Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (3), (4) and (5), where, in the opinion of the Commission,
there is no employee to whom an award or industrial agreement applies, the
Commission may on its own motion, by order, cancel that award or industrial
agreement.
(2) Subject to
subsections (3), (4) and (5), where the Commission is of the opinion that
a party to an award who is named as an employer is no longer carrying on
business as an employer in the industry to which the award applies or is, for
any other reason, not bound by the award, the Commission may on its own
motion, by order, strike out that party as a named party to the award.
(2a) Subject to
subsections (3), (4) and (5), where the Commission is of the opinion that
a party to an industrial agreement is no longer carrying on business as an
employer referred to in section 41(4)(a)(ii) in relation to the agreement
or is, for any other reason, not bound by the agreement, the Commission may on
its own motion, by order, strike out that party to the agreement.
(3) The Commission
shall not make an order under subsection (1), (2) or (2a) unless before
making the order —
(a) it
has directed the Registrar to make such enquiries as it considers necessary,
and the Registrar has reported on the result of those enquiries to the
Commission in writing; and
(b)
after receiving the report of the Registrar, the Commission
has —
(i)
caused the Registrar to give general notice by
publication in the required manner of the intention of the Commission to make
the order; and
(ii)
directed the Registrar to serve copies of the notice on
such persons as the Commission may specify.
(4) Any person may,
within 30 days of the day on which the notice referred to in
subsection (3) is first published, object to the Commission making the
order referred to in the notice.
(5) If the Commission
does not uphold an objection to the making of the order referred to in the
notice the Commission may make the order and shall, as soon as practicable
thereafter, direct the Registrar to serve a copy of the
order —
(a)
where the order relates to an award, on each organisation of employees that is
a named party to the award, on such other persons as are bound by the award as
the Commission thinks fit, and on the Council, the Chamber and the Mines and
Metals Association;
(b)
where the order relates to an industrial agreement, on each party to the
agreement.
[Section 47 amended by No. 94 of 1984
s. 28 and 66; No. 15 of 1993 s. 31; No. 1 of 1995
s. 53; No. 20 of 2002 s. 190(2) and (3).]