Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Bargaining for an
industrial agreement may be initiated by an organisation or association of
employees, an employer or an organisation or association of employers giving
to an intended party to the agreement a written notice that complies with
subsection (3).
(2) A notice under
subsection (1) is not to be given to an organisation or association of
employers unless that organisation or association has given written consent to
being given such notice.
(3) A notice complies
with this subsection if it is accompanied by particulars of —
(a) the
types of employment to be covered by the agreement;
(b) the
area in which the agreement is to operate;
(c) the
intended parties to the agreement; and
(d) any
other matter prescribed by regulations made by the Governor under
section 42M.
(4) If there is no
applicable industrial agreement or enterprise order in force, bargaining may
be initiated under subsection (1) at any time.
(5) If there is an
applicable industrial agreement or an applicable enterprise order in force,
bargaining must not be initiated under subsection (1) earlier than
90 days before the nominal expiry date of the agreement or order.
(6) Where bargaining
is initiated under subsection (1) with more than one intended party to
the agreement, all the negotiating parties are to bargain together unless the
Commission, on the application of a negotiating party, directs that that
negotiating party may negotiate separately with the initiating party.
(7) Nothing in this
section prevents or limits a person from bargaining for an industrial
agreement when bargaining has not been initiated under subsection (1).
(8) In
subsection (5) —
"nominal expiry date" means the date specified in
the agreement or enterprise order as the date on which the agreement or
enterprise order expires.
[Section 42 inserted by No. 20 of 2002
s. 133.]