Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 97U

97U .         Terms used

        (1)         In this Part, unless the contrary intention appears  —

        award , except in section 97UG(2)(c), Division 6 Subdivision 1 and sections 97YA(1)(a) and 97YB(2)(a), includes —

            (a)         an industrial agreement or order of the Commission under this Act; and

            (b)         an award under the Coal Industry Tribunal of Western Australia Act 1992 , including any order under that Act and any agreement that comes within section 12(4) or 17(1) of that Act;

        bargaining agent means a person appointed as a bargaining agent under section 97UJ;

        cancellation agreement means an agreement under section 97UV(1);

        EEA dispute provisions means the provisions included in an EEA for the purposes of section 97UN;

        employment services for persons with disabilities means employment services —

            (a)         that are provided for persons with disabilities who are eligible for the Supported Wage System; and

            (b)         for which, at the relevant time, financial assistance has been granted under the Disability Services Act 1986 of the Commonwealth;

        existing employee means an employee —

            (a)         who signs; or

            (b)         on whose behalf a representative signs,

        an EEA after commencing the employment to which the EEA relates;

        new employee means an employee —

            (a)         who signs; or

            (b)         on whose behalf a representative signs,

        an EEA before, or at the time of, the commencement of the employment to which the EEA relates;

        no-disadvantage test means the no-disadvantage test provided for by Division 6 Subdivision 1;

        party , in relation to an EEA —

            (a)         means the employer or employee; and

            (b)         in the provisions mentioned in subsection (4), if the employee is a represented person, also means his or her representative;

        regulations means regulations made by the Governor under section 97YJ;

        relevant industrial authority means —

            (a)         where the EEA relates to employment as a government officer to whom Part IIA Division 2 applies, the Commission constituted by a public service arbitrator under that Division;

            (b)         where the EEA relates to employment as a railway officer to whom Part IIA Division 3 applies, the Commission constituted by the Railways Classification Board under that Division; and

            (c)         subject to paragraphs (a) and (b), the Commission constituted by a commissioner;

        section 97UM signatory means a person who has signed an EEA for the purposes of section 97UM(2);

        supported wage provisions means provisions that enable an employer to pay an employee with a disability a wage that is related to the employee’s productive capacity;

        Supported Wage System means the scheme established by the Commonwealth Government to promote the employment of persons whose productive capacity is reduced because of a disability.

        (2)         References in this Part to employer and employee include, where the context so requires, a person who will be an employer or employee if a proposed EEA takes effect.

        (3)         Subsection (2) is not to be taken as showing that the terms employer and employee , as defined in section 7(1), do not also include a prospective employer and a prospective employee for the purposes of other provisions of this Act, including without limitation the definition of industrial matter .

        (4)         The provisions referred to in paragraph (b) of the definition of party in subsection (1) are sections 29(1a), 97UJ(4), 97UK(2), 97UL(3), 97UP, 97UY(1), 97VC, 97VD(2), 97VF(1), 97VG, 97VM(2), 97VN(2), 97VP(3), 97WG(1), 97WK(1) and (2) and 97WP(2).

        [Section 97U inserted by No. 20 of 2002 s. 4.]

        [Heading inserted by No. 20 of 2002 s. 4.]