Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
relevant parties , in respect of a workplace,
means —
(a) the
employer; and
(b) each
member for the time being of the safety and health committee for the
workplace.
(2) Where —
(a) an
agreement has been made under section 39C(2); or
(b) the
matters referred to in section 39C(2) are governed by provisions
consisting —
(i)
wholly of a determination made under section 39D,
whether or not it has been varied or confirmed under section 39G; or
(ii)
partly of an agreement under section 39C(2) and
partly of a determination made under section 39D, whether or not it has
been varied or confirmed under section 39G,
the relevant parties
may by agreement in writing made between them —
(c)
vary —
(i)
the agreement or provisions; or
(ii)
if applicable, the agreement or provisions as previously
varied under this subsection; and
(d) make
any transitional provision that is necessary or expedient in respect of the
variation.
(3) Where a safety and
health committee has been established for a workplace, the relevant parties
may by agreement in writing —
(a)
abolish the committee; and
(b) make
any transitional provision that is necessary or expedient in respect of the
abolition.
(4) If the relevant
parties cannot agree on the exercise of a power referred to in
subsection (2) or (3), any such party may refer to the Commissioner for
determination any question —
(a)
whether the agreement or provisions concerned should be varied;
(b) as
to the manner in which the agreement or provisions should be varied; or
(c)
whether a safety and health committee should be abolished,
or as to transitional
provisions that should be made in respect of such a matter.
(5) On such a
referral, the Commissioner is to —
(a) make
any necessary determination; and
(b)
notify the relevant parties of the determination.
[Section 39F inserted by No. 51 of 2004
s. 50.]