Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Industrial Relations
Act 1979 and includes the amendments made by the other written laws
referred to in the following table 1a. The table also contains
information about any reprint.
|
Short title |
Number |
Assent |
Commencement |
|||
|---|---|---|---|---|---|---|
|
Industrial Arbitration
Act 1979 7 |
114 of 1979 |
21 Dec 1979 |
1 Mar 1980 (see s. 2 and Gazette
8 Feb 1980 p. 383) |
|||
|
Industrial Arbitration Amendment
Act 1980 |
82 of 1980 |
5 Dec 1980 |
5 Dec 1980 |
|||
|
Industrial Arbitration Amendment
Act 1981 |
11 of 1981 |
22 May 1981 |
22 May 1981 |
|||
|
Companies (Consequential Amendments) Act 1982
s. 28 |
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and
Gazette 25 Jun 1982 p. 2079) |
|||
|
Industrial Arbitration Amendment Act
(No. 2) 1982 |
121 of 1982 |
9 Dec 1982 |
9 Dec 1982 |
|||
|
Reprint of the Industrial Arbitration Act 1979
approved 21 Mar 1983 (includes amendments listed
above) |
||||||
|
Industrial Arbitration Amendment Act
(No. 2) 1984 |
92 of 1984 |
29 Nov 1984 |
Act other than s. 4 and 5: 29 Nov 1984 (see
s. 2(1)); |
|||
|
Acts Amendment and Repeal (Industrial Relations) Act
(No. 2) 1984 Pt. II |
94 of 1984 |
11 Dec 1984 |
1 Mar 1985 (see s. 2(2) and
Gazette 1 Mar 1985 p. 778) |
|||
|
Reprint of the Industrial Relations Act 1979
as at 12 May 1985 (includes amendments listed
above) |
||||||
|
Industrial Relations Amendment
Act 1985 |
42 of 1985 |
13 May 1985 |
13 May 1985 (see s. 2) |
|||
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|||
|
Judges’ Salaries and Pensions Amendment
Act 1987 s. 8 |
82 of 1987 |
1 Dec 1987 |
1 Dec 1987 (see s. 2) |
|||
|
The Rural and Industries Bank of Western Australia
Act 1987 s. 38 |
83 of 1987 |
1 Dec 1987 |
1 Apr 1988 (see s. 2) |
|||
|
Industrial Relations Amendment Act
(No. 4) 1987 |
119 of 1987 |
31 Dec 1987 |
Act other than s. 7(1): 4 Mar 1988
(see s. 2 and Gazette 4 Mar 1988 p. 665);
|
|||
|
Acts Amendment (Education) Act 1988
Pt. 6 |
7 of 1988 |
30 Jun 1988 |
8 Jul 1988 (see s. 2 and Gazette
8 Jul 1988 p. 2371) |
|||
|
R & I Bank Act 1990
s. 45(1) |
73 of 1990 |
20 Dec 1990 |
1 Jan 1991 (see s. 2(2) and
Gazette 28 Dec 1990 p. 6369) |
|||
|
Industrial Relations Amendment
Act 1990 8 |
99 of 1990 (as amended by No. 1 of 1995
s. 35) |
22 Dec 1990 |
Act other than s. 10 and 14: 19 Jan 1991
(see s. 2(1)); |
|||
|
Reprint of the Industrial Relations Act 1979
as at 12 Jun 1991 (includes amendments listed above except
those in the Industrial Relations Amendment Act 1990 s. 10 and
14 8) |
||||||
|
Acts Amendment (Industrial Magistrate’s Courts)
Act 1991 Pt. 3 9 |
44 of 1991 |
17 Dec 1991 |
3 Jan 1992 (see s. 2 and Gazette
3 Jan 1992 p. 41) |
|||
|
35 of 1992 |
23 Jun 1992 |
1 Jul 1992 (see s. 2(2) and
Gazette 30 Jun 1992 p. 2869) |
||||
|
Acts Amendment (Parliamentary, Electorate and
Gubernatorial Staff) Act 1992
Pt. 4 10 |
40 of 1992 |
2 Oct 1992 |
3 Nov 1992 (see s. 2 and Gazette
3 Nov 1992 p. 5389) |
|||
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|||
|
Industrial Relations Amendment
Act 1993 11 |
15 of 1993 |
29 Nov 1993 |
1 Dec 1993 (see s. 2 and Gazette
30 Nov 1993 p. 6439) |
|||
|
Reprint of the Industrial Relations Act 1979
as at 11 May 1994 (includes amendments listed above except
those in the Industrial Relations Amendment Act 1990
