Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, the Commission has cognizance of and authority to enquire into and deal
with any industrial matter.
(2) Where by or under
any other Act power is conferred on a person or body to appoint officers or
employees for the purposes of that Act or to fix or determine the salaries,
wages, or other remuneration, or other conditions of employment, of officers
or employees appointed for those purposes, or to do both of those
things —
(a) the
jurisdiction that the Commission would have but for that other Act to hear and
determine any matter or dispute relating to the salaries, wages, or other
remuneration, or other conditions of employment, of those officers or
employees is not affected by that power conferred by or pursuant to that other
Act; and
(b)
where there is any inconsistency between a decision of the Commission relating
to any such matter or dispute and any decision in the exercise or purported
exercise of that power conferred by or under that other Act, to the extent of
the inconsistency the former prevails and the latter is of no force or effect.
(2a) Notwithstanding
subsections (1) and (2), the Commission does not have jurisdiction to
enquire into or deal with any matter in respect of which a procedure referred
to in section 97(1)(a) of the Public Sector Management Act 1994 is,
or may be, prescribed under that Act.
(3) The Commission in
the exercise of the jurisdiction conferred on it by this Part shall
not —
(a)
prohibit the employment of employees on any day of the week or restrict in any
other way the number of days or hours in the week during which any operation
may be carried on in any industry or by any employer but nothing in this
paragraph —
(i)
prevents the registration with the Commission of any
industrial agreement that contains or provides for any such prohibition or
restriction; or
(ii)
prevents the Commission from fixing the rates for
overtime, work on holidays, shift work, weekend work, and other special work,
including allowances as compensation for overtime or any such work;
(b)
regulate the rates of salary or wages, or the conditions of employment of any
person who holds an office for which the remuneration payable is determined or
recommended pursuant to the Salaries and Allowances Act 1975 ;
(c) make
an award or order empowering a representative of an organisation to enter any
part of —
(i)
the premises of an employer, the principal use of which
premises is for habitation by the employer and his household; or
(ii)
a private home in which a person engaged in domestic
service is employed by an employer, who is not the owner or occupier of that
private home, but who provides that owner or occupier with the services of the
person so engaged;
(d)
regulate the suspension from duty in, discipline in, dismissal from,
termination of, or reinstatement in, employment of any employee or any one of
a class of employees if there is provision, however expressed, by or under any
other Act for or in relation to a matter of that kind and there is provision,
however expressed, by or under that other Act for an appeal in a matter of
that kind;
(e)
provide for —
(i)
compulsion to join an organisation to obtain or hold
employment; or
(ii)
non-employment by reason of being or not being a member
of an organisation;
(f)
provide for preference of employment at the time of, or during, employment by
reason of being or not being a member of an organisation;
(g)
limit the working hours of employees engaged in the agricultural and pastoral
industry but nothing in this paragraph prevents the registration with the
Commission of any industrial agreement that contains or provides for any such
limitation;
(h) on a
claim of harsh, oppressive or unfair dismissal —
(i)
in the case of an application under section 44, make
any order except an order that is authorised by section 23A or 44; and
(ii)
in any other case, make any order except an order that is
authorised by section 23A.
[Section 23 amended by No. 82 of 1980
s. 2; No. 121 of 1982 s. 7; No. 94 of 1984 s. 15 and
66; No. 119 of 1987 s. 7; No. 15 of 1993 s. 6; No. 1
of 1995 s. 27 and 40; No. 3 of 1997 s. 30 3 ;
No. 20 of 2002 s. 137 and 143.]
[ 23AA. Repealed by No. 3 of 1997 s. 22
3 .]