Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 41

41 .         Industrial agreements

        (1)         An agreement with respect to any industrial matter or for the prevention or resolution under this Act of disputes, disagreements, or questions relating thereto may be made between an organisation or association of employees and any employer or organisation or association of employers.

        (1a)         An agreement may apply to a single enterprise or more than a single enterprise.

        (1b)         For the purposes of subsection (1a) an agreement applies to more than a single enterprise if it applies to —

            (a)         more than one business, project or undertaking; or

            (b)         the activities carried on by more than one public authority.

        (2)         Subject to subsection (3) and sections 41A and 49N, where the parties to an agreement referred to in subsection (1) apply to the Commission for registration of the agreement as an industrial agreement the Commission shall register the agreement as an industrial agreement.

        (3)         Before registering an industrial agreement the Commission may require the parties thereto to effect such variation as the Commission considers necessary or desirable for the purpose of giving clear expression to the true intention of the parties.

        (4)         An industrial agreement extends to and binds — 

            (a)         all employees who are employed — 

                  (i)         in any calling mentioned in the industrial agreement in the industry or industries to which the industrial agreement applies; and

                  (ii)         by an employer who is — 

                        (I)         a party to the industrial agreement; or

        (II)         a member of an organisation of employers that is a party to the industrial agreement or that is a member of an association of employers that is a party to the industrial agreement;

                and

            (b)         all employers referred to in paragraph (a)(ii),

                and no other employee or employer, and its scope shall be expressly so limited in the industrial agreement.

        (5)         An industrial agreement shall operate — 

            (a)         in the area specified therein; and

            (b)         for the term specified therein.

        (6)         Notwithstanding the expiry of the term of an industrial agreement, it shall, subject to this Act, continue in force in respect of all parties thereto, except those who retire therefrom, until a new agreement or an award in substitution for the first-mentioned agreement has been made.

        (7)         At any time after, or not more than 30 days before, the expiry of an industrial agreement any party thereto may file in the office of the Registrar a notice in the prescribed form signifying his intention to retire therefrom at the expiration of 30 days from the date of such filing, and such party shall on the expiration of that period cease to be a party to the agreement.

        (8)         When a new industrial agreement is made and registered, or an award or enterprise order is made, in substitution for an industrial agreement ( the first agreement ), the first agreement is taken to be cancelled, except to the extent that the new industrial agreement, award or order saves the provisions of the first agreement.

        (9)         To the extent that an industrial agreement is contrary to or inconsistent with an award, the industrial agreement prevails unless the agreement expressly provides otherwise.

        [Section 41 inserted by No. 94 of 1984 s. 26; amended by No. 15 of 1993 s. 13; No. 20 of 2002 s. 131 and 144.]