Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The parties to
proceedings before the Commission in which an award is made, other than the
Council, the Chamber, the Mines and Metals Association and the Minister, shall
be listed in the award as the named parties to the award.
(1a) If after the
commencement of section 12 of the Industrial Relations Amendment
Act 1993 1 —
(a) any
party to proceedings in which an award is made, other than the Council, the
Chamber, the Mines and Metals Association and the Minister, is not listed in
the award as a named party as required by subsection (1); and
(b) the
Commission has not ordered that the party is not to be a party to the award,
the party is to be
taken to be a named party to the award.
(1b) In
subsections (1) and (1a) party does not include an intervener.
(2) At any time after
an award has been made the Commission may, by order made on the application
of —
(a) any
employer who, in the opinion of the Commission, has a sufficient interest in
the matter;
(b) any
organisation which is registered in respect of any calling mentioned in the
award or in respect of any industry to which the award applies; or
(c) any
association on which any such organisation is represented,
add as a named party
to the award any employer, organisation or association.
(3) Where an employer
who is added as a named party to an award under subsection (2) is, at the
time of that addition, engaged in an industry to which the award did not
previously apply and the scope of the award is varied by virtue of that
addition, the variation shall for the purposes of section 37(1) be
expressly limited to that industry.
(4) An employer is not
to be added as a named party to an award under subsection (2) if that
addition would have the effect of extending the award to employees to whom
another award already extends.
[Section 38 inserted by No. 94 of 1984
s. 25; amended by No. 15 of 1993 s. 12 and 31; No. 20 of
2002 s. 117(1) 4 .]