INDUSTRIAL RELATIONS ACT 1979

Western Australian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1979

TABLE OF PROVISIONS

Long Title

PART I -- Introductory

1. Short title
2. Commencement
3. Application off-shore
4. Repeal
6. Objects
7. Interpretation

PART II -- The Western Australian Industrial Relations Commission

Division 1 -- Constitution of the Commission

8. Constitution of Commission
9. Qualifications for appointment of President and Chief Commissioner
10. Age limit for members of Commission
11. Oath of office and secrecy
12. Commission court of record
13. Protection of members of Commission and others
14. Exercise of powers and jurisdiction of President and Commission
14A. Dual Federal and State appointments
14B. Performance of duties by dual Federal and State appointees
15. Constitution of Full Bench and Commission in Court Session
16. Powers and duties of Chief Commissioner
16A. Delegation by Chief Commissioner
17. Appointment of acting members of Commission
18. Extension of appointment
19. Duty of members of Commission
20. Conditions of service of members of Commission
21. Resignation from office
22. Tenure subject to good behaviour

Division 2 -- General jurisdiction and powers of the Commission

22A. Interpretation
22B. Commission to act with due speed
23. Jurisdiction of Commission under this Act
23A. Powers of Commission on claims of unfair dismissal
23B. Power to prevent external interference with employment issues
24. Jurisdiction to decide whether matter is industrial
25. Allocation of industrial matters
26. Commission to act according to equity and good conscience
27. Powers of Commission
28. Exercise of powers prior to hearing and determination of matter
29. By whom matters may be referred
29AA. Certain claims not to be determined
29A. Service of claims and applications
29B. Parties to proceedings
30. Intervention by Minister on behalf of State
31. Representation of parties to proceedings
32. Reference of industrial matters for conciliation
32A. Conciliation and arbitration functions of Commission to be unlimited
33. Evidence before Commission
34. Decision to be in form of award, order, or declaration
35. Decision to be first drawn up as minutes
36. Decision to be sealed and deposited

Division 2A -- Awards

36A. Application for award coverage for non-award employees
37. Effect, area and scope of awards
38. Named parties to awards
39. Date of operation of award
40. Power to vary or cancel award
40A. Incorporation of industrial agreement provisions into awards by consent
40B. Power to vary awards to reflect statutory and other requirements, to promote efficiency and to facilitate implementation

Division 2B -- Industrial agreements

40C. Interpretation
41. Industrial agreements
41A. Registration of industrial agreement
42. Initiation of bargaining for industrial agreement
42A. Response to initiation of bargaining
42B. Good faith bargaining for industrial agreement
42C. Code of good faith
42D. Duty of good faith does not require concluded industrial agreement
42E. Conciliation and arbitration to assist bargaining
42F. Restriction on Commission’s power in relation to industrial agreements
42G. Parties may agree to Commission making orders as to terms of agreement
42H. Commission may declare that bargaining has ended
42I. Commission may make enterprise orders
42J. Effect of enterprise order
42K. Term of enterprise order
42L. When bargaining ends
42M. Regulations
43. Power to vary, renew or cancel industrial agreement

Division 2C -- Holding of compulsory conferences

44. Compulsory conference

Division 2D -- Miscellaneous provisions relating to awards, orders and agreements

46. Interpretation of awards and orders
47. Cancellation of defunct awards, and deletion of employers from awards in certain cases
48. Boards of Reference to be established
48A. Awards and agreements to make provision for resolution of disputes
48B. Superannuation

Division 2E -- Appeals to the Full Bench

49. Appeals to Full Bench from decision of Commission under this Act

Division 2F -- Keeping of and access to employment records

49D. Keeping of employment records
49E. Access to employment records
49F. Enforcement of this Division

Division 2G -- Right of entry and inspection by authorised representatives

49G. Interpretation
49H. Right of entry for discussions with employees
49I. Right of entry to investigate breaches
49J. Provisions as to authorities issued to representatives
49K. No entry to premises used for habitation
49L. Authority must be shown on request
49M. Conduct giving rise to civil penalties
49N. Power of Commission restricted
49O. Enforcement of this Division

