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This is a Bill, not an Act. For current law, see the Acts databases.


INDUSTRIAL LEGISLATION AMENDMENT BILL 2011

                     Western Australia


Industrial Legislation Amendment Bill 2011

                        CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                   2
 2.    Commencement                                  2
       Part 2 -- Construction Industry
            Portable Paid Long Service Leave
            Act 1985 amended
 3.    Act amended                                   3
 4.    Section 3A inserted                           3
       3A.      Application offshore            3
 5.    Section 3 amended                             3
 6.    Section 6 amended                             7
 7.    Section 7 amended                             8
 8.    Section 8 amended                             9
 9.    Section 21 amended                           10
 10.   Section 22 amended                           11
 11.   Section 23 amended                           12
 12.   Section 24 amended                           12
 13.   Section 28 amended                           12
 14.   Section 30 amended                           13
 15.   Section 31A inserted                         14
       31A.     Registration of employees      14
 16.   Section 31 amended                           15
 17.   Section 32 amended                           16
 18.   Section 34 amended                           16
 19.   Section 35A inserted                         17
       35A.     Penalty for late payment       17
 20.   Section 38 amended                           17
 21.   Section 45 amended                           18
 22.   Section 49 amended                           18

                          225--1                     page i
Industrial Legislation Amendment Bill 2011



Contents



      23.     Section 50 replaced                                      19
              50.      Review of Board's decision                 19
              51A.     Procedure on review                        20
      24.     Section 51 amended                                       21
      25.     Section 52 replaced                                      21
              52.      Obstructing inspector or other person      21
      26.     Section 53 replaced                                      22
              53.      Protection of persons giving information
                       under this Act                             22
              54A.     Remedies for breach of section 53          23
      27.     Section 55 amended                                       24
              Part 3 -- Industrial Relations
                   Act 1979 amended
              Division 1 -- Preliminary
      28.     Act amended                                              25
              Division 2 -- Amendments consequential to
                    Part 2 amendments
      29.     Section 81AA amended                                     25
      30.     Section 81CA amended                                     25
      31.     Section 83E amended                                      26
              Division 3 -- Amendments relating to
                    Commonwealth legislation
      32.     Section 7 amended                                        26
      33.     Section 31 amended                                       27
      34.     Section 71 amended                                       27
      35.     Section 73 amended                                       27
      36.     Section 80H amended                                      28
      37.     Section 80ZJ amended                                     28
      38.     Section 97VS amended                                     28
      39.     Various references to "the Australian
              Commission" amended                                      28
              Division 4 -- Other amendments
      40.     Section 7 amended                                        29
      41.     Section 29A amended                                      30
      42.     Section 81AA amended                                     31
      43.     Section 85 amended                                       31
      44.     Section 93 amended                                       31
      45.     Section 98 amended                                       32
      46.     Sections 99A to 99D inserted                             33


page ii
                       Industrial Legislation Amendment Bill 2011



                                                                  Contents



               [Section 3 amended by No. 33 of 2011 s.
               4.]99A.                            Identity card          33
      99B.     Production of identification                  33
      99C.     Staff                                         34
      99D.     Designation of officers, generally            34
47.   Section 113 amended                                           35
48.   Various references to "the Council" amended                   36
      Part 4 -- Minimum Conditions of
           Employment Act 1993 amended
49.   Act amended                                                   37
50.   Schedule 1 amended                                            37
      Part 5 -- Employment Dispute
           Resolution Act 2008 amended
51.   Act amended                                                   38
52.   Section 3 amended                                             38
53.   Section 26 deleted                                            39
54.   Section 27 replaced                                           39
      27.      Application for IR Commission to conduct
               dispute resolution process                   39
55.   Section 28 amended                                            39
56.   Section 29 amended                                            40
57.   Section 31 amended                                            40
      Part 6 -- Litter Act 1979 amended
58.   Act amended                                                   41
59.   Section 9 amended                                             41
      Part 7 -- Occupational Safety and
           Health Act 1984 amended
60.   Act amended                                                   42
61.   Section 6 amended                                             42




                                                                   page iii
                           Western Australia


                      LEGISLATIVE COUNCIL



   Industrial Legislation Amendment Bill 2011


                               A Bill for


An Act to amend the following Acts --
 the Construction Industry Portable Paid Long Service Leave
  Act 1985;
 the Industrial Relations Act 1979;
 the Minimum Conditions of Employment Act 1993;
 the Employment Dispute Resolution Act 2008,
and to make minor amendments to other Acts.



The Parliament of Western Australia enacts as follows:




                                                               page 1
    Industrial Legislation Amendment Bill 2011
    Part 1           Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Industrial Legislation Amendment Act 2011.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) sections 1 and 2 -- on the day on which this Act
7                   receives the Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation,
9                   and different days may be fixed for different provisions.




    page 2
                                         Industrial Legislation Amendment Bill 2011
          Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                      1985 amended

                                                                                 s. 3


1         Part 2 -- Construction Industry Portable Paid Long
2                 Service Leave Act 1985 amended
3    3.         Act amended
4               This Part amends the Construction Industry Portable Paid Long
5               Service Leave Act 1985.

6    4.         Section 3A inserted
7               After section 2 insert:
8


9            3A.      Application offshore
10              (1)   In this section --
11                    offshore area means an area referred to in the
12                    Industrial Relations Act 1979 section 3(3).
13              (2)   Where, under the Industrial Relations Act 1979
14                    section 3, that Act applies to and in relation to any
15                    construction industry carried on wholly or partly in an
16                    offshore area, then --
17                      (a) this Act applies to and in relation to employers
18                            and employees in that industry in that area; and
19                      (b) subsection (4) of that section applies with all
20                            necessary changes for the purposes of this Act.
21


22   5.         Section 3 amended
23        (1)   In section 3(1) delete the definitions of:
24              award
25              employee
26              employer




