industrial Relations Amendment Bill 2005
A Bill for
An Act to amend the Industrial Relations Act 1979.
The Parliament of Western Australia enacts as follows:
page 1
Industrial Relations Amendment Bill 2005
s. 1
1. Short title
This is the Industrial Relations Amendment Act 2005.
2. Commencement
This Act comes into operation on the day after the day on which
5 it receives the Royal Assent.
3. The Act amended
The amendments in this Act are to the Industrial Relations
Act 1979*.
[* Reprint 10 as at 8 July 2005.]
10 4. Section 16 amended
Section 16(1) is repealed and the following subsections are
inserted instead --
"
(1) In subsections (1aa) to (1ac) --
15 "Commission" includes the Full Bench, the
Commission in Court Session and a constituent
authority.
(1aa) The Chief Commissioner is responsible for matters of
an administrative nature relating to the Commission
20 and members of the Commission.
(1ab) Subject to this Act, the Chief Commissioner may
allocate and reallocate the work of the Commission and
may assign or appoint Commissioners for the purposes
of constituting the Commission, or altering the
25 constitution of the Commission, in relation to a matter.
page 2
Industrial Relations Amendment Bill 2005
s. 5
(1ac) When it is continuing to deal with and deciding a
matter that has been reallocated, or in relation to which
its constitution has been altered, the Commission can
have regard to --
5 (a) any record of the proceedings of the
Commission in relation to the matter before the
reallocation or alteration; or
(b) any evidence taken in the proceedings before
the reallocation or alteration.
10 ".
5. Section 16A inserted
After section 16 the following section is inserted --
"
16A. Delegation by Chief Commissioner
15 (1) The Chief Commissioner may delegate to another
member of the Commission any power or duty of
the Chief Commissioner under another provision of
this Act.
(2) The delegation must be in writing signed by the Chief
20 Commissioner.
(3) A person to whom a power or duty is delegated in
accordance with this section cannot delegate that power
or duty.
(4) A person exercising or performing a power or duty that
25 has been delegated to the person in accordance with
this section is taken to do so in accordance with the
terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Chief
Commissioner to perform a function through an officer
30 or agent.
".
page 3
Industrial Relations Amendment Bill 2005
s. 6
6. Section 17 amended
After section 17(1) the following subsections are inserted --
"
(1a) Where the office of President is vacant, or is expected
5 to become vacant, the Governor may appoint a person
to be Acting President.
(1b) An Acting President appointed under subsection (1a)
holds office for such period, not longer than 2 years, as
is specified in the instrument of appointment and, upon
10 the expiration of the period, is eligible for
reappointment.
".
7. Section 18 amended
After section 18(2) the following subsections are inserted --
15 "
(3) The continuation in office of a retired member of the
Commission under subsection (1) does not prevent --
(a) the appointment of a person to fill the office
from which the member retired; or
20 (b) in the case of a retired President, the
appointment of a person as Acting President
under section 17(1a).
(4) The continuation in office of an acting member of the
Commission under subsection (1) does not prevent --
25 (a) the appointment of another person to act in the
office in which the acting member acted; or
(b) in the case of an Acting President, the
appointment of a person as the President.
".
page 4
Industrial Relations Amendment Bill 2005
s. 8
8. Section 25 amended
Section 25(1) is amended by deleting "In" and inserting
instead --
" For the purposes of section 16(1ab), in ".
5 9. Section 98 amended
(1) Section 98(1) is repealed and the following subsection is
inserted instead --
"
(1) Industrial Inspectors may be appointed under and
10 subject to Part 3 of the Public Sector Management
Act 1994 to perform the functions conferred on them
by this Act or any other written law.
".
(2) Section 98(2) is amended by deleting ", the regulations and of
15 any award, industrial agreement or order," and inserting
instead --
" and of any instrument to which this section applies ".
(3) Section 98(3)(a) is amended by deleting "awards or orders in
force thereunder" and inserting instead --
20 " instrument to which this section applies ".
(4) Section 98(6) is amended as follows:
(a) by deleting "subsection (3)(a)" and inserting instead --
" this section ";
(b) in the definition of "conveyance" by deleting "goods."
25 and inserting instead --
" goods; ";
page 5
Industrial Relations Amendment Bill 2005
s. 9
(c) after the definition of "conveyance" by inserting --
"
"instrument to which this section applies" means --
(a) an award;
5 (b) an industrial agreement;
(c) an order made by the Commission; and
(d) an employer-employee agreement or contract
of employment to the extent, and only to the
extent, that a condition is implied in that
10 agreement or contract by section 5 of the
MCE Act.
".
(5) After section 98(6) the following subsection is inserted --
"
15 (7) A reference to this Act in subsection (2), (3) or (5)
includes a reference to another written law referred to
in subsection (1).
".
page 6
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