Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979

TABLE OF PROVISIONS

           Long Title

   PART I -- Introductory  

   1.      Short title  
   2.      Commencement  
   3.      Application off-shore  
   4.      Repeal  
   6.      Objects  
   7.      Terms used

   PART II -- The Western Australian Industrial Relations Commission

           Division 1 -- Constitution of the Commission  

   8.      Constitution of Commission  
   9.      Qualifications for appointment of President and Chief Commissioner  
   10.     Age limit for members of Commission  
   11.     Oath of office and secrecy  
   12.     Commission court of record  
   13.     Protection of members of Commission and others  
   14.     Exercise of powers and jurisdiction of President and Commission  
   14A.    Dual Federal and State appointments  
   14B.    Performance of duties by dual Federal and State appointees  
   15.     Constitution of Full Bench and Commission in Court Session  
   16.     Powers and duties of Chief Commissioner  
   16A.    Delegation by Chief Commissioner  
   17.     Appointment of acting members of Commission  
   18.     Extension of appointment  
   19.     Duty of members of Commission  
   20.     Conditions of service of members of Commission  
   21.     Resignation from office  
   22.     Tenure subject to good behaviour

           Division 2 -- General jurisdiction and powers of the Commission  

   22A.    Terms used  
   22B.    Commission to act with due speed  
   23.     Jurisdiction of Commission under this Act  
   23A.    Powers of Commission on claims of unfair dismissal  
   23B.    Power to prevent external interference with employment issues  
   24.     Jurisdiction to decide whether matter is industrial  
   25.     Allocation of industrial matters  
   26.     Commission to act according to equity and good conscience  
   27.     Powers of Commission  
   28.     Exercise of powers prior to hearing and determination of matter  
   29.     By whom matters may be referred  
   29AA.   Certain claims not to be determined  
   29A.    Service of claims and applications  
   29B.    Parties to proceedings  
   30.     Intervention by Minister on behalf of State  
   31.     Representation of parties to proceedings  
   32.     Reference of industrial matters for conciliation  
   32A.    Conciliation and arbitration functions of Commission to be unlimited  
   33.     Evidence before Commission  
   34.     Decision to be in form of award, order, or declaration  
   35.     Decision to be first drawn up as minutes  
   36.     Decision to be sealed and deposited

           Division 2A -- Awards  

   36A.    Application for award coverage for non-award employees  
   37.     Effect, area and scope of awards  
   38.     Named parties to awards  
   39.     Date of operation of award  
   40.     Power to vary or cancel award  
   40A.    Incorporation of industrial agreement provisions into awards by consent  
   40B.    Power to vary awards to reflect statutory and other requirements, to promote efficiency and to facilitate implementation

           Division 2B -- Industrial agreements  

   40C.    Terms used  
   41.     Industrial agreements  
   41A.    Registration of industrial agreement  
   42.     Initiation of bargaining for industrial agreement  
   42A.    Response to initiation of bargaining  
   42B.    Good faith bargaining for industrial agreement  
   42C.    Code of good faith  
   42D.    Duty of good faith does not require concluded industrial agreement  
   42E.    Conciliation and arbitration to assist bargaining  
   42F.    Restriction on Commission’s power in relation to industrial agreements  
   42G.    Parties may agree to Commission making orders as to terms of agreement  
   42H.    Commission may declare that bargaining has ended  
   42I.    Commission may make enterprise orders  
   42J.    Effect of enterprise order  
   42K.    Term of enterprise order  
   42L.    When bargaining ends  
   42M.    Regulations  
   43.     Power to vary, renew or cancel industrial agreement

           Division 2C -- Holding of compulsory conferences  

   44.     Compulsory conference

           Division 2D -- Miscellaneous provisions relating to awards, orders and agreements  

   46.     Interpretation of awards and orders  
   47.     Cancellation of defunct awards, and deletion of employers from awards in certain cases  
   48.     Boards of Reference to be established  
   48A.    Awards and agreements to make provision for resolution of disputes  
   48B.    Superannuation