s. 14 8) |
||||||
|
Acts Amendment (Public Sector Management) Act 1994
s. 14 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|||
|
83 of 1994 |
20 Dec 1994 |
10 Jan 1995 (see s. 2 and Gazette
10 Jan 1995 p. 73) |
||||
|
Acts Amendment (Fines, Penalties and Infringement
Notices) Act 1994 Pt. 7 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and
Gazette 30 Dec 1994 p. 7211) |
|||
|
Hospitals Amendment Act 1994
s. 18 12 |
103 of 1994 (as amended by No. 79 of 1995
s. 36(4)) |
11 Jan 1995 |
3 Feb 1995 (see s. 2 and Gazette
3 Feb 1995 p. 333) |
|||
|
Industrial Legislation Amendment Act 1995
13 |
1 of 1995 |
9 May 1995 |
Act other than Pt. 3: 9 May 1995 (see
s. 2(1)); |
|||
|
Marketing of Potatoes Amendment Act 1995
s. 58(5) |
11 of 1995 |
30 Jun 1995 |
4 Sep 1995 (see s. 2 and Gazette
1 Sep 1995 p. 4063) |
|||
|
Occupational Safety and Health Legislation Amendment
Act 1995 Pt. 4 |
30 of 1995 |
11 Sep 1995 |
20 Jan 1996 (see s. 2 and Gazette
19 Jan 1996 p. 201) |
|||
|
Sentencing (Consequential Provisions) Act 1995
Pt. 40 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|||
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 14 |
79 of 1995 |
16 Jan 1996 |
Act other than Pt. 2 and 5 and s. 12(1), 13, 35,
36 and 66(2): 16 Jan 1996
(see s. 3(1)); |
|||
|
Reprint of the Industrial Relations Act 1979
as at 27 May 1996 (includes amendments listed above except
those in the Sentencing (Consequential Provisions) Act 1995 and
the Industrial Relations Legislation Amendment and Repeal Act 1995
Pt. 2 and 5 and s. 12(1), 13, 35 and 36) |
||||||
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|||
|
42 of 1996 |
16 Oct 1996 |
1 Jan 1997 (see s. 2 and Gazette
12 Nov 1996 p. 6301) |
||||
|
Labour Relations Legislation Amendment
Act 1997 3 |
3 of 1997 |
23 May 1997 |
s. 22-24, 29-33, 35(a) and 38: 23 May 1997
(see s. 2(1)); |
|||
|
Reprint of the Industrial Relations Act 1979
as at 20 Jun 1997 (includes amendments listed above except
those in the Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 13 and Pt. 5 and the Labour Relations Legislation
Amendment Act 1997 Pt. 3 and 5 and s. 34, 35(b), 36 and
37) |
||||||
|
School Education Act 1999
s. 247 |
36 of 1999 |
2 Nov 1999 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7904) |
|||
|
Reprint of the Industrial Relations Act 1979
as at 4 Feb 2000 (includes amendments listed above except
those in the School Education Act 1999) |
||||||
|
Industrial Relations Amendment
Act 2000 |
58 of 2000 |
4 Dec 2000 |
4 Dec 2000 (see s. 2) |
|||
|
Corporations (Consequential Amendments) Act 2001
Pt. 33 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|||
|
Labour Relations Reform Act 2002 Pt. 2
Div. 1-2, Pt. 3 (s. 111-113), Pt. 4-9, Pt. 10
Div. 2, Pt. 11 and Sch. 1 4 |
20 of 2002 |
8 Jul 2002 |
s. 111(6): 8 Jul 2002
(see s. 2(3)); |
|||
|
Reprint of the Industrial Relations Act 1979
as at 8 Nov 2002 (includes amendments listed above except
those in the Labour Relations Reform Act 2002
s. 113) |
||||||
|
Police Amendment
Act 2003 s. 10 |
7 of 2003 |
27 Mar 2003 |
27 Aug 2003 (see s. 2 and Gazette
26 Aug 2003 p. 3753) |
|||
|
Corporations (Consequential Amendments) Act
(No. 2) 2003 Pt. 12 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth
Gazette 13 Jul 2001 No. S285) |
|||
|
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