                                                                            page 3
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 5


1       (2)   In section 3(1) insert in alphabetical order:
2
3                   apprentice means a person who is an apprentice under
4                   a training contract that --
5                     (a) provides for training in a classification of work
6                            referred to in a prescribed industrial instrument
7                            relating to the construction industry that is a
8                            prescribed classification; and
9                     (b) is registered under the Vocational Education
10                           and Training Act 1996 Part 7 Division 2 or an
11                           Act of another State or a Territory that
12                           corresponds to that Act;
13                  approved form means a form approved by the Board
14                  for the purposes of the provision in which the term is
15                  used;
16                  employee means --
17                    (a) a person who is employed under a contract of
18                           service in a classification of work referred to in
19                           a prescribed industrial instrument relating to the
20                           construction industry that is a prescribed
21                           classification; or
22                    (b) an apprentice;
23                  employer means --
24                    (a) a natural person, firm or body corporate who or
25                           which engages persons as employees in the
26                           construction industry; or
27                    (b) a labour hire agency which arranges for a
28                           person who is a party to a contract of service
29                           with the agency (person A) to do work in the
30                           construction industry for another person
31                           (person B), even though person A is working
32                           for person B under an arrangement between the
33                           agency and person B,
34                  but does not include a Minister, authority or local
35                  government prescribed under subsection (4)(c);

     page 4
                                    Industrial Legislation Amendment Bill 2011
     Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                 1985 amended

                                                                            s. 5


1                industrial instrument means --
2                   (a) an award, industrial agreement or order made
3                        under the Industrial Relations Act 1979; or
4                   (b) an award, determination, enterprise agreement
5                        or order made under the Fair Work Act 2009
6                        (Commonwealth); or
7                   (c) an award, determination or agreement given
8                        continuing effect under the Fair Work
9                        (Transitional Provisions and Consequential
10                       Amendments) Act 2009 (Commonwealth),
11               irrespective of whether or not the instrument has, since
12               it was made or given continuing effect, ceased to be in
13               force;
14               inspector means a person engaged or appointed under
15               section 44(1);
16               labour hire agency means a person or entity that
17               conducts a business of the kind commonly known as a
18               labour hire agency;
19               prescribed means prescribed by regulations made
20               under this Act;
21               training contract means a contract that complies with
22               the Vocational Education and Training Act 1996
23               section 60E;
24               WAIRC means The Western Australian Industrial
25               Relations Commission continued and constituted under
26               the Industrial Relations Act 1979;
27

28   (3)   In section 3(1) in the definition of construction industry:
29           (a) after paragraph (a)(i) insert:
30

31                       (iia)   swimming pools and spa pools;
32




                                                                         page 5
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 5


1               (b)    in paragraph (a)(xvi) delete "for the use on" and insert:
2

3                      for use on or for the use of
4

5               (c)    in paragraph (f) delete "for an employer who" and
6                      insert:
7

8                            for an employer, or another person under an
9                            arrangement with a labour hire agency, who
10

11      (4)   In section 3(1) in the definition of union delete "Schedule 1 of
12            the Workplace Relations Act 1996 of the Commonwealth" and
13            insert:
14

15                    the Fair Work (Registered Organisations) Act 2009
16                    (Commonwealth)
17

18      (5)   Delete section 3(3).
19      (6)   In section 3(4):
20              (a) delete "award" (each occurrence) and insert:
21

22                     industrial instrument
23

24              (b)    in paragraph (a) delete "definition of employee;" and
25                     insert:
26

27                     definitions of apprentice and employee;
28




     page 6
                                         Industrial Legislation Amendment Bill 2011
          Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                      1985 amended

                                                                               s. 6


1    6.         Section 6 amended
2         (1)   Delete section 6(1)(b) and (c) and insert:
3

4                       (b)   2 persons appointed from among persons
5                             whose names are on a panel of 4 names
6                             comprised of --
7                               (i) 2 names submitted by the Master
8                                    Builders' Association of Western
9                                    Australia; and
10                             (ii) 2 names submitted by the Chamber of
11                                   Commerce and Industry of Western
12                                   Australia (Inc);
13                      (c)   2 persons appointed from among persons
14                            whose names are on a panel of 4 names
15                            comprised of --
16                              (i) 2 names submitted by UnionsWA; and
17                             (ii) 2 names submitted by The Building
18                                   Trades Association of Unions of
19                                   Western Australia (Association of
20                                   Workers);
21                      (d)   one person who in the Minister's opinion
22                            represents the interests of employers in the
23                            construction industry;
24                      (e)   one person who in the Minister's opinion
25                            represents the interests of employees in the
26                            construction industry.
27

28        (2)   After section 6(4) insert:
29

30              (5)   Despite subsection (1) --
31                     (a) subject to section 8, each of the persons holding
32                           office as a member of the Board under
33                           subsection (1)(b) or (c) immediately before the

                                                                            page 7
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 7


1                             coming into operation of the Industrial
2                             Legislation Amendment Act 2011 section 6(1)
3                             continues to hold office for the remainder of
4                             their term of appointment; and
5                      (b)    the Minister is not to appoint a person under
6                             subsection (1)(d) until a person referred to in
7                             paragraph (a) ceases to hold office as a member
8                             under subsection (1)(b); and
9                       (c)   the Minister is not to appoint a person under
10                            subsection (1)(e) until a person referred to in
11                            paragraph (a) ceases to hold office as a member
12                            under subsection (1)(c).
13              (6)   The regulations may amend subsection (1)(b) or (c) in
14                    order to reflect a change in the name of any body
15                    referred to in that paragraph.
16


17   7.         Section 7 amended
18        (1)   Delete section 7(1) and insert:
19

20              (1)   If --
21                      (a)   a member appointed under section 6(1)(b) or
22                            (c) is absent or temporarily incapable of
23                            fulfilling the duties of a member; or
24                     (b)    the office of a member appointed under
25                            section 6(1)(b) or (c) is vacant,
26                    the Minister may, on the nomination of the relevant
27                    body referred to in section 6(1)(b) or (c), appoint a
28                    person to act in the place of that member during that
29                    absence or incapacity, or until the vacancy is filled, as
30                    the case requires.
31




     page 8
                                         Industrial Legislation Amendment Bill 2011
          Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                      1985 amended

                                                                                   s. 8


1         (2)    Delete section 7(3) and insert:
2

3                (3)   If --
4                        (a)   the chairman or a member appointed under
5                              section 6(1)(d) or (e) is absent or temporarily
6                              incapable of fulfilling the duties of a member;
7                              or
8                       (b)    the office of the chairman or a member
9                              appointed under section 6(1)(d) or (e) is vacant,
10                     the Minister may appoint a person to act in the place of
11                     that member.
12              (4A)   While acting in the place of a member under this
13                     section an acting member has all the functions and
14                     entitlements of the member.
15


16   8.          Section 8 amended
17        (1)    Delete section 8(1) and insert:
18

19               (1)   The Minister may remove a member from office on the
20                     grounds of --
21                       (a) mental or physical inability to carry out the
22                            duties of the office in a satisfactory manner; or
23                       (b) neglect of duty; or
24                       (c) misconduct; or
25                       (d) absence, without leave of the Minister or an
26                            excuse which is satisfactory to the Minister,
27                            from 3 consecutive meetings of the Board of
28                            which the member has had notice.
29




                                                                            page 9
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 9


1         (2)    In section 8(2):
2                  (a) in paragraph (b) delete "his appointment is terminated"
3                        and insert:
4

5                         the member is removed from office
6

7                  (b)    delete paragraph (c).

