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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Industrial Relations Amendment Bill 2008
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Industrial Relations
Act 1979 amended
3. The Act amended 3
4. Section 7 amended 3
5. Section 8 amended 3
6. Section 9 amended and consequential amendment
to Legal Profession Act 2008 4
7. Section 13 amended 4
8. Section 14 amended 4
9. Section 15 replaced by sections 15 to 15B 5
15. Constitution of Full Bench 5
15A. Matters relating to presiding member of
Full Bench 5
15B. Constitution of Commission in Court
Session 6
10. Section 16 amended 6
11. Section 17 amended 7
12. Section 18 amended 7
13. Section 20 amended 8
14. Section 27 amended 8
15. Section 34 amended 9
16. Section 49 amended 10
17. Section 53 amended 10
18. Section 54 amended 10
19. Section 66 amended 10
20. Section 72A amended 10
293--1 page i
Industrial Relations Amendment Bill 2008
Contents
21. Section 76 repealed 11
22. Section 80E amended 11
23. Section 80R amended 12
24. Section 81B amended 12
25. Section 90 amended 12
26. Section 92 amended 13
27. Section 106 amended 13
28. Various references to President amended 13
29. Various references to Full Bench amended 13
30. Schedule 1 amended 14
Part 3 -- Amendments to other Acts
31. Coal Industry Tribunal of Western Australia
Act 1992 amended 15
32. Constitution Acts Amendment Act 1899 amended 15
33. Equal Opportunity Act 1984 amended 15
34. Juries Act 1957 amended 15
35. Police Act 1892 amended 15
page ii
Western Australia
LEGISLATIVE COUNCIL
Industrial Relations Amendment Bill 2008
A Bill for
An Act to amend the Industrial Relations Act 1979 and to make
consequential amendments to various Acts.
The Parliament of Western Australia enacts as follows:
page 1
Industrial Relations Amendment Bill 2008
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Industrial Relations Amendment Act 2008.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
page 2
Industrial Relations Amendment Bill 2008
Industrial Relations Act 1979 amended Part 2
s. 3
Part 2 -- Industrial Relations Act 1979 amended
3. The Act amended
The amendments in this Part are to the Industrial Relations
Act 1979.
5 4. Section 7 amended
Section 7(1) is amended as follows:
(a) in the definition of "Commission in Court Session" by
deleting "15(2);" and inserting instead --
" 15B; ";
10 (b) in the definition of "member of the Commission" by
deleting "the President or" in both places where it
occurs;
(c) by deleting the definition of "President";
(d) by inserting in the appropriate alphabetical position --
15 "
"presiding member", of the Full Bench, has the
meaning given in section 15(1)(a);
".
5. Section 8 amended
20 (1) Section 8(2) is amended as follows:
(a) by deleting paragraph (a);
(b) after paragraph (c) by deleting "and".
(2) After section 8(2) the following subsection is inserted --
"
25 (2AA) In the case of the Full Bench, the Commission includes
the presiding member.
".
page 3
Industrial Relations Amendment Bill 2008
Part 2 Industrial Relations Act 1979 amended
s. 6
6. Section 9 amended and consequential amendment to Legal
Profession Act 2008
(1) Section 9(1) is repealed.
(2) Section 9(1aa) is repealed.
5 (3) Section 9(1a) is repealed.
(4) The Legal Profession Act 2008 section 668(3) is repealed.
[Note: The heading to amended section 9 is to read "Qualifications for
appointment of Chief Commissioner".]
7. Section 13 amended
10 Section 13 is amended as follows:
(a) after paragraph (a) by inserting --
"
or
(aa) the presiding member of the Full Bench; or
15 ";
(b) after paragraph (ab) by inserting --
" or ";
(c) by deleting "judge." and inserting instead --
"
20 judge has in the performance of his or her duties as a
judge.
".
8. Section 14 amended
Section 14(1) is repealed.
