Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


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


INDUSTRIAL RELATIONS AMENDMENT BILL 2018

                   Western Australia


Industrial Relations Amendment Bill 2018

                       Contents

      Part 1 -- Preliminary
1.    Short title                                             2
2.    Commencement                                            2
      Part 2 -- Industrial Relations
           Act 1979 amended
3.    Act amended                                             3
4.    Section 7 amended                                       3
5.    Section 8 amended                                       4
6.    Section 9 amended                                       5
7.    Section 10 amended                                      5
8.    Section 11 amended                                      5
9.    Section 13 replaced                                     5
      13.      Protection of commissioners and others   5
10.   Section 14 amended                                      6
11.   Section 14A amended                                     6
12.   Section 14B amended                                     7
13.   Section 15 amended                                      8
14.   Section 16 amended                                      8
15.   Section 16A amended                                     8
16.   Section 17 amended                                      9
17.   Section 18 amended                                      9
18.   Section 19 replaced                                    10
      19.      Duty of commissioners                    10
19.   Section 20 amended                                     10
20.   Section 21 amended                                     11
21.   Section 22 amended                                     11
22.   Section 27 amended                                     12
23.   Section 29AA amended                                   12
24.   Section 34 amended                                     12


                            98--1                             page i
Industrial Relations Amendment Bill 2018



Contents



      25.     Section 35 amended                                        13
      26.     Section 36 replaced                                       14
              36.      Copy of decision must be given to parties
                       and be available for inspection             14
      27.     Section 39 amended                                        15
      28.     Section 49 amended                                        15
      29.     Section 49E amended                                       16
      30.     Section 53 amended                                        17
      31.     Section 54 amended                                        17
      32.     Section 55 amended                                        17
      33.     Section 58 amended                                        18
      34.     Section 59 amended                                        19
      35.     Section 60 amended                                        19
      36.     Section 62 amended                                        19
      37.     Section 66 amended                                        20
      38.     Section 68 amended                                        21
      39.     Section 69 amended                                        21
      40.     Section 71 amended                                        22
      41.     Section 72 amended                                        23
      42.     Section 72A amended                                       23
      43.     Section 73 amended                                        25
      44.     Section 76 deleted                                        27
      45.     Section 80D amended                                       28
      46.     Section 80E amended                                       28
      47.     Section 80H amended                                       29
      48.     Section 80K amended                                       29
      49.     Section 80L amended                                       29
      50.     Section 80R amended                                       30
      51.     Section 80V amended                                       30
      52.     Section 80ZF replaced                                     31
              80ZF.    Term used: Fair Work Commission             31
      53.     Section 80ZG amended                                      31
      54.     Section 80ZH amended                                      32
      55.     Section 80ZI amended                                      32
      56.     Section 81B amended                                       33
      57.     Section 90 amended                                        33
      58.     Section 92 amended                                        33
      59.     Section 98 amended                                        34
      60.     Section 99D amended                                       34
      61.     Section 106 amended                                       34
      62.     Section 113 amended                                       34


page ii
                            Industrial Relations Amendment Bill 2018



                                                                Contents



63.   Section 116 inserted                                        35
      116.      Transitional provisions for Industrial
                Relations Amendment Act 2018               35
64.   Part VIII deleted                                           35
65.   Schedule 1 amended                                          35
66.   Schedule 6 inserted                                         35
      Schedule 6 -- Transitional provisions
      Division 1 -- Preliminary
      1.        Terms used                                 35
      Division 2 -- Provisions for President
      2.        Acting President: continuation in office   36
      3.        Past President's pension entitlements      36
      4.        Judicial notice of signature and
                appointment of President                   36
      Division 3 -- Provisions for pending matters
      5.        Pending matters                            37
      6.        Order under former s. 49 does not begin
                hearing of appeal                          38
      7.        Notices and applications under former
                s. 55                                      38
      8.        Summonses under former s. 73               38

      Part 3 -- Consequential amendments
           to other Acts
67.   Constitution Acts Amendment Act 1899 amended                 40
68.   Equal Opportunity Act 1984 amended                           40
69.   Juries Act 1957 amended                                      40
70.   Police Act 1892 amended                                      40
71.   Prisons Act 1981 amended                                     41
72.   Young Offenders Act 1994 amended                             43




                                                                 page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


    Industrial Relations Amendment Bill 2018

                               A Bill for


An Act to amend the Industrial Relations Act 1979 and to make
consequential amendments to various Acts.



The Parliament of Western Australia enacts as follows:




                                                                page 1
    Industrial Relations Amendment Bill 2018
    Part 1           Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Industrial Relations Amendment Act 2018.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 -- on the day on which this Act receives the
7                   Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation.




    page 2
                                         Industrial Relations Amendment Bill 2018
                             Industrial Relations Act 1979 amended         Part 2

                                                                                   s. 3



1          Part 2 -- Industrial Relations Act 1979 amended
2    3.         Act amended
3               This Part amends the Industrial Relations Act 1979.

