Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An enterprise
order extends to and binds —
(a) all
employees who are employed —
(i)
in any calling mentioned in the enterprise order in the
industry or industries to which the enterprise order applies; and
(ii)
by the employer specified in the order under
subsection (5)(a);
and
(b) the
employer specified in the order under subsection (5)(a),
and no other employee
or employer, and its scope is to be expressly so limited in the enterprise
order.
(2) An enterprise
order operates in the area specified in the order.
(3) To the extent that
an enterprise order is in conflict with an award or industrial agreement, the
enterprise order prevails.
(4) An enterprise
order is enforceable under section 83 as if the order were an award and
any organisation or association who is specified in the order under
subsection (5) were a named party to the award.
(5) The Commission is
to specify in the enterprise order —
(a) the
employer to whom the enterprise order extends and who is bound by the
enterprise order; and
(b) any
organisation or association of employees that is a relevant negotiating party
or person referred to in section 42I(1)(b), as the case requires.
(6) The employer
specified under subsection (5)(a) is to be —
(a) the
applicant for the enterprise order; or
(b) if
the applicant for the enterprise order was an organisation or association of
employees —
(i)
the negotiating party;
(ii)
the person referred to in section 42I(1)(b);
(iii)
the member of an organisation or association of employers
that is a negotiating party; or
(iv)
the member of an organisation or association of employers
that is a person referred to in section 42I(1)(b),
specified in the
application for the enterprise order.
[Section 42J inserted by No. 20 of 2002
s. 133.]