8    9.          Section 21 amended
9         (1)    In section 21(1) delete "award" and insert:
10

11               any industrial instrument
12

13        (2)    After section 21(2) insert:
14

15              (3A)     In addition to the provisions set out in subsection (2),
16                       for the purposes of calculating the entitlement of an
17                       employee to long service leave under subsection (1),
18                       any period of service which occurred --
19                         (a) before a break in service; and
20                         (b) when the person was not registered as an
21                               employee under this Act; and
22                         (c) after the coming into operation of the Industrial
23                               Legislation Amendment Act 2011 section 9(2),
24                       is not to be counted as service.
25




     page 10
                                      Industrial Legislation Amendment Bill 2011
       Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                   1985 amended

                                                                             s. 10


1          (3)   In section 21(3) delete "subsection (1) --" and insert:
2

3                      this section --
4                      break in service means --
5                        (a) in the case of a person who has been engaged
6                              as an employee for any number of days that
7                              does not exceed 1 100 days of service -- a
8                              period within which the person is not so
9                              engaged of 2 years or more commencing from
10                             the last day of that engagement; or
11                       (b) in the case of a person who has been engaged
12                             as an employee for any number of days
13                             exceeding 1 100 days of service -- a period
14                             within which the person is not so engaged of
15                             4 years or more commencing from the last day
16                             of that engagement;
17


18   10.         Section 22 amended
19         (1)   Delete section 22(1)(b)(ii) and insert:
20

21                              (ii)   for any period of service after the
22                                     completion of 10 years of service which
23                                     is not part of the period of an accrued
24                                     entitlement under section 21(1), a sum
25                                     which bears the same proportion to the
26                                     money value of the entitlement referred
27                                     to in section 21(1)(a) as the period of
28                                     service bears to 10 years.
29

30         (2)   After section 22(2) insert:
31

32               (3)   When a lump sum payment is made to an employee or
33                     in respect of a deceased employee under this section,

                                                                          page 11
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 11


1                       the Board must remove the name of that person from
2                       the register of employees.
3                 (4)   Nothing in subsection (3) prevents a person referred to
4                       in subsection (1) from becoming entitled to registration
5                       as an employee under this Act by virtue of any
6                       subsequent service as an employee.
7


8    11.          Section 23 amended
9                 In section 23(1)(a) and (b) after "1 100 days" insert:
10

11                of service
12


13   12.          Section 24 amended
14                Delete section 24(2).

15   13.          Section 28 amended
16         (1)    In section 28(1) and (2) delete the Penalty.
17         (2)    After section 28(3) insert:
18

19               (4A)   A contravention of subsection (1) or (2) is not an
20                      offence but those subsections are civil penalty
21                      provisions for the purposes of the Industrial Relations
22                      Act 1979 section 83E.
23               (4B)   Subsection (4A) extends to a contravention that
24                      occurred within the period of 12 months ending on the
25                      coming into operation of the Industrial Legislation
26                      Amendment Act 2011 section 13 unless the person was
27                      charged with an offence in respect of that
28                      contravention.
29




     page 12
                                      Industrial Legislation Amendment Bill 2011
       Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                   1985 amended

                                                                                 s. 14


1    14.         Section 30 amended
2          (1)   Delete section 30(1) to (8) and insert:
3

4                (1)   Every employer must register as an employer under
5                      this Act.
6                (2)   An application for registration as an employer must --
7                       (a) be made in the approved form; and
8                       (b) contain the information required by the form.
9                (3)   An applicant for registration as an employer must
10                     include in the application every name under which, and
11                     address from which, the applicant operates as an
12                     employer.
13               (4)   An employer must notify the Board if the employer
14                     ceases to operate as an employer under any name or
15                     from any address included in an application for
16                     registration by the employer.
17               (5)   A contravention of subsection (1), (3) or (4) is not an
18                     offence but those subsections are civil penalty
19                     provisions for the purposes of the Industrial Relations
20                     Act 1979 section 83E.
21               (6)   Subsection (5) extends to a contravention that occurred
22                     within the period of 12 months ending on the coming
23                     into operation of the Industrial Legislation Amendment
24                     Act 2011 section 14 unless the person was charged with
25                     an offence in respect of that contravention.
26




                                                                           page 13
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 15


1          (2)   In section 30(10)(a) delete "employer or employee as the case
2                requires; and" and insert:
3

4                employer; and
5

6                Note: The heading to amended section 30 is to read:

7                      Registration of employers

8    15.         Section 31A inserted
9                After section 30 insert:
10


11           31A.       Registration of employees
12               (1)    Subject to subsection (5), the Board must --
13                       (a) register as an employee under this Act any
14                             employee in respect of whom an employer
15                             makes a statement under section 31(1); and
16                       (b) issue to the employee a certificate of
17                             registration.
18               (2)    A person who desires to register as an employee under
19                      this Act may apply in writing to the Board for
20                      registration.
21               (3)    An application made under subsection (2) must --
22                       (a) be made in the approved form; and
23                       (b) contain the information required by the form.
24               (4)    The Board may by written notice require --
25                       (a) an employee in respect of whom an employer
26                            makes a statement under section 31(1); or
27                       (b) an employer who makes a statement in respect
28                            of an employee under section 31(1); or



     page 14
                                      Industrial Legislation Amendment Bill 2011
       Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                   1985 amended

                                                                               s. 16


1                        (c)   an applicant for registration under
2                              subsection (2),
3                       to supply information the Board requires in relation to
4                       the proposed registration of the employee or applicant,
5                       and may require the information to be verified by
6                       statutory declaration.
7                (5)    If the Board is not satisfied with any information given
8                       in an application or under subsection (4), the Board
9                       may --
10                        (a) in the case of an employee to whom
11                              subsection (1) applies, refuse to register the
12                              employee; or
13                        (b) in the case of an applicant for registration under
14                              subsection (2), return the application and refuse
15                              to register the applicant.
16