           Division 2E -- Appeals to the Full Bench  

   49.     Appeals to Full Bench from decision of Commission under this Act

           Division 2F -- Keeping of and access to employment records  

   49D.    Keeping of employment records  
   49E.    Access to employment records  
   49F.    Enforcement of this Division

           Division 2G -- Right of entry and inspection by authorised representatives  

   49G.    Terms used  
   49H.    Right of entry for discussions with employees  
   49I.    Right of entry to investigate breaches  
   49J.    Provisions as to authorities issued to representatives  
   49K.    No entry to premises used for habitation  
   49L.    Authority must be shown on request  
   49M.    Conduct giving rise to civil penalties  
   49N.    Power of Commission restricted  
   49O.    Enforcement of this Division

           Division 3 -- General Orders  

   50.     Power of Commission to make General Orders  
   50A.    Commission to determine rates of pay for purposes of MCE Act and awards  
   50B.    Matters relevant to setting rates for apprentices and trainees  
   51A.    General Orders as to public sector discipline  

           51B. Commission’s power to make General ORDER s as to matters for which minimum conditions of employment are prescribed by MCE Act  

   51BA.   Notification of hearing  
   51BB.   Right to be heard  
   51BC.   Commissioner may deal with certain proceedings  
   51BD.   Registrar may prepare and publish provisions resulting from General Order  
   51BE.   Publication of order

           Division 3A -- MCE Act functions

              Subdivision 1 -- Preliminary  

   51C.    Term used: Commission

              Subdivision 3 -- Casual employees’ loading  

   51I.    Casual employees’ loading

              Subdivision 4 -- Orders under this Division generally  

   51J.    Notification of hearings under this Division  
   51K.    Right to be heard  
   51L.    Restrictions on matters that orders under this Division can provide for  
   51M.    Publication of orders  
   51N.    Variation or rescission

           Division 3B -- Collective agreements and good faith bargaining  

   51O.    Terms used  
   51P.    Representation by organisation  
   51Q.    Bargaining agents  
   51R.    Initiating bargaining for collective agreement  
   51S.    Good faith bargaining for collective agreement  
   51T.    Application of sections 42D and 42E

           Division 4 -- Industrial organisations and associations  

   52.     Terms used  
   53.     Qualifications for and basis of registration of organisations of employees  
   54.     Qualifications for and basis of registration of organisations of employers  
   55.     Requirements attaching to organisation seeking registration  
   56.     Rules to provide for secret ballots etc.  
   56A.    Rules may provide for casual vacancies to be filled in alternative manner  
   57.     Elections to be by secret postal ballot  
   58.     Registration of organisation  
   59.     Registered name  
   60.     Incorporation of organisation upon registration  
   61.     Effect of registration  
   62.     Alteration of registered rules  
   63.     Records to be kept by organisation  
   64.     Registrar may direct that form of membership register be altered  
   64A.    Resignation from an organisation  
   64B.    Membership to end if subscription not paid  
   64C.    Effect of sections 64A and 64B in relation to rules  
   64D.    Purging the register  
   65.     Audit and filing of accounts of organisation  
   65A.    Powers of auditor  
   66.     Power of President to deal with complaints by members, certain other persons or Registrar against organisation  
   67.     Registration of industrial associations  
   68.     Declaration by Full Bench as to certain functions  
   69.     Conduct of election by Registrar or Electoral Commissioner  
   70.     Offences in relation to elections  
   71.     Provisions relating to State branches of Federal organisations  
   71A.    Adoption of rules of Federal organisations  
   72.     Amalgamation of organisations  
   72A.    Coverage of employee organisations  
   72B.    AMA may represent interests of medical practitioners  
   73.     Summons for cancellation or suspension of registration of organisation

           Division 5 -- Duties of officers of organisations  

   74.     Duties  
   75.     Auditor to report on compliance with duties  
   76.     Rules are not to conflict with section 74 or 75  
   77.     Proceedings for breach of duty  
   78.     Failure to comply with order  
   79.     Effect on or of other proceedings  
   80.     Disqualification for breach of duty

