Western Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 52

52 .         Industrial arbitration or legal proceedings not available for chief executive officers

        (1)         In this section, a reference to the employment of a chief executive officer is a reference to — 

            (a)         the appointment of, or failure to appoint, a person to a vacant office of chief executive officer;

            (b)         the removal, retirement, termination of employment or other cessation of office of a chief executive officer;

            (c)         any disciplinary proceedings or action taken under Part 5 against a chief executive officer; or

            (d)         the remuneration or terms and conditions of employment of a chief executive officer.

        (2)         The employment of a chief executive officer, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1979 .

        (3)         Subsection (2) applies whether or not any person has been appointed to a vacant office of chief executive officer.

        (4)         An award, order or industrial agreement under the Industrial Relations Act 1979 , whether made or registered, as the case requires, before or after the commencement of this section, does not have effect insofar as it relates to the employment of a chief executive officer.

        (5)         Subsection (4) does not prevent a contract of employment of a chief executive officer from applying any provision of an award, order or industrial agreement under the Industrial Relations Act 1979 to the employment of the chief executive officer.

        (6)         An appeal does not lie under the Industrial Relations Act 1979 in relation to the employment of a chief executive officer.

        (7)         No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief lie in respect of — 

            (a)         the appointment of, or failure to appoint, a person to a vacant office of chief executive officer;

            (b)         the reappointment of, or failure to reappoint, a chief executive officer; or

            (c)         the entitlement or non-entitlement of a person to be so appointed or reappointed.

        (8)         Nothing in this section prevents a person from raising with the Commissioner a complaint concerning the employment of a chief executive officer.