4    4.         Section 7 amended
5         (1)   In section 7(1) delete the following definitions:
6               Fair Work Australia
7               member of the Commission
8               President
9               secondary office
10        (2)   In section 7(1) insert in alphabetical order:
11

12                    Fair Work Commission means the body established by
13                    the Fair Work Act 2009 (Commonwealth) section 575;
14                    presiding commissioner, of the Full Bench, means the
15                    presiding commissioner under section 15(1A);
16                    secondary office, in relation to a person who holds the
17                    office of commissioner and is subsequently appointed
18                    to an office of the Fair Work Commission under
19                    section 14A, means the office of member of the Fair
20                    Work Commission;
21

22        (3)   In section 7(1) in the definition of office paragraph (e) delete
23              "Full Bench pursuant to" and insert:
24

25              Commission under
26




                                                                            page 3
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 5



1         (4)   In section 7(1) in the definition of registration delete "Full
2               Bench;" and insert:
3

4               Commission in Court Session;
5

6         (5)   In section 7(4) delete "subsection (3)(b)" and insert:
7

8               subsection (3)
9


10   5.         Section 8 amended
11              In section 8(2):
12                (a) delete "shall consist of the following members -- " and
13                      insert:
14

15                        is to consist of --
16

17                (b)     delete paragraph (a);
18                (c)     delete "shall be" and insert:
19

20                        are
21

22                (d)     delete "in Her Majesty's name." and insert:
23

24                        under the Public Seal of the State.
25

26              Note: The heading to amended section 8 is to read:
27                      Commission constituted




     page 4
                                           Industrial Relations Amendment Bill 2018
                               Industrial Relations Act 1979 amended         Part 2

                                                                                  s. 6



1    6.         Section 9 amended
2               Delete section 9(1), (1aa) and (1a).
3               Note: The heading to amended section 9 is to read:
4                     Qualifications for appointment of Chief Commissioner

5    7.         Section 10 amended
6               In section 10 delete "member of the Commission and each
7               member of the Commission shall retire from his" and insert:
8

9               commissioner and each commissioner must retire from
10

11              Note: The heading to amended section 10 is to read:
12                    Age limit for commissioners

13   8.         Section 11 amended
14              In section 11(1) delete "his office each member of the
15              Commission shall make oath before a judge that he will
16              faithfully and impartially perform the duties of his office and
17              that he" and insert:
18

19              office each commissioner must make oath before a judge that
20              the commissioner will faithfully and impartially perform the
21              duties of office of commissioner and
22


23   9.         Section 13 replaced
24              Delete section 13 and insert:
25


26        13.         Protection of commissioners and others
27                    Each of the following persons has the same protection
28                    and immunity as a judge has when performing
29                    functions of a judge --


                                                                             page 5
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 10



1                         (a)   a commissioner when performing the functions
2                               of a commissioner;
3                        (b)    an industrial magistrate appointed under
4                               section 81B when performing the functions of
5                               an industrial magistrate;
6                         (c)   a member of a Board of Reference referred to
7                               in section 48 when performing the functions of
8                               a member of a Board of Reference;
9                        (d)    a constituent authority or a member of a
10                              constituent authority, as the case requires, when
11                              performing the functions of a constituent
12                              authority or a member of a constituent
13                              authority.
14


15   10.         Section 14 amended
16         (1)   Delete section 14(1).
17         (2)   In section 14(3) delete "member of the Commission" (each
18               occurrence) and insert:
19

20               commissioner
21

22               Note: The heading to amended section 14 is to read:
23                     Exercise of powers and jurisdiction of Commission

24   11.         Section 14A amended
25               In section 14A:
26                 (a) delete "A person who is a member of the Commission"
27                       and insert:
28

29                       A commissioner
30




     page 6
                                     Industrial Relations Amendment Bill 2018
                         Industrial Relations Act 1979 amended         Part 2

                                                                        s. 12



1           (b)     delete "Fair Work Australia," and insert:
2

3                   the Fair Work Commission,
4

5            (c)    delete "the offices of member of the Commission" and
6                   insert:
7

8                   the office of commissioner
9

10          (d)     delete "Fair Work Australia but" and insert:
11

12                  the Fair Work Commission but
13


14   12.   Section 14B amended
15         Delete section 14B(1) and insert:
16

17         (1)     As agreed from time to time by the Chief
18                 Commissioner and the President of the Fair Work
19                 Commission, a person who holds the office of
20                 commissioner and an office of member of the Fair
21                 Work Commission --
22                   (a) may perform the duties of the secondary office;
23                        and
24                   (b) may exercise, in relation to a particular
25                        matter --
26                          (i) any powers that the person has as a
27                               commissioner; and
28                         (ii) any powers that the person has as a
29                               member of the Fair Work Commission.
30




                                                                      page 7
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 13



1    13.          Section 15 amended
2                 Delete section 15(1) and insert:
3

4                 (1)   The Full Bench is to be constituted by 3
5                       commissioners, at least 1 of whom must be the Chief
6                       Commissioner or the Senior Commissioner, sitting or
7                       acting together.
8                (1A)   The presiding commissioner of the Full Bench is the
9                       most senior of the commissioners who constitute the
10                      Full Bench.
11

12                Note: The heading to amended section 15 is to read:
13                      Constitution of Full Bench and Commission in Court Session

14   14.          Section 16 amended
15         (1)    In section 16(1aa) delete "members of the Commission." and
16                insert:
17

18                commissioners.
19

20         (2)    Delete section 16(2)(c).