   PART IIA -- Constituent authorities

           Division 2 -- Public service arbitrator and appeal boards  

   80C.    Construction and application of Division, and terms used  
   80D.    Appointment of public service arbitrators  
   80E.    Jurisdiction of Arbitrator  
   80F.    By whom matters may be referred to Arbitrator  
   80G.    Provisions of Part II Division 2 to apply  
   80H.    Public Service Appeal Board  
   80I.    Appeals  
   80J.    Institution of appeals  
   80K.    Proceedings of Boards  
   80L.    Certain provisions of Part II Division 2 to apply

           Division 3 -- Railways Classification Board  

   80M.    Terms used  
   80N.    Railways Classification Board established  
   80O.    Terms of office etc.  
   80P.    Continuation in office  
   80Q.    Validity of acts of Board  
   80R.    Jurisdiction of Board  
   80S.    By whom matters may be referred to Board  
   80U.    Reclassification of vacant offices by Public Transport Authority  
   80V.    Proceedings of Board  
   80W.    Provisions of Part II Division 2 to 2G to apply

   PART IIB -- Enquiries  

   80ZE.   Enquiries

   PART IIC -- Arrangements with other industrial authorities  

   80ZF.   References to Australian Commission  
   80ZG.   Joint proceedings  
   80ZH.   Reference of industrial matters to Australian Commission for determination under this Act  
   80ZI.   Conferences with other industrial authorities  
   80ZJ.   Exercise of powers conferred under Commonwealth Act

   PART III -- Enforcement of Act, awards, industrial agreements and orders  

   81.     Establishment of industrial magistrate’s courts  
   81A.    Jurisdiction under this Act  
   81AA.   Jurisdiction under other Acts  
   81B.    Constitution of industrial magistrate’s courts  
   81C.    Sittings  
   81CA.   Procedure, enforcement etc.  
   81CB.   Industrial magistrate’s court judgments, enforcement of  
   81D.    Clerks of industrial magistrate’s courts  
   81E.    Representation  
   81F.    Industrial magistrate’s court records, access to  
   82.     Jurisdiction of Full Bench  
   82A.    Time for application  
   83.     Enforcement of certain instruments  
   83A.    Underpayment of employee  
   83B.    Enforcement of unfair dismissal order  
   83C.    Costs of enforcement orders  
   83D.    Proceedings for offences  
   83E.    Contravention of a civil penalty provision  
   83F.    Payment of costs and penalties  
   84.     Appeal to Full Bench from industrial magistrate’s court  
   84A.    Proceedings before Full Bench for enforcement of this Act

   PART IV -- Western Australian Industrial Appeal Court  

   85.     Constitution of Western Australian Industrial Appeal Court  
   86.     Jurisdiction of Court  
   87.     Decision of Court  
   88.     Judgments, enforcement of  
   90.     Appeal to Court from Commission  
   91.     Representation  
   92.     Powers of Court in respect of contempt

   PART V -- The Registrar and other officers of the Commission  

   93.     Appointment and duties of officers  
   94.     Authority to do acts as directed  
   95.     Duties of deputy registrar  
   96.     Delegation of certain functions to Registrar

   PART VIA -- Freedom of association  

   96A.    Terms used  
   96B.    Certain requirements relating to membership of organisations to have no effect  
   96C.    Discrimination because of membership of organisation  
   96D.    Refusal to employ and discriminatory and injurious acts against persons performing work for employers because of membership or non-membership of employee organisation  
   96E.    Discriminatory and injurious acts against persons because of non-membership of employee organisation  
   96F.    Further provision as to penalties under sections 96C, 96D and 96E  
   96G.    Responsibility of employee organisations and officers and members  
   96H.    Responsibility of corporations and their officers  
   96I.    Onus of proof in certain cases  
   96J.    Industrial magistrate’s court may order compliance  
   96K.    Appeal against decision under section 96J  
   96L.    Power of industrial magistrate’s court to make certain orders after conviction

