Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 36A

36A .         Application for award coverage for non-award employees

        (1)         In any proceedings in which the Commission is considering the making of an award ("the new award") that extends to" " employees to whom no award currently extends ("the employees” ), the onus is on any party opposing the making of the new award to show that it would not be in the public interest.

        (2)         The Commission may make an interim award that extends to the employees pending the making of the new award.

        (3)         An interim award may be made if the Commission considers —

            (a)         that it would provide a fair basis for the application of the no-disadvantage test provided for by Part VID Division 6 Subdivision 1;

            (b)         that it would protect the existing wages and conditions of employment of the employees until the new award is made; or

            (c)         that it would be appropriate for any other reason.

        [Section 36A inserted by No. 20 of 2002 s. 116.]