Western Australian Consolidated Regulations

INDUSTRIAL RELATIONS (EMPLOYER-EMPLOYEE AGREEMENTS) REGULATIONS 2002 - REG 9

9 .         Notice of proposed arbitrator

        (1)         This regulation applies to EEA dispute provisions that do not name or designate an arbitrator to whom a dispute is to be referred.

        (2)         All such provisions must provide to the effect that, if notice of a dispute is given under a provision of the kind described in regulation 7, the employer or the employee may give notice in writing to the other party ( notice of a proposed arbitrator ) setting out —

            (a)         the name of a person that he or she wishes to act; or

            (b)         the names of several persons one of whom he or she wishes to act,

                as arbitrator of the dispute.

        (3)         The provisions must also indicate that if —

            (a)         notice of a proposed arbitrator is given under a provision of the kind described in subregulation (2); and

            (b)         the employer and the employee have not agreed on the person who is to act as arbitrator within 7 days after the day on which the notice is given,

                provisions of the kind described in regulations 13(1) and  14(a) will apply to enable a default appointment to be made.