   PART VID -- Employer-employee agreements

           Division 1 -- Preliminary  

   97U.    Terms used

           Division 2 -- The making of an EEA  

   97UA.   Employer and employee may make an EEA  
   97UB.   EEA may deal with post-employment matters  
   97UC.   Other provisions about making an EEA  
   97UD.   Making of EEA by person with a mental disability  
   97UE.   Effect of EEA  
   97UF.   EEA not to be made while industrial agreement in operation  
   97UG.   Documents and information to be given to employee before EEA signed  
   97UH.   Application of section 97UG if draft EEA amended  
   97UI.   EEA information statement  
   97UJ.   Bargaining agents  
   97UK.   Prohibited conduct relating to bargaining agents

           Division 3 -- Form and content of EEA  

   97UL.   Formalities  
   97UM.   Additional formalities for EEA made with employee under 18  
   97UN.   EEA must provide for resolution of disputes  
   97UO.   What must be included in EEA dispute provisions  
   97UP.   Industrial authority may be specified as arbitrator

           Division 4 -- Commencement, duration and variation  

   97UQ.   Commencement of EEA for new employee  
   97UR.   Commencement of EEA for existing employee  
   97US.   Expiry  
   97UT.   Employment conditions on expiry of EEA  
   97UU.   No power to vary an EEA  
   97UV.   Cancellation of EEA  
   97UW.   Termination of contract of employment

           Division 5 -- Registration of EEAs

              Subdivision 1 -- Preliminary  

   97UX.   Delegation by Registrar

              Subdivision 2 -- Registration  

   97UY.   Lodgment for registration  
   97UZ.   Failure to lodge EEA made with new employee  
   97V.    Recovery of money  
   97VA.   Employment conditions of new employee if EEA not lodged for registration within allowed period  
   97VB.   Registrar to be satisfied that EEA in order for registration  
   97VC.   Powers conferred on Registrar  
   97VD.   Registrar to notify parties of certain deficiencies in EEA  
   97VE.   Parties may correct deficiencies  
   97VF.   Registration  
   97VG.   Refusal of registration  
   97VH.   When refusal has effect  
   97VI.   Cessation of EEA for new employee where registration refused  
   97VJ.   Recovery of money  
   97VK.   Employment conditions of new employee if registration refused  
   97VL.   Registrar to provide copy

              Subdivision 3 -- Appeal against refusal of registration  

   97VM.   Appeal against refusal of registration  
   97VN.   Relevant industrial authority to notify parties of certain deficiencies in EEA  
   97VO.   Parties may make corrections  
   97VP.   Determination of appeal  
   97VQ.   Proceedings under this Subdivision

           Division 6 -- No-disadvantage test

              Subdivision 1 -- Definition  

   97VR.   Terms used  
   97VS.   No-disadvantage test defined  
   97VT.   Determination of award, comparable award or relevant order by Registrar  
   97VU.   All entitlements to be considered  
   97VV.   Particular provision for case where Supported Wage System applies

              Subdivision 2 -- Principles to be followed in application of no-disadvantage test  

   97VW.   Term used: Commission  
   97VX.   Commission to establish principles and guidelines  
   97VY.   Registrar and Commission to give effect to instrument  
   97VZ.   Minister and certain bodies may seek amendment  
   97W.    Requirement for public comment  
   97WA.   Public comment on amendment or substitute instrument

           Division 7 -- Register  

   97WB.   Terms used  
   97WC.   Register  
   97WD.   Inspection of register  
   97WE.   Commission may exempt an EEA from inspection  
   97WF.   Protected information not to be disclosed  
   97WG.   Certified copies

           Division 8 -- Disputes  

   97WH.   Terms used  
   97WI.   Arbitration jurisdiction of relevant industrial authority  
   97WJ.   Representation  
   97WK.   Referral to relevant industrial authority where delay alleged in dispute resolution  
   97WL.   Several disputes may be subject of one arbitration  
   97WM.   Power of arbitrator to obtain information  
   97WN.   Orders and determinations of arbitrators  
   97WO.   Further provisions about orders and determinations  
   97WP.   Enforcement of orders and determinations  
   97WQ.   Industrial magistrate’s court not bound by interpretations of EEA