Division 3 -- General Orders

50. Power of Commission to make General Orders
50A. Commission to determine rates of pay for purposes of MCE Act and awards
50B. Matters relevant to setting rates for apprentices and trainees
51A. General Orders as to public sector discipline
51B. Commission’s power to make General Orders as to matters for which minimum conditions of employment are prescribed by MCE Act
51BA. Notification of hearing
51BB. Right to be heard
51BC. Commissioner may deal with certain proceedings
51BD. Registrar may prepare and publish provisions resulting from General Order
51BE. Publication of order

Division 3A -- MCE Act functions

Subdivision 1 -- Preliminary

51C. Interpretation

Subdivision 3 -- Casual employees’ loading

51I. Casual employees’ loading

Subdivision 4 -- Orders under this Division generally

51J. Notification of hearings under this Division
51K. Right to be heard
51L. Restrictions on matters that orders under this Division can provide for
51M. Publication of orders
51N. Variation or rescission

Division 3B -- Collective agreements and good faith bargaining

51O. Meaning of terms used in this Division
51P. Representation by organisation
51Q. Bargaining agents
51R. Initiating bargaining for collective agreement
51S. Good faith bargaining for collective agreement
51T. Application of sections 42D and 42E

Division 4 -- Industrial organisations and associations

52. Interpretation
53. Qualifications for and basis of registration of organisations of employees
54. Qualifications for and basis of registration of organisations of employers
55. Requirements attaching to organisation seeking registration
56. Rules to provide for secret ballots etc.
56A. Rules may provide for casual vacancies to be filled in alternative manner
57. Elections to be by secret postal ballot
58. Registration of organisation
59. Registered name
60. Incorporation of organisation upon registration
61. Effect of registration
62. Alteration of registered rules
63. Records to be kept by organisation
64. Registrar may direct that form of membership register be altered
64A. Resignation from an organisation
64B. Membership to end if subscription not paid
64C. Effect of sections 64A and 64B in relation to rules
64D. Purging the register
65. Audit and filing of accounts of organisation
65A. Powers of auditor
66. Power of President to deal with complaints by members, certain other persons or Registrar against organisation
67. Registration of industrial associations
68. Declaration by Full Bench as to certain functions
69. Conduct of election by Registrar or Electoral Commissioner
70. Offences in relation to elections
71. Provisions relating to State branches of Federal organisations
71A. Adoption of rules of Federal organisations
72. Amalgamation of organisations
72A. Coverage of employee organisations
72B. AMA may represent interests of medical practitioners
73. Summons for cancellation or suspension of registration of organisation

Division 5 -- Duties of officers of organisations

74. Duties
75. Auditor to report on compliance with duties
76. Rules are not to conflict with section 74 or 75
77. Proceedings for breach of duty
78. Failure to comply with order
79. Effect on or of other proceedings
80. Disqualification for breach of duty

PART IIA -- Constituent authorities

Division 2 -- Public service arbitrator and appeal boards

80C. Interpretation, construction and application of this Division
80D. Appointment of public service arbitrators
80E. Jurisdiction of Arbitrator
80F. By whom matters may be referred to Arbitrator
80G. Provisions of Part II Division 2 to apply
80H. Public Service Appeal Board
80I. Appeals
80J. Institution of appeals
80K. Proceedings of Boards
80L. Certain provisions of Part II Division 2 to apply

Division 3 -- Railways Classification Board

80M. Interpretation
80N. Railways Classification Board established
80O. Terms of office, etc.
80P. Continuation in office
80Q. Validity of acts of Board
80R. Jurisdiction of Board
80S. By whom matters may be referred to Board
80U. Reclassification of vacant offices by Public Transport Authority
80V. Proceedings of Board
80W. Provisions of Part II Division 2 to 2G to apply

PART IIB -- Enquiries

80ZE. Enquiries

PART IIC -- Arrangements with other industrial authorities

80ZF. References to “Australian Commission”
80ZG. Joint proceedings
80ZH. Reference of industrial matters to Australian Commission for determination under this Act
80ZI. Conferences with other industrial authorities
80ZJ. Exercise of powers conferred under Commonwealth Act

