Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For each award in
force under this Act there shall be a Board of Reference.
(2) Subject to
subsection (5), each Board of Reference shall consist of a chairman
appointed by the Chief Commissioner and an equal number of employers’
and employees’ members nominated and appointed in the manner prescribed,
not being more than 2 in number on each side unless the Chief Commissioner, in
any particular case or for the purposes of a specified award, approves the
appointment of a greater number.
[(3), (4) repealed]
(5) The Chief
Commissioner may appoint a person as chairman of a Board of
Reference —
(a) for
the purpose of dealing with a particular matter; or
(b) for
a specified period of time,
and, in the case of an
appointment in accordance with paragraph (b) may terminate such
appointment and make another appointment within that specified period, or may
extend that specified period.
(6) A Board of
Reference may allow, approve, fix, determine, or deal with —
(a) any
matter or thing that, under the award, may require to be allowed, approved,
fixed, determined, or dealt with by a Board of Reference; and
(b) any
matter or thing arising under or out of the provisions of an award, not
involving the interpretation of any such provision, which the Commission may
at any time, by order, authorise a Board of Reference to allow, approve, fix,
determine, or deal with,
in the manner and
subject to the conditions specified in the award or order, as the case may be.
(7) The powers
conferred on a Board of Reference under the provisions of this section may be
exercised by the Commission constituted by a commissioner.
(8) Where the
nominated employers’ and employees’ members of a Board of
Reference are equally divided in opinion on any matter before the Board of
Reference the decision of the Board of Reference shall be in accordance with
the opinion of the chairman.
(9) The chairman
shall, after consultation with the nominated members, record in a memorandum
signed by him —
(a) all
facts found by the Board of Reference; and
(b) the
decision of the Board of Reference,
and shall forward that
memorandum to the Registrar for filing in his office.
(10) Subject to
subsection (11), the decision referred to in subsection (9) is upon
being filed as prescribed therein, enforceable under this Act as if it were an
award.
(11) Subject to
subsection (12), any organisation, association, or employer affected by a
decision of a Board of Reference may, within 21 days from the date of
that decision appeal against that decision to the Commission in Court Session
in the manner prescribed.
(12) An appeal under
subsection (11) shall be heard and determined on the facts referred to in
subsection (9)(a) and the Commission in Court Session may, if it upholds
the appeal, rescind or vary the decision in such manner as it sees fit or may
remit the matter to the Board of Reference for further hearing and
determination.
[(13), (14) repealed]
(15) The Commission
may, in any order made by it under this Act, provide that any matter or thing
arising under or out of the provisions of the order, not involving the
interpretation of any such provision, may be allowed, approved, fixed,
determined, or dealt with by a Board of Reference and the provisions of this
section apply to such an order in all respects as if it were an award.
[Section 48 amended by No. 94 of 1984
s. 29 and 66; No. 119 of 1987 s. 11.]