||||
|
31 of 2003 |
26 May 2003 |
1 Jul 2003 (see s. 2(1) and Gazette
27 Jun 2003 p. 2384) |
||||
|
Labour Relations Reform (Consequential Amendments)
Regulations 2003 r. 4 published in Gazette
15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) |
|||||
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 41 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 68 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|||
|
Reprint 9: The Industrial Relations Act 1979
as at 18 Jun 2004 (includes amendments listed
above) |
||||||
|
Children and Community Services Act 2004
s. 251 |
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette
14 Feb 2006 p. 695) |
|||
|
Occupational Safety and Health Legislation Amendment and
Repeal Act 2004 Pt. 6 Div. 2 |
51 of 2004 |
12 Nov 2004 |
4 Apr 2005 (see s. 2 and Gazette
14 Dec 2004 p. 5999-6000) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
Pt. 14 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|||
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004
s. 469 15 |
55 of 2004 |
24 Nov 2004 |
24 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|||
|
Mines Safety and Inspection Amendment Act 2004
Pt. 7 Div. 2 |
68 of 2004 |
8 Dec 2004 |
4 Apr 2005 (see s. 2(3)(a) and Gazette
14 Dec 2004 p. 5999-6000) |
|||
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 78, 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|||
|
Reprint 10: The Industrial Relations Act 1979
as at 8 Jul 2005 (includes amendments listed above except
those in the Children and Community Services
Act 2004) |
||||||
|
Industrial Relations Amendment
Act 2005 |
14 of 2005 |
21 Sep 2005 |
22 Sep 2005 (see s. 2) |
|||
|
Petroleum Legislation Amendment and Repeal
Act 2005 |
13 of 2005 |
1 Sep 2005 |
s. 49(1), (2)(b), (3) and 4(b): 28 Mar 2007
(see s. 2 and Gazette 27 Mar 2007
p. 1405) |
|||
|
Labour Relations Legislation Amendment Act 2006
Pt. 3-5 and 8 16 |
36 of 2006 |
4 Jul 2006 |
4 Jul 2006 (see s. 2(1)) |
|||
|
Reprint 11: The Industrial Relations Act 1979
as at 3 Nov 2006 (includes amendments listed above except
those in the Petroleum Legislation Amendment and Repeal Act
2005) |
||||||
|
Criminal Investigation (Consequential Provisions) Act
2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette
22 Jun 2007 p. 2838) |
|||
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2 and Gazette
19 Jan 2007 p. 137) |
|||
|
Owner-Drivers (Contracts and Disputes) Act 2007
s. 58 |
7 of 2007 |
6 Jun 2007 |
1 Aug 2008 (see s. 2 and Gazette
18 Jul 2008 p. 3329) |
|||
|
Petroleum Amendment Act 2007 s.
97 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|||
|
Acts Amendment (Justice) Act 2008
Pt. 13 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
|||
|
Police Amendment Act 2008 s. 13 and
23(3) |
8 of 2008 |
31 Mar 2008 |
s. 13: 1 Apr 2008 (see
s. 2(1)) |
|||
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
42 of 1996 |
16 Oct 1996 |
To be proclaimed (see s. 2) |
|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 75 6 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
|
Petroleum Legislation Amendment and Repeal
Act 2005 s. 49(2)(a) and
(4)(a) 18 |
13 of 2005 |
1 Sep 2005 |
To be proclaimed (see s. 2) |
|
Legal Profession Act 2008 s. 668
23 |
21 of 2008 |
27 May 2008 |
To be proclaimed (see s. 2(b)) |
|
Medical Practitioners Act 2008 s.
