Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, where a person contravenes or fails to comply with a provision of an
instrument to which this section applies any of the following may apply in the
prescribed manner to an industrial magistrate’s court for the
enforcement of the provision —
(a) the
Registrar or a deputy registrar;
(b) an
industrial inspector;
(c) in
the case of an award or industrial agreement, any organisation or association
named as a party to it;
(d) in
the case of an award, industrial agreement or order, an employer bound by it;
(e) any
person on his or her own behalf who is a party to the instrument or to whom it
applies;
(f) if
an employee under an employer-employee agreement is a represented person, a
representative acting on his or her behalf.
(2) In this
section —
instrument to which this section applies
means —
(a) an
award;
(b) an
industrial agreement;
(c) an
employer-employee agreement; and
(d) an
order made by the Commission, other than an order made under section 23A,
32, 44(6) or 66.
(3) An application for
the enforcement of an instrument to which this section applies shall not be
made otherwise than under subsection (1).
(4) On the hearing of
an application under subsection (1) the industrial magistrate’s
court may, by order —
(a) if
the contravention or failure to comply is proved —
(i)
issue a caution; or
(ii)
impose such penalty as the industrial magistrate’s
court thinks just but not exceeding $2 000 in the case of an employer,
organisation or association and $500 in any other case;
or
(b)
dismiss the application.
(5) If a contravention
or failure to comply with a provision of an instrument to which this section
applies is proved against a person as mentioned in subsection (4) the
industrial magistrate’s court may, in addition to imposing a penalty
under that subsection, make an order against the person for the purpose of
preventing any further contravention or failure to comply with the provision.
(6) An order under
subsection (5) —
(a) may
be made subject to any terms and conditions the court thinks appropriate; and
(b) may
be revoked at any time.
(7) An interim order
may be made under subsection (5) pending final determination of an
application under subsection (1).
(8) A person shall
comply with an order made against him or her under subsection (5).
Penalty: $5 000 and a daily penalty of $500.
[Section 83 inserted by No. 20 of 2002
s. 155(1) 5 .]