17   16.         Section 31 amended
18         (1)   In section 31(1):
19                 (a) delete "each prescribed period --" and insert:
20

21                      each prescribed period, within 15 days after the end of
22                      that period --
23

24                (b)    delete paragraph (a) and insert:
25

26                       (a)   a statement in the approved form giving the
27                             information required by the form; and
28




                                                                            page 15
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 17


1          (2)    Delete section 31(2) and insert:
2

3                 (2)   A contravention of subsection (1) is not an offence but
4                       that subsection is a civil penalty provision for the
5                       purposes of the Industrial Relations Act 1979
6                       section 83E.
7                 (3)   Subsection (2) extends to a contravention that occurred
8                       within the period of 12 months ending on the coming
9                       into operation of the Industrial Legislation Amendment
10                      Act 2011 section 16 unless the person was charged with
11                      an offence in respect of that contravention.
12


13   17.          Section 32 amended
14                Delete section 32(3) and insert:
15

16                (3)   A contravention of subsection (1) or (2) is not an
17                      offence but those subsections are civil penalty
18                      provisions for the purposes of the Industrial Relations
19                      Act 1979 section 83E.
20                (4)   Subsection (3) extends to a contravention that occurred
21                      within the period of 12 months ending on the coming
22                      into operation of the Industrial Legislation Amendment
23                      Act 2011 section 17 unless the person was charged with
24                      an offence in respect of that contravention.
25


26   18.          Section 34 amended
27                After section 34(1) insert:
28

29               (2A)   In subsection (1) a reference to a person employed as
30                      an employee does not include an apprentice.
31




     page 16
                                      Industrial Legislation Amendment Bill 2011
       Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                   1985 amended

                                                                                  s. 19


1    19.          Section 35A inserted
2                 After section 34 insert:
3


4            35A.       Penalty for late payment
5                 (1)   Without limiting section 34, if an employer fails to pay
6                       to the Board an amount of contribution within the time
7                       required under section 31(1) the employer is liable to
8                       pay to the Board, by way of penalty, a surcharge
9                       determined by the Board.
10                (2)   The surcharge becomes due and payable 30 days after
11                      the employer is notified in writing by the Board of the
12                      determination of the surcharge.
13


14   20.          Section 38 amended
15         (1)    After section 38(1) insert:
16

17               (2A)   A contravention of subsection (1) is not an offence but
18                      that subsection is a civil penalty provision for the
19                      purposes of the Industrial Relations Act 1979
20                      section 83E.
21               (2B)   Subsection (2A) extends to a contravention that
22                      occurred within the period of 12 months ending on the
23                      coming into operation of the Industrial Legislation
24                      Amendment Act 2011 section 20 unless the person was
25                      charged with an offence in respect of that
26                      contravention.
27

28         (2)    Delete section 38(3) to (6).




                                                                            page 17
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 21


1    21.       Section 45 amended
2              Delete section 45(2) and insert:
3

4              (2)   A person must not, without reasonable excuse, fail to
5                    comply with a requirement made under subsection (1).
6              (3)   A contravention of subsection (2) is not an offence but
7                    that subsection is a civil penalty provision for the
8                    purposes of the Industrial Relations Act 1979
9                    section 83E.
10             (4)   Subsection (3) extends to a contravention that occurred
11                   within the period of 12 months ending on the coming
12                   into operation of the Industrial Legislation Amendment
13                   Act 2011 section 21 unless the person was charged with
14                   an offence in respect of that contravention.
15

16   22.       Section 49 amended
17             After section 49(1) insert:
18

19           (2A)    In any proceedings against a person for recovery of a
20                   surcharge determined under section 35A, a certificate
21                   purporting to be signed by the chief executive officer
22                   certifying any of the following --
23                     (a) that the employer named in the certificate was
24                           liable to pay the surcharge;
25                     (b) that the determination of the surcharge was
26                           duly made;
27                     (c) that the amount of the surcharge is as stated in
28                           the certificate,
29                   is admissible in evidence in the proceedings and is, in
30                   the absence of evidence to the contrary, conclusive
31                   proof of the matters stated in the certificate.
32


     page 18
                                      Industrial Legislation Amendment Bill 2011
       Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                   1985 amended

                                                                            s. 23


1    23.         Section 50 replaced
2                Delete section 50 and insert:
3


4          50.         Review of Board's decision
5                (1)   In this section --
6                      reviewable decision means a decision by the Board --
7                        (a) to refuse to register an employee; or
8                        (b) to require an employer to register under this
9                               Act; or
10                       (c) to remove the name of an employer or
11                              employee from the employers register or the
12                              employees register respectively; or
13                       (d) as to the assessment of the amount of ordinary
14                              pay of an employee under section 34; or
15                       (e) as to the entitlement of an employee to long
16                              service leave; or
17                        (f) as to the amount of any moneys to be paid in
18                              respect of a long service leave entitlement
19                              whether pro rata or otherwise.
20               (2)   A person who is aggrieved by a reviewable decision
21                     may, in the manner and time prescribed by regulations
22                     made under section 51A(3), refer the decision for
23                     review to the WAIRC constituted by a single
24                     commissioner.
25               (3)   On a referral of a decision under subsection (2), the
26                     WAIRC is to inquire into the circumstances relevant to
27                     the decision and may --
28                       (a) affirm the decision; or
29                       (b) vary the decision; or
30                       (c) set aside the decision and --
31                               (i) substitute another decision; or

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     Industrial Legislation Amendment Bill 2011
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                      1985 amended

     s. 23


1                             (ii)   send the matter back to the Board for
2                                    reconsideration in accordance with any
3                                    directions or recommendations that the
4                                    WAIRC considers appropriate.

