Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 49J

49J .         Provisions as to authorities issued to representatives

        (1)         The Registrar, on application by the secretary of an organisation of employees to issue an authority for the purposes of this Division to a person nominated by the secretary in the application, must issue the authority.

        (2)         The Registrar must not issue an authority for the purposes of this Division to a person who has held an authority under this Division that has been revoked under subsection (5) unless the Commission in Court Session on application by any person has ordered that the authority be so issued.

        (3)         A person to whom an authority is issued is an authorised representative of the organisation on whose behalf the application for the authority was made.

        (4)         The authority remains in force unless it is revoked or suspended under this section.

        (5)         The Commission constituted by a commissioner may, by order, on application by any person, revoke, or suspend for a period determined by the Commission, the authority if satisfied that the person to whom it was issued has —

            (a)         acted in an improper manner in the exercise of any power conferred on the person by this Division; or

            (b)         intentionally and unduly hindered an employer or employees during their working time.

        (6)         The Registrar may, on application by the secretary of the organisation of employees on whose behalf the application for the authority was made, revoke the authority.

        (6a)         The Registrar must not revoke an authority under subsection (6) if —

            (a)         proceedings pursuant to an application made under subsection (5) in relation to the authority are pending or in progress; or

            (b)         appeal proceedings in respect of a decision made under subsection (5) in relation to the authority are pending or in progress, or the time within which such proceedings may be instituted has not elapsed.

        (7)         An application for the revocation of an authority under subsection (5) is to set out the grounds on which the application is made.

        (8)         Despite section 49 —

            (a)         no appeal lies from a decision of the Commission under subsection (2); and

            (b)         section 49(2a) does not apply to an appeal from a decision under subsection (5).

        (9)         A person to whom an authority has been issued under this section must, within 14 days after the revocation of the authority, return the authority to the Registrar.

        [Section 49J inserted by No. 20 of 2002 s. 146(1); amended by No. 36 of 2006 s. 8.]