PART III -- Enforcement of Act, awards, industrial agreements and orders

81. Establishment of industrial courts
81A. Jurisdiction under this Act
81AA. Jurisdiction under other Acts
81B. Constitution of industrial courts
81C. Sittings
81CA. Procedure, enforcement etc.
81CB. Industrial magistrate’s court judgments, enforcement of
81D. Clerks of industrial courts
81E. Representation
81F. Industrial magistrate’s court records, access to records
82. Jurisdiction of Full Bench
82A. Time for application
83. Enforcement of certain instruments
83A. Underpayment of employee
83B. Enforcement of unfair dismissal order
83C. Costs of enforcement orders
83D. Proceedings for offences
83E. Contravention of a civil penalty provision
83F. Payment of costs and penalties
84. Appeal to Full Bench from industrial magistrate’s court
84A. Proceedings before Full Bench for enforcement of this Act

PART IV -- Western Australian Industrial Appeal Court

85. Constitution of Western Australian Industrial Appeal Court
86. Jurisdiction of Court
87. Decision of Court
88. Judgments, enforcement of
90. Appeal to Court from Commission
91. Representation
92. Powers of Court in respect of contempt

PART V -- The Registrar and other officers of the Commission

93. Appointment and duties of officers
94. Authority to do acts as directed
95. Duties of deputy registrar
96. Delegation of certain functions to Registrar

PART VIA -- Freedom of association

96A. Interpretation
96B. Certain requirements relating to membership of organisations to have no effect
96C. Discrimination because of membership of organisation
96D. Refusal to employ and discriminatory and injurious acts against persons performing work for employers because of membership or non-membership of employee organisation
96E. Discriminatory and injurious acts against persons because of non-membership of employee organisation
96F. Further provision as to penalties under sections 96C, 96D and 96E
96G. Responsibility of employee organisations and officers and members
96H. Responsibility of corporations and their officers
96I. Onus of proof in certain cases
96J. Industrial magistrate’s court may order compliance
96K. Appeal against decision under section 96J
96L. Power of industrial magistrate’s court to make certain orders after conviction

PART VID -- Employer-employee agreements

Division 1 -- Preliminary

97U. Interpretation

Division 2 -- The making of an EEA

97UA. Employer and employee may make an EEA
97UB. EEA may deal with post-employment matters
97UC. Other provisions about making an EEA
97UD. Making of EEA by person with a mental disability
97UE. Effect of EEA
97UF. EEA not to be made while industrial agreement in operation
97UG. Documents and information to be given to employee before EEA signed
97UH. Application of section 97UG if draft EEA amended
97UI. EEA information statement
97UJ. Bargaining agents
97UK. Prohibited conduct relating to bargaining agents

Division 3 -- Form and content of EEA

97UL. Formalities
97UM. Additional formalities for EEA made with employee under 18
97UN. EEA must provide for resolution of disputes
97UO. What must be included in EEA dispute provisions
97UP. Industrial authority may be specified as arbitrator

Division 4 -- Commencement, duration and variation

97UQ. Commencement of EEA for new employee
97UR. Commencement of EEA for existing employee
97US. Expiry
97UT. Employment conditions on expiry of EEA
97UU. No power to vary an EEA
97UV. Cancellation of EEA
97UW. Termination of contract of employment

Division 5 -- Registration of EEAs

Subdivision 1 -- Preliminary

97UX. Delegation by Registrar

Subdivision 2 -- Registration

97UY. Lodgment for registration
97UZ. Failure to lodge EEA made with new employee
97V. Recovery of money
97VA. Employment conditions of new employee if EEA not lodged for registration within allowed period
97VB. Registrar to be satisfied that EEA in order for registration
97VC. Powers conferred on Registrar
97VD. Registrar to notify parties of certain deficiencies in EEA
97VE. Parties may correct deficiencies
97VF. Registration
97VG. Refusal of registration
97VH. When refusal has effect
97VI. Cessation of EEA for new employee where registration refused
97VJ. Recovery of money
97VK. Employment conditions of new employee if registration refused
97VL. Registrar to provide copy

Subdivision 3 -- Appeal against refusal of registration

97VM. Appeal against refusal of registration
97VN. Relevant industrial authority to notify parties of certain deficiencies in EEA
97VO. Parties may make corrections
97VP. Determination of appeal
97VQ. Proceedings under this Subdivision

Division 6 -- No-disadvantage test

Subdivision 1 -- Definition

97VR. Interpretation
97VS. No-disadvantage test defined
97VT. Determination of award, comparable award or relevant order by Registrar
97VU. All entitlements to be considered
97VV. Particular provision for case where Supported Wage System applies

Subdivision 2 -- Principles to be followed in application of no-disadvantage test