           Division 9 -- EEAs for persons with mental disabilities

              Subdivision 1 -- Preliminary  

   97WR.   Terms used  
   97WS.   Relationship of this Division to Guardianship and Administration Act 1990  
   97WT.   Registrar to notify Public Advocate of applications and orders for approval of representative  
   97WU.   Public Advocate to notify Registrar of relevant guardianship orders

              Subdivision 2 -- Approval of person to act on behalf of person with a mental disability  

   97WV.   Application for approval  
   97WW.   Requirements for application  
   97WX.   Forms to be prescribed  
   97WY.   Who may be approved as a representative  
   97WZ.   Approval of representative  
   97X.    Effect of order  
   97XA.   Refusal of approval  
   97XB.   Appeal against refusal of approval  
   97XC.   Determination of appeal

              Subdivision 3 -- Functions of representative  

   97XD.   Functions  
   97XE.   Effect of acts of representative  
   97XF.   Duties of representative

              Subdivision 4 -- Termination of representative’s authority to act  

   97XG.   Duration of order approving representative  
   97XH.   Resignation of representative  
   97XI.   Application to State Administrative Tribunal for revocation order  
   97XJ.   Opportunity to be heard  
   97XK.   State Administrative Tribunal may make revocation order  
   97XL.   Application of Guardianship and Administration Act 1990 for purposes of section 97XK

              Subdivision 5 -- Approval of new representative  

   97XM.   Application for new approval where representative dies or approval is revoked  
   97XN.   Approval of representative  
   97XO.   Effect of order  
   97XP.   Refusal of approval  
   97XQ.   Appeal against refusal of approval

              Subdivision 6 -- Miscellaneous  

   97XR.   Powers of Registrar  
   97XS.   EEA not affected by revocation of order or vacancy in position of representative  
   97XT.   Register  
   97XU.   Certified copies  
   97XV.   Information not to be disclosed  
   97XW.   Proceedings under this Division

           Division 10 -- Certain conduct prohibited  

   97XX.   Purpose of this Division  
   97XY.   Enforcement of prohibitions in this Division  
   97XZ.   Making employment, transfer or promotion conditional on EEA being entered into  
   97Y.    Certain advertising  
   97YA.   Exception to sections 97XZ and 97YB  
   97YB.   Employer offering EEA to give choice as to employment arrangements  
   97YC.   Order for compliance with section 97YB  
   97YD.   Threats and intimidation  
   97YE.   Misinformation  
   97YF.   Dismissal or detriment because of refusal to make or cancel EEA  
   97YG.   Employee’s remedy for breach of section 97YF  
   97YH.   Burden of proof

           Division 11 -- General  

   97YI.   Review of Divisions 5, 6 and  
   97YJ.   Regulations

   PART VII -- Miscellaneous  

   98.     Industrial inspectors  
   99.     Wage rates in awards not affected by repeal of basic wage provisions  
   102.    Obstruction  
   102A.   Institution of proceedings by officers  
   103.    Application may relate to more than one matter in certain circumstances  
   104.    Prosecutions  
   105.    Publication of awards etc.  
   106.    Judicial notice of signatures and appointments  
   107.    No costs to be awarded against Registrar, deputy registrar or industrial inspector  
   108.    Organisations and associations not affected by certain Imperial Acts  
   109.    Dues payable to organisation or association may be sued for summarily  
   110.    Disputes between organisation or association and its members  
   111.    No premiums to be taken for employment  
   112.    Invalidity of certain provisions in organisation rules  
   112A.   Registration of industrial agents  
   113.    Regulations  
   114.    Prohibition of contracting out  
   115.    Police officers
           SCHEDULE 1 -- Matters to be published in the “Western Australian Industrial Gazette”
           SCHEDULE 3 -- Police officers  
           SCHEDULE 4 -- Registration requirements for EEAs  
           SCHEDULE 5 -- Powers to obtain information, and related provisions  
           Compilation table