Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 42G

42G .         Parties may agree to Commission making orders as to terms of agreement

        (1)         This section applies where —

            (a)         negotiating parties have reached agreement on some, but not all, of the provisions of a proposed agreement;

            (b)         an application is made to the Commission for registration of the agreement as an industrial agreement, the agreement to include any further provisions specified by an order referred to in subsection (2); and

            (c)         an application is made to the Commission by the negotiating parties for an order as to specified matters on which agreement has not been reached.

        (2)         When registering the agreement, the Commission may order that the agreement include provisions specified by the Commission.

        (3)         An order referred to in subsection (2) may only be made in relation to matters specified by the negotiating parties in an application referred to in subsection (1)(c).

        (4)         In deciding the terms of an order the Commission may have regard to any matter it considers relevant.

        (5)         When an order referred to in subsection (2) is made, the provisions specified by the Commission are, by force of this section, included in the agreement registered by the Commission.

        (6)         Despite section 49, no appeal lies from an order referred to in subsection (2).

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