Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In the exercise of
its jurisdiction under this Act the Commission —
(a)
shall act according to equity, good conscience, and the substantial merits of
the case without regard to technicalities or legal forms;
(b)
shall not be bound by any rules of evidence, but may inform itself on any
matter in such a way as it thinks just;
(c)
shall have regard for the interests of the persons immediately concerned
whether directly affected or not and, where appropriate, for the interests of
the community as a whole; and
(d)
shall take into consideration to the extent that it is
relevant —
(i)
the state of the national economy;
(ii)
the state of the economy of Western Australia;
(iii)
the capacity of employers as a whole or of an individual
employer to pay wages, salaries, allowances or other remuneration and to bear
the cost of improved or additional conditions of employment;
(iv)
the likely effects of its decision on the economies
referred to in subparagraphs (i) and (ii) and, in particular, on the
level of employment and on inflation;
(v)
any changes in productivity that have occurred or are
likely to occur;
(vi)
the need to facilitate the efficient organisation and
performance of work according to the needs of an industry and enterprises
within it, balanced with fairness to the employees in the industry and
enterprises;
(vii)
the need to encourage employers, employees and
organisations to reach agreements appropriate to the needs of enterprises and
the employees in those enterprises.
(1a)
Subsection (1)(d) does not apply when the Commission is exercising its
jurisdiction under section 50A.
(2) In granting relief
or redress under this Act the Commission is not restricted to the specific
claim made or to the subject matter of the claim.
(3) Where the
Commission, in deciding any matter before it proposes or intends to take into
account any matter or information that was not raised before it on the hearing
of the matter, the Commission shall, before deciding the matter, notify the
parties concerned and afford them the opportunity of being heard in relation
to that matter or information.
(4)
Subsections (1) to (3) inclusive do not, in any particular case, prevent
the use by the Commission, with the consent of the parties concerned, of final
offer arbitration.
[Section 26 amended by No. 121 of 1982
s. 9; No. 94 of 1984 s. 17; No. 79 of 1995 s. 9;
No. 20 of 2002 s. 129; No. 36 of 2006 s. 10.]
[ 26A. Repealed by No. 20 of 2002 s. 111(6).]