162 24 |
22 of 2008 |
27 May 2008 |
To be proclaimed (see s. 2) |
2 Repealed by the Fisheries Legislation (Consequential
Provisions) Act 1991. Now see the Commonwealth Fisheries Management
Act 1991 s. 4(1).
3 The Labour Relations Legislation Amendment Act 1997
s. 22 contains a transitional provision relating to claims made before
that section came into operation. Sections 29, 32 and 34 contain
transitional provisions in relation to awards, orders and industrial agreements
in force when those sections came into operation. Section 29 was amended by
the Labour Relations Reform Act 2002 s. 193(3).
4 The Labour Relations Reform Act 2002 s. 112,
113(6), 117(2) and (3), 138(2), 140(2), 141(2), 146(2), 152(2), 155(2) and (3),
186(2)-(4) and Sch. 1 read as follows:
“
112. Transitional provisions relating
to section 111(4)
(1) A claim that —
(a) was referred to the Industrial Relations Commission under
section 7G of the Industrial Relations Act 1979 before the
commencement of section 111(4); and
(b) immediately before that commencement had not been finally
determined,
may be dealt with by the Commission as if section 7G had not been
repealed.
(2) A provision of the kind described in subsection (1)(b) of
section 7G of the Industrial Relations Act 1979 that,
immediately before the commencement of section 111(4), has effect in
relation to a claim referred to in subsection (1)(a) of that section ceases
to have effect after that commencement.
(3) If a person wishes to refer to the Commission a claim mentioned in
subsection (2) he or she may do so under section 51 of the
Workplace Agreements Act 1993.
113. Further amendments to the Industrial Relations Act 1979
as from the expiry of the Workplace Agreements Act 1993 and
transitional provision
(6) A question or dispute that —
(a) was referred to the Industrial Relations Commission under
section 7F of the Industrial Relations Act 1979 before the
commencement of subsection (1); and
(b) immediately before that commencement had not been finally
determined,
may be dealt with by the Commission as if section 7F had not been
repealed.
117. Section 38 amended and a savings provision
(2) If an employer was added as a named party to an award under former
section 38(3) before the commencement day, the scope of that award is not
varied by reason only of the coming into operation of
subsection (1).
(3) In this section —
commencement day means the day on which subsection (1)
comes into operation;
former section 38(3) means section 38(3) of the
Industrial Relations Act 1979 as it was in effect immediately before
the commencement day.
138. Section 23A
replaced by sections 23A and 23B and transitional provision
(2) Notwithstanding subsection (1), section 23A of the
Industrial Relations Act 1979 as in force immediately before the
coming into operation of this section continues to operate in respect of any
claim made under that section before the coming into operation of this
section.
140. Section 29AA
inserted and a transitional provision
(2) Section 29AA of the Industrial Relations Act 1979 as
inserted by this section does not apply to or in respect of a claim made before
the coming into operation of this section.
141. Section 44 amended and a
transitional provision
(2) Section 44(6)(bb) of the Industrial Relations
Act 1979 as inserted by this section does not apply to or in respect of
a claim made before the coming into operation of this section.
146. Part II
Divisions 2F and 2G inserted and a transitional provision
(2) A provision of an award, order or industrial agreement made or
registered before the coming into operation of subsection (1) does not
cease to have effect by reason of the operation of section 49N(3), as
inserted by subsection (1), until 28 days after the coming into
operation of subsection (1).
152. Section 70
amended and a transitional provision
(2) Despite subsection (1), section 70 of the Industrial
Relations Act 1979 as in force immediately before the coming into
operation of this section continues to operate in respect of any proceedings
commenced before the coming into operation of this section.
155. Section 83
repealed and sections 83, 83A, 83B and 83C inserted instead and
transitional provisions
(2) Any proceedings begun before an industrial magistrate’s court
under section 83 of the Industrial Relations Act 1979, and not
abandoned or finally determined, before the commencement of this section are to
be dealt with after the coming into operation of this section as if
section 83 had not been amended by this Act.
