Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an
industrial matter has been referred to the Commission pursuant to
section 29, the claimant or applicant shall specify the nature of the
relief sought.
(1a) In this
section —
area and scope provisions means the parts of an
award or industrial agreement that relate to the area of operation and scope
of the award or industrial agreement.
(1b) Subject to
subsection (2a) —
(a) area
and scope provisions of a proposed award or industrial agreement; and
(b)
proposed variations to the area and scope provisions of an existing award or
industrial agreement,
shall be published in
the required manner.
(2) Subject to any
direction given under subsection (2a), if the reference of an industrial
matter to the Commission seeks the issuance of an award or the registration of
an industrial agreement, or the variation of the area and scope provisions of
an existing award or agreement, the Commission shall not hear the claim or
application until the area and scope provisions of the proposed award or
industrial agreement have, or the proposed variation has, been published in
the required manner and a copy of the claim or application has been
served —
(a) in
the case of a proposed award or variation of an award, on —
(i)
the Council, the Chamber, the Mines and Metals
Association and the Minister; and
(ii)
such organisations, associations and employers as the
Commission may direct being, in the case of employers, such employers as
constitute, in the opinion of the Commission, a sufficient number of employers
who are reasonably representative of the employers who would be bound by the
proposed award or the award as proposed to be varied, as the case may be;
(b) in
the case of the proposed registration or variation of an industrial agreement,
on the Council, the Chamber, the Mines and Metals Association and the
Minister.
(2a) The Chief
Commissioner may, if the reference of an industrial matter to the Commission
seeks —
(a) the
issuance of an award or the registration of an industrial agreement in
substitution for an existing award or industrial agreement the area of
operation and scope of which are the same as those of the award or industrial
agreement sought to be issued or registered, as the case requires; or
(b) the
registration of an industrial agreement —
(i)
the area of operation and scope of which are the same as
those of; and
(ii)
the parties to which are the same as the named parties
to,
an existing award,
direct that the area
and scope provisions of the proposed award or industrial
agreement —
(c) need
not be published in the Industrial Gazette ; or
(d) need
not be published at all,
as he thinks fit.
(2b) Nothing in
subsection (2a) affects or dispenses with any requirement of
subsection (2) that a copy of a claim or application be served on any
person, body or authority referred to in subsection (2)(a) or (b).
(2c) The area and
scope provisions of an award may be amended under section 40A without the
proposed variation having been published in the required manner.
(3) Unless otherwise
directed by the Commission, where the reference of an industrial matter to the
Commission seeks the variation of an award or industrial agreement, other than
a variation of the kind mentioned in subsection (2), the Commission shall
not hear the claim or application until the named parties to the award or the
parties to the industrial agreement, as the case requires, have been served
with a copy of the claim.
(4) Where the
reference of an industrial matter to the Commission seeks the issuance or
variation of an order or declaration, other than of a kind referred to in
subsection (2) or (3) the Commission shall not hear the claim or
application until the persons sought to be bound by the decision in the
proceedings have been served with a copy of the claim or application.
[Section 29A inserted by No. 94 of 1984
s. 19; amended by No. 119 of 1987 s. 8; No. 15 of 1993
s. 31; No. 20 of 2002 s. 115.]