97VW. Interpretation
97VX. Commission to establish principles and guidelines
97VY. Registrar and Commission to give effect to instrument
97VZ. Minister and certain bodies may seek amendment
97W. Requirement for public comment
97WA. Public comment on amendment or substitute instrument

Division 7 -- Register

97WB. Interpretation
97WC. Register
97WD. Inspection of register
97WE. Commission may exempt an EEA from inspection
97WF. Protected information not to be disclosed
97WG. Certified copies

Division 8 -- Disputes

97WH. Interpretation
97WI. Arbitration jurisdiction of relevant industrial authority
97WJ. Representation
97WK. Referral to relevant industrial authority where delay alleged in dispute resolution
97WL. Several disputes may be subject of one arbitration
97WM. Power of arbitrator to obtain information
97WN. Orders and determinations of arbitrators
97WO. Further provisions about orders and determinations
97WP. Enforcement of orders and determinations
97WQ. Industrial magistrate’s court not bound by interpretations of EEA

Division 9 -- EEAs for persons with mental disabilities

Subdivision 1 -- Preliminary

97WR. Interpretation
97WS. Relationship of this Division to Guardianship and Administration Act 1990
97WT. Registrar to notify Public Advocate of applications and orders for approval of representative
97WU. Public Advocate to notify Registrar of relevant guardianship orders

Subdivision 2 -- Approval of person to act on behalf of person with a mental disability

97WV. Application for approval
97WW. Requirements for application
97WX. Forms to be prescribed
97WY. Who may be approved as a representative
97WZ. Approval of representative
97X. Effect of order
97XA. Refusal of approval
97XB. Appeal against refusal of approval
97XC. Determination of appeal

Subdivision 3 -- Functions of representative

97XD. Functions
97XE. Effect of acts of representative
97XF. Duties of representative

Subdivision 4 -- Termination of representative’s authority to act

97XG. Duration of order approving representative
97XH. Resignation of representative
97XI. Application to State Administrative Tribunal for revocation order
97XJ. Opportunity to be heard
97XK. State Administrative Tribunal may make revocation order
97XL. Application of Guardianship and Administration Act 1990 for purposes of section 97XK

Subdivision 5 -- Approval of new representative

97XM. Application for new approval where representative dies or approval is revoked
97XN. Approval of representative
97XO. Effect of order
97XP. Refusal of approval
97XQ. Appeal against refusal of approval

Subdivision 6 -- Miscellaneous

97XR. Powers of Registrar
97XS. EEA not affected by revocation of order or vacancy in position of representative
97XT. Register
97XU. Certified copies
97XV. Information not to be disclosed
97XW. Proceedings under this Division

Division 10 -- Certain conduct prohibited

97XX. Purpose of this Division
97XY. Enforcement of prohibitions in this Division
97XZ. Making employment, transfer or promotion conditional on EEA being entered into
97Y. Certain advertising
97YA. Exception to sections 97XZ and 97YB
97YB. Employer offering EEA to give choice as to employment arrangements
97YC. Order for compliance with section 97YB
97YD. Threats and intimidation
97YE. Misinformation
97YF. Dismissal or detriment because of refusal to make or cancel EEA
97YG. Employee’s remedy for breach of section 97YF
97YH. Burden of proof

Division 11 -- General

97YI. Review of Divisions 5, 6 and
97YJ. Regulations

PART VII -- Miscellaneous

98. Industrial inspectors
99. Wage rates in awards not affected by repeal of basic wage provisions
102. Obstruction
102A. Institution of proceedings by officers
103. Application may relate to more than one matter in certain circumstances
104. Prosecutions
105. Publication of awards, etc.
106. Judicial notice of signatures and appointments
107. No costs to be awarded against Registrar, deputy registrar or industrial inspector
108. Organisations and associations not affected by certain Imperial Acts
109. Dues payable to organisation or association may be sued for summarily
110. Disputes between organisation or association and its members
111. No premiums to be taken for employment
112. Invalidity of certain provisions in organisation rules
112A. Registration of industrial agents
113. Regulations
114. Prohibition of contracting out
115. Police officers
SCHEDULE 1
SCHEDULE 3 -- Police officers
SCHEDULE 4 -- Registration requirements for EEAs
SCHEDULE 5 -- Powers to obtain information, and related provisions
Compilation table

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