(3) Subject to subsection (2), sections 83, 83A and 83B of the
Industrial Relations Act 1979 as amended by this Act apply to and in
relation to an award, industrial agreement or order made before the coming into
operation of this section as if the award, industrial agreement or order were
made after the coming into operation of this Act.
186. Section 20 amended and transitional
and savings provisions
(2) Until remuneration becomes payable to a member of the Commission
pursuant to the first determination, the member is to receive remuneration at
the rate that would be applicable to that member if the former provisions were
still in operation.
(3) Despite any determination under section 6 of the Salaries and
Allowances Act 1975, while a person who was a member of the Commission
at the time of the publication of the first determination in the Government
Gazette remains a member he or she is to receive remuneration at a rate that
is not less than the rate that was applicable to him or her immediately before
that time.
(4) In this section —
first determination means the first determination made under
section 6 of the Salaries and Allowances Act 1975 that gives
effect to the amendment made by subsection (1);
former provisions means section 20(1) to (6) of the
Industrial Relations Act 1979 as they were in effect immediately
before the coming into operation of subsection (1);
member of the Commission has the meaning given by the
Industrial Relations Act 1979;
remuneration has the meaning given by the Salaries and
Allowances Act 1975.
Schedule 1
— Transitional minimum weekly rates of pay
[s. 168]
Unless the contrary intention appears, words and expressions used in this
Schedule have the same respective meanings as they have in the Minimum
Conditions of Employment Act 1993.
2. Minimum
weekly rate of pay for employees 21 or more years of age
The minimum weekly rate of pay applicable at a particular time to
employees who have reached 21 years of age but who are not apprentices or
trainees is the rate for the minimum adult weekly award wage for employees who
have reached 21 years of age and who are not apprentices or trainees, as
provided for in the General Order made under section 51(2) of the
Industrial Relations Act 1979 that is in effect at that
time.
3. Minimum weekly
rate of pay for employees less than 21 years of age
(1) The minimum weekly rate of pay applicable at a particular time to
employees who are of the age mentioned in the first column in the Table to this
subclause but who are not apprentices or trainees is the percentage, set out
opposite that age in the second column in the Table of the rate referred to in
clause 2 in effect at that time, rounded up to the nearest 10
cents.
Table
|
Age |
Percentage of 21 year old rate |
|
20 years |
90% |
|
19 years |
80% |
|
18 years |
70% |
|
17 years |
60% |
|
16 years |
50% |
|
under 16 years |
40% |
(2) Subclause (1) is for information only and if there is any
inconsistency between subclause (1) and section 13 of the Minimum
Conditions of Employment Act 1993, the section prevails.
4. Minimum
weekly rate of pay for apprentices and trainees
(1) The minimum weekly rate of pay for an apprentice or trainee in
relation to whom a workplace agreement or an employer-employee agreement is not
in force is the rate of pay that is provided for under an award that applies to
that apprentice or trainee.
(2) The minimum weekly rate of pay for an apprentice or trainee in
relation to whom a workplace agreement or an employer-employee agreement is in
force is the rate of pay that is provided for under an award that would, if the
workplace agreement or employer-employee agreement were not in force, apply to
that apprentice or trainee.
”.
5 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39 but its
provisions continue to apply to and in relation to certain schemes because of
the State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 26 and those provisions may be amended by regulations
under subsection (3) of that section.
6 On the date as at which this compilation was prepared, the
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 75 had not come into operation. It reads as
follows:
“
75. Various provisions repealed
The provisions listed in the Table to this section are
repealed.
Table of provisions repealed
|
Act |
Provision |
|---|---|
|
...................... |
........ |
|
s. 20(8), (8a), (8b), (8c), (8d) |
|
|
...................... |
........ |
”.
7 Now known as the Industrial Relations Act 1979;
short title changed (see note under s. 1).
8 The Industrial Relations Amendment Act 1990
s. 14 was repealed before it came into operation by the Industrial
Legislation Amendment Act 1995 s. 35.