25 [Note: The heading to amended section 14 is to read "Exercise of powers
and jurisdiction of Commission".]
page 4
Industrial Relations Amendment Bill 2008
Industrial Relations Act 1979 amended Part 2
s. 9
9. Section 15 replaced by sections 15 to 15B
Section 15 is repealed and the following sections are inserted
instead --
"
5 15. Constitution of Full Bench
(1) The Commission as the Full Bench shall be constituted
by --
(a) a judge assigned by the Chief Justice of
Western Australia (the "presiding member");
10 and
(b) not less than 2 commissioners assigned by the
Chief Commissioner,
sitting or acting together.
(2) An assignment under subsection (1)(a) or (b) may alter
15 the constitution of the Full Bench.
(3) An assignment under subsection (1)(b) may be made
notwithstanding that the commissioner assigned is for
the time being appointed as or to a constituent
authority.
20 (4) When it is continuing to deal with and deciding a
matter in relation to which its constitution has been
altered, the Full Bench can have regard to --
(a) any record of the proceedings of the Full Bench
in relation to the matter before the alteration; or
25 (b) any evidence taken in the proceedings before
the alteration.
15A. Matters relating to presiding member of Full Bench
(1) The assignment of a person as a presiding member of
the Full Bench does not affect the person's tenure of
30 office as, or status as, a judge nor the payment of the
page 5
Industrial Relations Amendment Bill 2008
Part 2 Industrial Relations Act 1979 amended
s. 10
person's salary or allowances as a judge nor any other
rights or privileges of the person as a judge.
(2) A person's service as a presiding member is to be taken
for all purposes to be service in the person's office of
5 judge.
(3) Nothing in this Act prevents a person who is serving as
a presiding member from doing anything in the
person's capacity as a judge.
(4) A person serving as the presiding member has the
10 jurisdiction expressly conferred on a presiding member
by this Act or by any other Act and in the exercise of
that jurisdiction the person constitutes the Commission
and has and may exercise such powers of the
Commission as may be necessary or appropriate.
15 15B. Constitution of Commission in Court Session
The Commission in Court Session shall be constituted
by not less than 3 commissioners sitting or acting
together.
".
20 10. Section 16 amended
(1) Section 16(1) is repealed and the following subsection is
inserted instead --
"
(1) In this section --
25 "Commission" includes the Commission in Court
Session and a constituent authority.
".
page 6
Industrial Relations Amendment Bill 2008
Industrial Relations Act 1979 amended Part 2
s. 11
(2) Section 16(1aa) is amended by deleting "members of the
Commission." and inserting instead --
"
commissioners including a commissioner assigned to
5 the Full Bench.
".
(3) Section 16(1a) is amended by deleting "the Full Bench or".
(4) Section 16(2) is amended as follows:
(a) by deleting paragraph (c) and "and" after it;
10 (b) after paragraph (b) by inserting --
" and ".
11. Section 17 amended
(1) Section 17(1) is amended by deleting "acting President,".
(2) Section 17(1a) and (1b) are repealed.
15 (3) Section 17(2) is amended by deleting "acting President or".
12. Section 18 amended
Section 18(3) and (4) are repealed and the following subsections
are inserted instead --
"
20 (3) The continuation in office of a retired member of the
Commission under subsection (1) does not prevent the
appointment of a person to fill the office from which
the member retired.
(4) The continuation in office of an acting member of the
25 Commission under subsection (1) does not prevent the
appointment of another person to act in the office in
which the acting member acted.
(5) The Governor may extend the period of office of a
person who held office as the President or acting
page 7
Industrial Relations Amendment Bill 2008
Part 2 Industrial Relations Act 1979 amended
s. 13
President immediately before the commencement of
the Industrial Relations Amendment Act 2008 section 4
for such further period as the Governor determines, in
order to enable the person to complete all matters,
5 proceedings or inquiries that the person had entered
upon and not completed before the commencement of
that section.
".
13. Section 20 amended
10 (1) Section 20(1) is repealed.
(2) Section 20(2) is amended by deleting ", other than the
President".
(3) Section 20(8c) and (8d) are repealed.
(4) Section 20(11) to (13) are repealed and the following subsection
15 is inserted instead --
"
(11) Despite the repeal of subsections (12) and (13) by the
Industrial Relations Amendment Act 2008 section 13,
subsections (12) and (13) continue to apply in relation
20 to a person who held office as President or acting
President before the commencement of the Industrial
Relations Amendment Act 2008 section 4 or the
surviving spouse, de facto partner or child of such a
person.