5            51A.    Procedure on review
6              (1)   The provisions of the Industrial Relations Act 1979
7                    sections 22B, 26(1)(a) and (b) and (3), 27, 28, 31(1),
8                    (2) and (3), 34(3) and (4), 36 and 49 that apply to and
9                    in relation to the exercise of the jurisdiction of the
10                   WAIRC constituted by a commissioner apply to and in
11                   relation to the exercise of the jurisdiction conferred by
12                   section 50 --
13                     (a) with any modifications that may be prescribed
14                            by the Chief Commissioner under the Industrial
15                            Relations Act 1979 section 113; and
16                     (b) with any other modifications that may be
17                            necessary or appropriate.
18             (2)   For the purposes of subsection (1), the Industrial
19                   Relations Act 1979 section 31(1) applies as if
20                   paragraph (c) were deleted and the following paragraph
21                   were inserted --
22

23                    (c)   by a legal practitioner.
24

25             (3)   The Chief Commissioner may make regulations under
26                   the Industrial Relations Act 1979 section 113 providing
27                   for --
28                     (a) the manner in which, and time within which, a
29                           decision may be referred for review under
30                           section 50; and
31                     (b) the practice and procedure to be followed for
32                           the purposes of a review under section 50.
33



     page 20
                                      Industrial Legislation Amendment Bill 2011
       Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                   1985 amended

                                                                              s. 24


1    24.         Section 51 amended
2                In section 51(1) delete "by virtue of continuous service with an
3                employer" and insert:
4

5                under another Act or under an industrial instrument
6


7    25.         Section 52 replaced
8                Delete section 52 and insert:
9


10         52.         Obstructing inspector or other person
11               (1)   A person must not without reasonable excuse --
12                      (a) obstruct or hinder an inspector performing a
13                            function under this Act; or
14                      (b) fail to comply with a lawful requirement or
15                            direction of an inspector under this Act; or
16                      (c) conceal any person from, or prevent any person
17                            from appearing before, an inspector, or attempt
18                            to conceal a person from, or prevent a person
19                            from appearing before, an inspector; or
20                      (d) hinder a person authorised by a union to do so
21                            from inspecting any records required to be
22                            maintained by an employer under this Act.
23               (2)   A contravention of subsection (1) is not an offence but
24                     that subsection is a civil penalty provision for the
25                     purposes of the Industrial Relations Act 1979
26                     section 83E.
27               (3)   Subsection (2) extends to a contravention of section 52
28                     as in force immediately before the coming into
29                     operation of the Industrial Legislation Amendment
30                     Act 2011 section 25 that occurred within the period of
31                     12 months ending on that coming into operation unless

                                                                          page 21
     Industrial Legislation Amendment Bill 2011
     Part 2           Construction Industry Portable Paid Long Service Leave Act
                      1985 amended

     s. 26


1                        the person was charged with an offence in respect of
2                        that contravention.
3


4    26.           Section 53 replaced
5                  Delete section 53 and insert:
6


7            53.         Protection of persons giving information under this
8                        Act
9                  (1)   A person must not --
10                        (a) dismiss a person from, or otherwise injure a
11                              person in, that person's employment; or
12                        (b) detrimentally alter a person's employment
13                              position; or
14                        (c) refuse to promote a person; or
15                        (d) refuse to employ another person; or
16                        (e) directly or indirectly hinder or prevent the
17                              employment of another person or the promotion
18                              of a person,
19                       when a reason for doing so is that the person or other
20                       person has given information to an inspector or to the
21                       chief executive officer under this Act.
22                 (2)   A contravention of subsection (1) is not an offence but
23                       that subsection --
24                         (a) is a civil penalty provision for the purposes of
25                               the Industrial Relations Act 1979 section 83E;
26                               and
27                         (b) is also enforceable under section 54A.
28                 (3)   Subsection (2) extends to a contravention of
29                       section 53(1) as in force immediately before the
30                       coming into operation of the Industrial Legislation
31                       Amendment Act 2011 section 26 that occurred within

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                                    Industrial Legislation Amendment Bill 2011
     Construction Industry Portable Paid Long Service Leave Act         Part 2
                                                 1985 amended

                                                                           s. 26


1                the period of 12 months ending on that coming into
2                operation unless the person was charged with an
3                offence in respect of that contravention.

4       54A.     Remedies for breach of section 53
5          (1)   If an industrial magistrate's court determines under the
6                Industrial Relations Act 1979 section 83E that an
7                employer has contravened section 53(1) in relation to a
8                person who is or was an employee of that person, the
9                court may make an order under subsection (2).
10         (2)   The court may order the employer --
11                (a) to reinstate the person if he or she was
12                      dismissed from employment; or
13                (b) subject to subsection (6), to pay to the person
14                      compensation for any loss or injury suffered as
15                      a result of the contravention,
16               or to do both of those things.
17         (3)   If an industrial magistrate's court determines under the
18               Industrial Relations Act 1979 section 83E that a person
19               has contravened section 53(1) in relation to a person
20               other than an employee of the person, the court may,
21               subject to subsection (6), order the person found to
22               have contravened section 53(1) to pay compensation to
23               that other person for any loss or injury suffered as a
24               result of the contravention.
25         (4)   The court may make an order under this section in
26               addition to imposing a penalty under the Industrial
27               Relations Act 1979 section 83E.
28         (5)   A person is not entitled to compensation both under
29               this section and otherwise for the same dismissal, loss
30               or injury.




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     Industrial Legislation Amendment Bill 2011
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                      1985 amended

     s. 27


1              (6)   The court does not have jurisdiction under this section
2                    to order that there be paid --
3                      (a) to an employee who has been dismissed, any
4                            amount exceeding 6 months' remuneration of
5                            the employee; and
6                      (b) in any other case, any amount exceeding $5 000
7                            or such other amount as is prescribed by the
8                            regulations.
9              (7)   For the purposes of subsection (6)(a) the court may
10                   calculate the amount on the basis of an average rate
11                   received during any relevant period of employment.
12             (8)   A person must comply with an order made against the
13                   person under this section.
14                   Penalty: a fine of $5 000 and a daily penalty of $500.
15


16   27.       Section 55 amended
17             In section 55 delete "award" and insert:
18

19             any industrial instrument
20




     page 24
                                         Industrial Legislation Amendment Bill 2011
                              Industrial Relations Act 1979 amended          Part 3
                                                          Preliminary   Division 1
                                                                               s. 28



1           Part 3 -- Industrial Relations Act 1979 amended
2                             Division 1 -- Preliminary
3    28.         Act amended
4                This Part amends the Industrial Relations Act 1979.

