Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An industrial
matter may be referred to the Commission —
(a) in
any case, by —
(i)
an employer with a sufficient interest in the industrial
matter;
(ii)
an organisation in which persons to whom the industrial
matter relates are eligible to be enrolled as members or an association that
represents such an organisation; or
(iii)
the Minister;
and
(b) in
the case of a claim by an employee —
(i)
that he has been harshly, oppressively or unfairly
dismissed from his employment; or
(ii)
that he has not been allowed by his employer a benefit,
not being a benefit under an award or order, to which he is entitled under his
contract of employment,
by the employee.
(1a) A party to an
employer-employee agreement has the right to refer to the Commission
constituted by a commissioner where the Commission so constituted is the
relevant industrial authority under Part VID —
(a) any
question, dispute or difficulty that the Commission as so constituted has
jurisdiction to determine under section 97WI; or
(b) an
allegation referred to in section 97WK(2).
(2) Subject to
subsection (3), a referral under subsection (1)(b)(i) is to be made
not later than 28 days after the day on which the employee’s
employment is terminated.
(3) The Commission may
accept a referral by an employee under subsection (1)(b)(i) that is out
of time if the Commission considers that it would be unfair not to do so.
[Section 29 inserted by No. 94 of 1984
s. 19; amended by No. 15 of 1993 s. 10; No. 1 of 1995
s. 7 and 43; No. 3 of 1997 s. 24; No. 36 of 1999
s. 247; No. 20 of 2002 s. 7 and 139.]