25 ".
14. Section 27 amended
Section 27(1) is amended as follows:
(a) in paragraph (t) by deleting "thereof " and inserting
instead --
page 8
Industrial Relations Amendment Bill 2008
Industrial Relations Act 1979 amended Part 2
s. 15
"
of the matter, including any question of
interpretation of the rules of an organisation,
";
5 (b) in paragraph (u) by deleting "with the consent of the
President";
(c) in paragraph (u) by deleting "including any" and
inserting instead --
" other than a ".
10 15. Section 34 amended
(1) Section 34(1) is repealed and the following subsection is
inserted instead --
"
(1) The decision of the Commission shall be in the form of
15 an award, order or declaration and shall be signed and
delivered --
(a) in the case of a decision of the Commission
constituted by a single commissioner -- by the
commissioner; or
20 (b) in the case of a decision of the Commission in
Court Session -- by the senior commissioner
among the commissioners constituting the
Commission in Court Session; or
(c) in the case of a decision of the Full Bench or its
25 presiding member -- by the presiding member.
".
(2) Section 34(3) and (4) are amended by deleting "President, the
Full Bench," and inserting instead --
" Full Bench, or its presiding member, ".
page 9
Industrial Relations Amendment Bill 2008
Part 2 Industrial Relations Act 1979 amended
s. 16
16. Section 49 amended
(1) Section 49(1) is amended by deleting "In this section" and
inserting instead --
" In subsections (2) to (6a) ".
5 (2) Section 49(7) is repealed.
(3) Section 49(8) and (9) are amended by deleting "President" and
inserting instead --
" presiding member ".
(4) Section 49(12) is amended by deleting "President." and
10 inserting instead --
" presiding member of the Full Bench. ".
17. Section 53 amended
Section 53(2) is amended by deleting "Full Bench if the Full
Bench" and inserting instead --
15 " Commission in Court Session if it ".
18. Section 54 amended
Section 54(2) is amended by deleting "Full Bench if the Full
Bench" and inserting instead --
" Commission in Court Session if it ".
20 19. Section 66 amended
Section 66(7) and (8) are repealed.
[Note: The heading to amended section 66 is to read "Power of Chief
Commissioner to deal with complaint by members, certain other
persons or Registrar against organisation".]
25 20. Section 72A amended
(1) Section 72A(5) is amended as follows:
page 10
Industrial Relations Amendment Bill 2008
Industrial Relations Act 1979 amended Part 2
s. 21
(a) by deleting "The Full Bench" and inserting instead --
" The Commission in Court Session ";
(b) by deleting "the opinion of the Full Bench," and
inserting instead --
5 " its opinion, ".
(2) Section 72A(6) is amended as follows:
(a) by deleting "Full Bench is to refer" and inserting
instead --
" Commission in Court Session is to refer ";
10 (b) by deleting "the Full Bench is satisfied" and inserting
instead --
" it is satisfied ".
(3) Section 72A(7) is amended by deleting "President's" and
inserting instead --
15 " Chief Commissioner's ".
21. Section 76 repealed
Section 76 is repealed.
22. Section 80E amended
Section 80E(6) is amended as follows:
20 (a) in paragraph (a) by deleting "or any part of that
industrial matter" and inserting instead --
"
, any part of an industrial matter or any
question of interpretation of the rules of an
25 organisation,
";
(b) in paragraph (b) by deleting "with the consent of the
President";
page 11
Industrial Relations Amendment Bill 2008
Part 2 Industrial Relations Act 1979 amended
s. 23
(c) in paragraph (b) by deleting "including any" and
inserting instead --
" other than a ".
23. Section 80R amended
5 Section 80R(3) is amended as follows:
(a) in paragraph (a) by deleting "or any part of that
industrial matter" and inserting instead --
"
, any part of an industrial matter or any
10 question of interpretation of the rules of an
organisation,
";
(b) in paragraph (b) by deleting "with the consent of the
President";
15 (c) in paragraph (b) by deleting "including any" and
inserting instead --
" other than a ".