5    Division 2 -- Amendments consequential to Part 2 amendments
6    29.         Section 81AA amended
7          (1)   In section 81AA delete "on it by --" and insert:
8

9                on it by the following --
10

11         (2)   Before section 81AA(ba) insert:
12

13                      (a)   the Construction Industry Portable Paid Long
14                            Service Leave Act 1985 section 53;
15


16   30.         Section 81CA amended
17               In section 81CA(1) in the definition of general jurisdiction:
18                 (a) in paragraph (b) delete "1958;" and insert:
19

20                      1958; or
21

22                (b)   after paragraph (b) insert:
23

24                      (c)   the Construction Industry Portable Paid Long
25                            Service Leave Act 1985 section 53;
26




                                                                            page 25
     Industrial Legislation Amendment Bill 2011
     Part 3           Industrial Relations Act 1979 amended
     Division 3       Amendments relating to Commonwealth legislation
     s. 31



1    31.          Section 83E amended
2          (1)    In section 83E(6) delete "An application" and insert:
3

4                 Except as provided in subsections (6a) and (7A), an application
5

6          (2)    After section 83E(6a) insert:
7

8                (7A)   In the case of a contravention of a provision under the
9                       Construction Industry Portable Paid Long Service
10                      Leave Act 1985 that is a civil penalty provision --
11                        (a) subsection (6) does not apply; and
12                        (b) an application for an order under this section
13                              may be made, with the written consent of the
14                              Construction Industry Long Service Leave
15                              Payments Board established under section 5 of
16                              that Act, by an officer of the Board.
17

18         (3)    In section 83E(7) delete "subsection (6)" and insert:
19

20                subsection (6) or (7A)(b)
21


22                      Division 3 -- Amendments relating to
23                            Commonwealth legislation
24   32.          Section 7 amended
25         (1)    In section 7(1) delete the definition of Australian Commission.
26         (2)    In section 7(1) insert in alphabetical order:
27

28                      Fair Work Australia means the body established by
29                      the Fair Work Act 2009 (Commonwealth) section 575;
30


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                                       Industrial Legislation Amendment Bill 2011
                            Industrial Relations Act 1979 amended          Part 3
                   Amendments relating to Commonwealth legislation    Division 3
                                                                             s. 33



1    33.         Section 31 amended
2                In section 31(1)(c)(i) delete "Commonwealth Act; or" and
3                insert:
4

5                Fair Work Act 2009 (Commonwealth); or
6

7    34.         Section 71 amended
8                In section 71(1) in the definition of Branch delete
9                "Commonwealth Act;" and insert:
10

11                     Fair Work (Registered Organisations) Act 2009
12                     (Commonwealth);
13


14   35.         Section 73 amended
15         (1)   In section 73(3)(a)(ii) delete "under the Commonwealth Act,"
16               and insert:
17

18                                    made under the Fair Work Act 2009
19                                    (Commonwealth) or continued in
20                                    existence under the Fair Work
21                                    (Transitional Provisions and
22                                    Consequential Amendments) Act 2009
23                                    (Commonwealth),
24

25         (2)   In section 73(7b) delete "under the Commonwealth Act," and
26               insert:
27

28                     made under the Fair Work Act 2009 (Commonwealth)
29                     or continued in existence under the Fair Work
30                     (Transitional Provisions and Consequential
31                     Amendments) Act 2009 (Commonwealth),
32


                                                                          page 27
     Industrial Legislation Amendment Bill 2011
     Part 3           Industrial Relations Act 1979 amended
     Division 3       Amendments relating to Commonwealth legislation
     s. 36



1    36.       Section 80H amended
2              In section 80H(6) delete "Commonwealth Act" and insert:
3

4                     Fair Work (Registered Organisations) Act 2009
5                     (Commonwealth)
6

7    37.       Section 80ZJ amended
8              In section 80ZJ(1) delete "Commonwealth Act" and insert:
9

10             Fair Work Act 2009 (Commonwealth)
11

12             Note: The heading to amended section 80ZJ is to read:

13                   Exercise of powers conferred under Fair Work Act
14

15   38.       Section 97VS amended
16             In section 97VS(5)(a) delete "under the Commonwealth Act,"
17             and insert:
18

19                            made under the Fair Work Act 2009
20                            (Commonwealth) or continued in existence
21                            under the Fair Work (Transitional Provisions
22                            and Consequential Amendments) Act 2009
23                            (Commonwealth),
24

25   39.       Various references to "the Australian Commission"
26             amended
27             In the provisions listed in the Table delete "the Australian
28             Commission" (each occurrence) and insert:
29

30             Fair Work Australia
31


     page 28
                                             Industrial Legislation Amendment Bill 2011
                                  Industrial Relations Act 1979 amended          Part 3
                                                      Other amendments      Division 4
                                                                                   s. 40



1                                              Table
       s. 7(1) def. of secondary office             s. 14A

       s. 14B(1)                                    s. 22(2)(c)

       s. 29AA(1) and (2)                           s. 80ZF

       s. 80ZG(1), (2) and (3)                      s. 80ZH(1), (2), (3) and (4)

       s. 80ZI(2) and (3)

2                Notes:

3                1.       The heading to amended section 80ZF is to read:

4                         References to Fair Work Australia

5                2.       The heading to amended section 80ZH is to read:

6                         Reference of industrial matters to Fair Work Australia for
7                         determination under this Act

8                            Division 4 -- Other amendments
9    40.         Section 7 amended
10         (1)   In section 7(1) delete the definitions of:
11               Council
12               deputy registrar
13               industrial inspector
14               Registrar
15         (2)   In section 7(1) insert in alphabetical order:
16
17                        CEO means the chief executive officer of the
18                        Department;
19                        Department means the department of the Public
20                        Service principally assisting the Minister in the
21                        administration of this Act;
22                        departmental officer means a person employed in the
23                        Department as referred to in section 99C(2);

                                                                                       page 29
     Industrial Legislation Amendment Bill 2011
     Part 3           Industrial Relations Act 1979 amended
     Division 4       Other amendments
     s. 41



1                   deputy registrar means a person designated as a deputy
2                   registrar under this Act;
3                   industrial inspector means a person designated as an
4                   industrial inspector under this Act;
5                   officer of the Commission means --
6                     (a) the Registrar, a deputy registrar or any other
7                           Registrar's Department officer assisting the
8                           Commission in the performance of its
9                           functions; or
10                    (b) an officer appointed under section 93(1a);
11                  officer of the Court means the clerk of the Court or
12                  any other Registrar's Department officer assisting the
13                  Court in the performance of its functions;
14                  Registrar means the chief executive officer of the
15                  Registrar's Department or, if another person is
16                  designated as the Registrar under this Act, that person;
17                  Registrar's Department means the department of the
18                  Public Service known as the Department of the
19                  Registrar Western Australian Industrial Relations
20                  Commission;
21                  Registrar's Department officer means a person
22                  employed in the Registrar's Department as referred to
23                  in section 99C(3);
24

25   41.       Section 29A amended
26             Delete section 29A(2a) and insert:
27
28          (2A)    The Chief Commissioner may, if of the opinion that it
29                  is appropriate to do so in the circumstances, direct that
30                  the area and scope provisions of the proposed award or
31                  industrial agreement --
32                    (a) need not be published in the Industrial Gazette;
33                          or


     page 30
                                         Industrial Legislation Amendment Bill 2011
                              Industrial Relations Act 1979 amended          Part 3
                                                  Other amendments      Division 4
                                                                               s. 42



1                       (b)   need not be published at all.
2


3    42.         Section 81AA amended
4                Delete section 81AA(bb).

