Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 56A

56A .         Rules may provide for casual vacancies to be filled in alternative manner

        (1)         This section has effect notwithstanding any other provision of this Act.

        (2)         Subject to subsection (3), rules made by an organisation under this subsection may provide for the filling of a casual vacancy in such manner as is provided in those rules.

        (3)         Rules made under subsection (2) shall include provision to the effect that a casual vacancy may be filled in a manner provided in those rules — 

            (a)         where the original term did not exceed 12 months — for the unexpired portion of the original term; or

            (b)         where the original term exceeded 12 months — for so much of the unexpired portion of the original term as does not exceed three-quarters of the original term.

        (4)         In subsection (3) original term , in relation to a casual vacancy in an office, means the period in respect of which the last person to have been elected to that office to fill a vacancy other than a casual vacancy was elected.

        (5)         Where a vacancy in an office is filled in a manner provided in rules made under subsection (2), the person so filling the vacancy shall be taken for the purposes of this Act (other than this section) and the provisions of the rules of the organisation (other than the first-mentioned rules), to have been elected to that office in accordance with those provisions.

        [Section 56A inserted by No. 94 of 1984 s. 36.]