24. Section 81B amended
Section 81B(2) and (4) are amended by deleting "joint
20 recommendation of the President and" and inserting instead --
" recommendation of ".
25. Section 90 amended
Section 90(1) and (3) are amended by deleting "President, the
Full Bench," and inserting instead --
25 " Full Bench, or its presiding member, ".
page 12
Industrial Relations Amendment Bill 2008
Industrial Relations Act 1979 amended Part 2
s. 26
26. Section 92 amended
Section 92(4) is repealed and the following subsection is
inserted instead --
"
5 (4) The presiding member of the Full Bench, when
presiding on the Full Bench or sitting or acting alone,
has and may exercise like powers as are conferred on
the Court by this section.
".
10 27. Section 106 amended
Section 106(a)(ii) is amended by deleting "President," and
inserting instead --
" presiding member of the Full Bench, ".
28. Various references to President amended
15 Each provision listed in the Table to this section is amended by
deleting "President" in each place where it occurs and inserting
instead --
" Chief Commissioner ".
Table
s. 62(3) s. 66(1), (2), (3) and (9)
s. 72A(6), (7) and (8) s. 73(2)
s. 80H(3)(a)
20 29. Various references to Full Bench amended
Each provision listed in the Table to this section is amended by
deleting "Full Bench" in each place where it occurs and
inserting instead --
" Commission in Court Session ".
page 13
Industrial Relations Amendment Bill 2008
Part 2 Industrial Relations Act 1979 amended
s. 30
Table
s. 7(1) (defn. of "office" and s. 53(1)
"registration")
s. 54(1) s. 55(2)(c), (3), (4) and (5)
s. 58(1), (2) and (3) s. 59(1) and (3)
s. 60(1) s. 62(2)
s. 66(9) s. 68
s. 69(12) s. 71(2), (3), (7), (8), (9)(a)
and (10)
s. 72(1) s. 72A(2), (3), (4) and (7)
s. 73(1), (6), (7), (7a)(c),
(7b), (8), (9), (10) and (12)
[Note: The heading to amended section 68 is to read "Declaration by
Commission in Court Session as to certain functions".]
30. Schedule 1 amended
5 (1) Schedule 1 clause 2 is amended as follows:
(a) by deleting paragraph (c) and inserting instead --
"
(c) presiding members;
";
10 (b) after paragraph (e) by deleting "and".
(2) Schedule 1 clause 6 is amended by deleting ", the President,".
page 14
Industrial Relations Amendment Bill 2008
Amendments to other Acts Part 3
s. 31
Part 3 -- Amendments to other Acts
31. Coal Industry Tribunal of Western Australia Act 1992
amended
(1) The amendments in this section are to the Coal Industry
5 Tribunal of Western Australia Act 1992.
(2) Section 18(1) is amended by deleting "President of the
Commission" and inserting instead --
" presiding member of the Full Bench ".
32. Constitution Acts Amendment Act 1899 amended
10 (1) The amendment in this section is to the Constitution Acts
Amendment Act 1899.
(2) Schedule V Part 1 Division 1 is amended by deleting "President
of The Western Australian Industrial Relations Commission.".
33. Equal Opportunity Act 1984 amended
15 (1) The amendment in this section is to the Equal Opportunity
Act 1984.
(2) Section 66ZN(2)(g) is amended by deleting "President or".
34. Juries Act 1957 amended
(1) The amendment in this section is to the Juries Act 1957.
20 (2) The Second Schedule Part I clause 1(c) is amended by deleting
"President or commissioner of the" and inserting instead --
" commissioner of the Western Australian ".
35. Police Act 1892 amended
(1) The amendments in this section are to the Police Act 1892.
25 (2) Section 33S is amended in the Table to the section as follows:
page 15
Industrial Relations Amendment Bill 2008
Part 3 Amendments to other Acts
s. 35
(a) in the item dealing with s. 34 by deleting "President, the
Full Bench, " in each place where it occurs and inserting
instead --
" Full Bench, or its presiding member, ";
5 (b) in the item dealing with s. 90 by deleting "President, the
Full Bench," and inserting instead --
" Full Bench, or its presiding member, ".
page 16
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