9 The Acts Amendment (Industrial Magistrate’s Courts)
Act 1991 s. 6 contains transitional provisions relating to persons
who were industrial magistrates when that section commenced and to proceedings
begun and decisions made before that commencement.
10 The Acts Amendment (Parliamentary, Electorate and
Gubernatorial Staff) Act 1992 s. 9(2) is a transitional provision
that is spent.
11 The Industrial Relations Amendment Act 1993
s. 15(2) is a transitional provision that is spent. Section 18 of
that Act contains savings provisions relating to the Long Service Leave General
Order.
12 The Hospitals Amendment Act 1994 the Table to
s. 18 it. 11 fourth paragraph was repealed before it came into
operation by the Industrial Legislation Amendment and Repeal
Act 1995 s. 36(4).
13 The Industrial Legislation Amendment Act 1995
contains transitional and other provisions —
(a) in Part 2 Div. 3, relating to the Government School Teachers
Tribunal;
(b) in s. 34, relating to the Promotions Appeal Board; and
(c) in s. 42, relating to dismissals occurring before the commencement
of that section.
14 The Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 12 and 13 contain transitional provisions in relation
to awards, orders and industrial agreements in force when those sections came
into operation.
15 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
16 The Labour Relations Legislation Amendment
Act 2006 s. 22 reads as follows:
“
22. Transitional provisions
(1) In this section —
commencement day means the day on which Part 4 of the
Labour Relations Legislation Amendment Act 2006 comes into
operation;
section 50A means section 50A of the Industrial
Relations Act 1979 as in force immediately after the commencement
day;
section 51 means section 51 of the Industrial
Relations Act 1979 as in force immediately before the commencement
day;
State Wage order means a General Order made under
section 50A.
(2) Any —
(a) General Order of effect under section 51; and
(b) order of effect under section 51F of the Industrial Relations
Act 1979 as in force immediately before the commencement day,
remains of effect until a State Wage order takes effect.
(3) Despite section 50A, the first State Wage order —
(a) may be made after 1 July;
(b) if it is made after 1 July, comes into effect on a date specified
by the Commission; and
(c) if it comes into effect on a date after 1 July, is applicable in
respect of an employee, apprentice or trainee on and from the commencement of
the first pay period of the employee, apprentice or trainee on or after that
date.
(4) A date specified under subsection (3)(b) must not be a date that
is earlier than the day on which the order is made.
(5) Despite section 50A(1)(b), the Commission must not adjust rates
of wages paid under awards in a State Wage order made in relation to the period
ending 30 June 2007 if, during 2006 and before that State Wage order
is made, the Commission has made a General Order under section 50 of the
Industrial Relations Act 1979 adjusting rates of wages paid under
awards generally.
”.
17 On the date as at which this compilation was prepared, the
Vocational Education and Training Act 1996 s. 62, which gives
effect to Sch. 2, had not come into operation. Section 62 and
Sch. 2 read as follows:
“
62. Consequential amendments and transitional provisions relating to
this Part
Schedule 2 has effect —
(a) to amend the Industrial Relations Act 1979 as a
consequence of the repeal of the Industrial Training Act 1975;
and
(b) in relation to the transition from the operation of the Industrial
Training Act 1975 to the operation of this Part.
Schedule 2
[Section 62]
Amendments and transitional provisions relating to
Part 7
1. Industrial Relations Act 1979 amended
The Industrial Relations Act 1979 is amended in
section 7 —
(a) in the definition of “apprentice” by deleting “an
apprentice under the Industrial Training Act 1975” and
substituting the following —
“
a person who has entered an apprenticeship within the meaning of
that term in section 58 of the Vocational Education and Training
Act 1996
”;
(b) in paragraph (a) of the definition of “employee” by
deleting “industrial”;
(c) by deleting the definition of “industrial
trainee”;
(d) in paragraph (f) of the definition of “industrial
matter” —
(i) by deleting “industrial”;
(ii) by deleting “Industrial Training Act 1975”
and substituting the following —
“
relevant training scheme under the Vocational Education and
Training Act 1996
”;
and
(iii) by deleting “any agreement of apprenticeship or industrial
training agreement” and substituting the following —
“
an apprenticeship contract or other agreement forming part of a
training scheme under that Act
”;
and
(e) by inserting after the definition of “teacher” the
following definition —
“
trainee means a trainee under a training scheme
established under the Vocational Education and Training
Act 1996;
”.
