Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 42A

42A .         Response to initiation of bargaining

        (1)         A person to whom a notice is given under section 42(1) may notify the initiating party within 21 days of receiving the notice (the prescribed period ) as to whether that person will, or will not, bargain for an industrial agreement.

        (2)         The Commission may by order, on application by a person to whom a notice is given under section 42(1), extend by no more than 7 days the period within which that person may respond under subsection (1).

        (3)         The Commission may make an order under subsection (2) although an application for the order was not made until after the expiration of the prescribed period.

        (4)         An order under subsection (2) may be made subject to such conditions as the Commission thinks fit.

        (5)         An application under subsection (2) operates —

            (a)         as a bar to an application for an enterprise order by a negotiating party; and

            (b)         as a stay of any application for an enterprise order that has been made by a negotiating party,

                until the application under subsection (2) is determined or withdrawn.

        (6)         Bargaining between negotiating parties for an industrial agreement is initiated when the negotiating party to whom the notice is given notifies the initiating party under subsection (1) that that negotiating party will bargain.

        [Section 42A inserted by No. 20 of 2002 s. 133.]