5    43.         Section 85 amended
6                Delete section 85(7) and insert:
7

8                (7)   Subject to subsection (9), the chief executive officer of
9                      the Registrar's Department is to be the clerk of the
10                     Court.
11               (8)   The Public Sector Management Act 1994 section 32(1)
12                     does not apply to the performance of functions of the
13                     clerk of the Court by the chief executive officer of the
14                     Registrar's Department.
15               (9)   The chief executive officer of the Registrar's
16                     Department may designate a Registrar's Department
17                     officer as the clerk of the Court.
18


19   44.         Section 93 amended
20         (1)   Delete section 93(1) and insert:
21

22               (1)   Subject to subsection (1AB), the chief executive officer
23                     of the Registrar's Department is to be the Registrar.
24           (1AA) The Public Sector Management Act 1994 section 32(1)
25                 does not apply to the performance of functions of the
26                 Registrar by the chief executive officer of the
27                 Registrar's Department.
28           (1AB) The chief executive officer of the Registrar's
29                 Department may, after consultation with the Chief


                                                                            page 31
     Industrial Legislation Amendment Bill 2011
     Part 3           Industrial Relations Act 1979 amended
     Division 4       Other amendments
     s. 45



1                       Commissioner, designate a Registrar's Department
2                       officer as the Registrar.
3            (1AC) The Registrar may designate a Registrar's Department
4                  officer as a deputy registrar.
5            (1AD) There are to be as many deputy registrars as are
6                  necessary for the purposes of this Act.
7

8          (2)    In section 93(1a) delete "appointed under and subject to Part 3
9                 of the Public Sector Management Act 1994." and insert:
10

11                public service officers.
12

13         (3)    After section 93(2) insert:
14

15               (3A)   Subsection (2) applies despite the Public Sector
16                      Management Act 1994 but if the chief executive officer
17                      of the Registrar's Department is the Registrar, nothing
18                      in that subsection affects the functions of the Registrar
19                      as chief executive officer.
20


21   45.          Section 98 amended
22                Delete section 98(1) and insert:
23

24                (1)   The CEO may designate a departmental officer as an
25                      industrial inspector.
26               (2A)   There are to be as many industrial inspectors as are
27                      necessary to perform the functions conferred on
28                      industrial inspectors by this Act or any other written
29                      law.
30




     page 32
                                     Industrial Legislation Amendment Bill 2011
                          Industrial Relations Act 1979 amended          Part 3
                                              Other amendments      Division 4
                                                                           s. 46



1    46.     Sections 99A to 99D inserted
2            After section 98 insert:
3


4          99A.    Identity card
5            (1)   Every industrial inspector is to be provided with an
6                  identity card signed by the CEO or a departmental
7                  officer authorised in that behalf by the CEO.
8            (2)   An identity card purporting to have been provided
9                  under subsection (1) is, without proof of the signature
10                 of the person purporting to have signed it or of the
11                 person's authority to have signed it, evidence in a
12                 court --
13                   (a) of the appointment to which the identity card
14                         purports to relate; and
15                   (b) of any other matter specified on the identity
16                         card.
17           (3)   If the designation of a person under section 98(1) is
18                 revoked or ceases to have effect, the person must, as
19                 soon as practicable, but within 21 days, after the
20                 designation is revoked or ceases to have effect, return
21                 the identity card to the CEO or a departmental officer
22                 authorised by the CEO to receive it, unless the person
23                 has a reasonable excuse.
24                 Penalty: a fine of $2 000.

25         99B.    Production of identification
26           (1)   An industrial inspector must, if requested to do so by a
27                 person in respect of whom the industrial inspector has
28                 exercised, or is about to exercise, a power under this
29                 Act or any other written law, produce the industrial
30                 inspector's identity card for the person's inspection.



                                                                          page 33
     Industrial Legislation Amendment Bill 2011
     Part 3           Industrial Relations Act 1979 amended
     Division 4       Other amendments
     s. 46



1              (2)   Subsection (1) only applies if the industrial inspector is
2                    in the physical presence of the person in respect of
3                    whom the power has been, or is about to be, exercised.
4              (3)   If for any reason it is not practicable to comply with
5                    subsection (1), the industrial inspector must produce
6                    the identity card for inspection by the person at the first
7                    reasonable opportunity.

8          99C.      Staff
9              (1)   In this section --
10                   employed in the Department or the Registrar's
11                   Department includes seconded to perform functions or
12                   services for, or duties in the service of, that department.
13             (2)   As many public service officers are to be employed in
14                   the Department as are necessary for the purposes of
15                   this Act.
16             (3)   As many public service officers are to be employed in
17                   the Registrar's Department as are necessary --
18                     (a) for the performance of the Court's functions;
19                          and
20                     (b) for the performance of the Commission's
21                          functions; and
22                     (c) otherwise for the purposes of this Act.