2. Transitional
(1) In this clause —
repealed Act means the Industrial Training
Act 1975 repealed by section 61.
(2) On the commencement of section 61 any apprenticeship agreement or
industrial training agreement entered into and registered under the repealed Act
and in force immediately before that commencement is to be taken to be an
agreement entered into under a training scheme established or recognised under
section 58 but with the same terms, conditions and provisions as were
applicable before that commencement.
(3) Any regulations made under the repealed Act and in operation
immediately before the commencement of section 61 which were applicable to,
or in respect of, an apprenticeship or industrial training agreement referred to
in subclause (2) are to continue to apply to such an agreement, until
regulations are made under this Act in respect of the matters covered by those
regulations.
(4) Regulations may be made, with effect from a time which is not earlier
than the commencement of section 61, amending or supplementing the
transitional provisions set out in subclauses (2) and (3) for the purpose
of providing an effective and efficient transition from the provisions of the
repealed Act to the provisions of this Act.
”.
18 On the date as at which this compilation was prepared, the
Petroleum Legislation Amendment and Repeal Act 2005 s. 49(2a)
and 4(a) had not come into operation. It reads as follows:
“
49. Industrial
Relations Act 1979 amended
(2) Section 7(3) is amended as follows:
(a) after paragraph (a) by deleting “or”;
(4) Section 113(1)(d)(ii) is amended as follows:
(a) after item (I) by deleting “and”;
”.
19-
22 Footnotes no longer applicable.
23 On the date as
at which this compilation was prepared, the Legal Profession
Act 2008 s. 668 had not come into operation. It reads as
follows:
“
668. Industrial Relations
Act 1979 amended
(1) The amendments in this section are to the Industrial Relations
Act 1979.
(2) Section 7(1) is amended by deleting the definition of
“legal practitioner” and inserting instead —
“
legal practitioner means an Australian legal practitioner
within the meaning of that term in the Legal Profession Act 2008
section 3;
”.
(3) Section 9(1) is repealed and the following subsections are
inserted instead —
“
(1) A person is not eligible for appointment as the President unless the
person is a lawyer and has had not less than 5 years’ legal
experience.
(1aa) In subsection (1) —
lawyer means an Australian lawyer within the meaning of that
term in the Legal Profession Act 2008 section 3;
legal experience means —
(a) standing and practice as a legal practitioner; or
(b) judicial service (including service as a judge of a court, a
magistrate or other judicial officer) in the State or elsewhere in a common law
jurisdiction; or
(c) a combination of both kinds of legal experience mentioned in
paragraphs (a) and (b).
”.
(4) Section 31(6) is repealed.
(5) Sections 42B(7), 51Q(4), 97UJ(5) and 112A(3) are amended by
deleting “section 123(3)(c) of the Legal Practice
Act 2003” in each place where it occurs and inserting
instead —
“
section 12 of the Legal Profession Act 2008
”.
(6) Section 91(3) is repealed.
”.
24 On the date as at which this compilation was prepared, the
Medical Practitioners Act 2008 s. 162, which gives effect to Sch. 3
cl. 30, had not come into operation. It reads as follows:
“
Schedule 3 sets out consequential amendments.
”.
Schedule 3 cl. 30 reads as follows:
“
Schedule 3 — Consequential
amendments
30. Industrial
Relations Act 1979 amended
(1) The amendments in this clause are to the Industrial Relations
Act 1979.
(2) Section 72B(1) is amended in the definition of “medical
practitioner” by deleting “Medical Act 1894;” and
inserting instead —
“ Medical Practitioners Act 2008 section 4;
”.
(3) Section 97WR is amended in the definition of “medical
practitioner” by deleting “Medical Act 1894;” and
inserting instead —
“ Medical Practitioners Act 2008; ”.
”.