23         99D.      Designation of officers, generally
24             (1)   This section applies to the following --
25                    (a) the designation of a person under section 85(9)
26                          to be the clerk of the Court;
27                    (b) the designation of a person under
28                          section 93(1AB) to be the Registrar;
29                    (c) the designation of a person under
30                          section 93(1AC) to be a deputy registrar;


     page 34
                                          Industrial Legislation Amendment Bill 2011
                               Industrial Relations Act 1979 amended          Part 3
                                                   Other amendments      Division 4
                                                                                s. 47



1                        (d)   the designation of a person under section 98(1)
2                              to be an industrial inspector.
3                (2)   A designation is to be in writing and the Interpretation
4                      Act 1984 section 52 applies to it in the same way as
5                      that section applies to an appointment.
6                (3)   A designation referred to in subsection (1)(a), (b) or (c)
7                      ceases to have effect if the person designated ceases to
8                      be a Registrar's Department officer.
9                (4)   A designation referred to in subsection (1)(d) ceases to
10                     have effect if the person designated ceases to be a
11                     departmental officer.
12               (5)   The chief executive officer of the Registrar's
13                     Department, the Registrar or the Minister, as the case
14                     may be, may, in writing, delegate the power to make a
15                     designation to another person.
16


17   47.         Section 113 amended
18         (1)   Delete section 113(1)(d)(ii)(III) (first occurrence) and insert:
19

20                                     (IIIA)   the Owner-Drivers (Contracts
21                                              and Disputes) Act 2007; and
22

23         (2)   After section 113(1)(d)(ii)(III) (second occurrence) and (IV)
24               insert:
25

26               and
27




                                                                             page 35
    Industrial Legislation Amendment Bill 2011
    Part 3           Industrial Relations Act 1979 amended
    Division 4       Other amendments
    s. 48



1   48.        Various references to "the Council" amended
2              In the provisions listed in the Table delete "the Council" (each
3              occurrence) and insert:
4

5              UnionsWA
6

7                                       Table
      s. 29A(2)(a)(i) and (b)               s. 31(1)(c)(i)

      s. 38(1) and (1a)(a)                  s. 40B(2) and (3)(a)

      s. 47(5)(a)                           s. 50(2)

      s. 51A(1)                             s. 51BA(1)(a)

      s. 51I(2)(a)                          s. 51J(a)

      s. 51K                                s. 97VZ(3) def. of peak
                                            industrial body

      s. 112A(1a)(a) and (3)(c)




    page 36
                                   Industrial Legislation Amendment Bill 2011
           Minimum Conditions of Employment Act 1993 amended           Part 4

                                                                            s. 49



1          Part 4 -- Minimum Conditions of Employment
2                      Act 1993 amended
3    49.      Act amended
4             This Part amends the Minimum Conditions of Employment
5             Act 1993.

6    50.      Schedule 1 amended
7             In Schedule 1:
8               (a) delete the reference after the heading and insert:
9

10                    [s. 3(1)]
11

12              (b)   after "Boxing Day." insert:
13

14         Any special day appointed by proclamation under the Public and Bank
15              Holidays Act 1972 section 7 to be a public holiday.
16




                                                                         page 37
     Industrial Legislation Amendment Bill 2011
     Part 5           Employment Dispute Resolution Act 2008 amended

     s. 51



1                Part 5 -- Employment Dispute Resolution
2                          Act 2008 amended
3    51.         Act amended
4                This Part amends the Employment Dispute Resolution Act 2008.

5    52.         Section 3 amended
6          (1)   In section 3(1) delete the definitions of:
7                Commonwealth workplace agreement
8                Workplace Relations Act
9          (2)   In section 3(1) insert in alphabetical order:
10

11                     Commonwealth enterprise agreement means an
12                     enterprise agreement as defined in the Fair Work
13                     Act 2009 (Commonwealth) or any other agreement or
14                     arrangement prescribed under the IR Act section 113
15                     for the purposes of this definition;
16

17         (3)   In section 3(1) in the definition of organisation delete
18               paragraph (b) and insert:
19

20                       (b)   an organisation registered under the Fair Work
21                             (Registered Organisations) Act 2009
22                             (Commonwealth);
23

24         (4)   In section 3(1) in the definition of referral proceeding delete
25               "Division 2;" and insert:
26

27               Division 2.
28




     page 38
                                      Industrial Legislation Amendment Bill 2011
                  Employment Dispute Resolution Act 2008 amended          Part 5

                                                                            s. 53



1    53.         Section 26 deleted
2                Delete section 26.

3    54.         Section 27 replaced
4                Delete section 27 and insert:
5


6          27.         Application for IR Commission to conduct dispute
7                      resolution process
8                      A party to an employment dispute may apply to the IR
9                      Commission to have a dispute resolution process
10                     conducted by the IR Commission in relation to the
11                     employment dispute if --
12                       (a) the parties to the employment dispute are bound
13                            by a Commonwealth enterprise agreement; and
14                       (b) the Commonwealth enterprise agreement
15                            authorises, permits or provides for the IR
16                            Commission, or a member of the IR
17                            Commission, to conduct a dispute resolution
18                            process under dispute settlement procedures set
19                            out in the agreement.
20


21   55.         Section 28 amended
22               In section 28(2) and (3) delete "workplace" (each occurrence)
23               and insert:
24

25               enterprise
26




                                                                         page 39
     Industrial Legislation Amendment Bill 2011
     Part 5           Employment Dispute Resolution Act 2008 amended

     s. 56



1    56.         Section 29 amended
2          (1)   Delete section 29(1)(a) and (b) and insert:
3

4                        (a)   the Commonwealth enterprise agreement
5                              concerned; and
6                       (b)    the Fair Work Act 2009 (Commonwealth).
7

8          (2)   Delete section 29(2) and insert:
9

10               (2)   The Fair Work Act 2009 (Commonwealth) section 740
11                     applies to a dispute resolution process conducted under
12                     this Division.
13


14   57.         Section 31 amended
15               In section 31(1) after "may be made" insert:
16

17               by the Chief Commissioner
18




     page 40
                                Industrial Legislation Amendment Bill 2011
                                    Litter Act 1979 amended         Part 6

                                                                     s. 58



1              Part 6 -- Litter Act 1979 amended
2   58.   Act amended
3         This Part amends the Litter Act 1979.

4   59.   Section 9 amended
5         Delete section 9(1)(ka) and insert:
6

7                (k)   one shall be appointed on the nomination of
8                      UnionsWA;
9




                                                                  page 41
     Industrial Legislation Amendment Bill 2011
     Part 7           Occupational Safety and Health Act 1984 amended

     s. 60



1              Part 7 -- Occupational Safety and Health
2                        Act 1984 amended
3    60.       Act amended
4              This Part amends the Occupational Safety and Health Act 1984.

5    61.       Section 6 amended
6              In section 6(2)(d)(ii) delete "the body known as The Trades and
7              Labor Council of Western Australia; and" and insert:
8

9              UnionsWA; and
10




 


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