21   15.          Section 16A amended
22                In section 16A(1) delete "member of the Commission" and
23                insert:
24

25                commissioner
26




     page 8
                                            Industrial Relations Amendment Bill 2018
                                Industrial Relations Act 1979 amended         Part 2

                                                                                s. 16



1    16.         Section 17 amended
2          (1)   In section 17(1):
3                  (a) delete "member of the Commission is, or is expected to
4                        be, unable to attend to his" and insert:
5

6                          commissioner is, or is expected to be, unable to attend to
7                          their
8

9                  (b)     delete "acting President,"
10         (2)   Delete section 17(1a) and (1b).
11         (3)   In section 17(2) delete "shall not be appointed acting President
12               or acting Chief Commissioner unless he" and insert:
13

14               must not be appointed acting Chief Commissioner unless the
15               person
16

17               Note: The heading to amended section 17 is to read:
18                       Appointment of acting commissioners

19   17.         Section 18 amended
20         (1)   In section 18(1):
21                 (a) delete "member of the Commission" (each occurrence)
22                       and insert:
23

24                         commissioner
25

26                 (b)     delete "his period" and insert:
27

28                         the commissioner's period
29




                                                                              page 9
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 18



1                    (c)    delete "enable him" and insert:
2

3                           enable the commissioner
4

5                   (d)     delete "he has" and insert:
6

7                           the commissioner has
8

9          (2)     Delete section 18(3) and (4) and insert:
10

11                 (3)     The continuation in office of a retired commissioner
12                         under subsection (1) does not prevent the appointment
13                         of a person to fill the office from which the
14                         commissioner retired.
15                 (4)     The continuation in office of an acting commissioner
16                         under subsection (1) does not prevent the appointment
17                         of another person to act in the office in which the
18                         acting commissioner acted.
19


20   18.           Section 19 replaced
21                 Delete section 19 and insert:
22


23           19.           Duty of commissioners
24                         Each commissioner must keep acquainted with
25                         industrial affairs and conditions.
26


27   19.           Section 20 amended
28         (1)     Delete section 20(1).




     page 10
                                            Industrial Relations Amendment Bill 2018
                                Industrial Relations Act 1979 amended         Part 2

                                                                               s. 20



1          (2)   In section 20(2) delete "the members of the Commission, other
2                than the President" and insert:
3

4                commissioners
5

6          (3)   Delete section 20(8c), (8d), (11), (12) and (13).
7                Note: The heading to amended section 20 is to read:
8                      Conditions of service of commissioners

9    20.         Section 21 amended
10               In section 21 delete "A member of the Commission may resign
11               his office by writing under his hand" and insert:
12

13               A commissioner may resign office by writing
14


15   21.         Section 22 amended
16         (1)   In section 22(1) delete "the members of the Commission shall"
17               and insert:
18

19               commissioners
20

21         (2)   Delete section 22(2) and insert:
22

23               (2)   The office of a commissioner becomes vacant if the
24                     commissioner --
25                       (a) is removed from office under subsection (1); or
26                       (b) retires under section 10 or resigns under
27                            section 21; or




                                                                            page 11
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 22



1                        (c)   except with the approval of the Governor,
2                              accepts the office of member of the Fair Work
3                              Commission.
4


5    22.         Section 27 amended
6          (1)   In section 27(1)(t) delete "thereof " and insert:
7

8                of the matter, including any question of interpretation of the
9                rules of an organisation arising in the matter,
10

11         (2)   Delete section 27(1)(u) and insert:
12

13                       (u)   with the consent of the Chief Commissioner
14                             refer to the Full Bench for hearing and
15                             determination by the Full Bench any question
16                             of law arising in the matter, other than a
17                             question of interpretation of the rules of an
18                             organisation; and
19


20   23.         Section 29AA amended
21               In section 29AA(1) and (2) delete "Fair Work Australia" (each
22               occurrence) and insert:
23

24               the Fair Work Commission
25


26   24.         Section 34 amended
27         (1)   Delete section 34(1) and (2) and insert:
28

29               (1)   The decision of the Commission must be made in the
30                     form of an award, order or declaration and must be


     page 12
                                           Industrial Relations Amendment Bill 2018
                               Industrial Relations Act 1979 amended         Part 2

                                                                                 s. 25



1                       signed and dated at the time it is made --
2                         (a) in the case of a decision made by the
3                               Commission constituted by a single
4                               commissioner -- by the commissioner; or
5                         (b) in the case of a decision of the Commission in
6                               Court Session -- by the most senior
7                               commissioner of the commissioners who
8                               constitute the Commission in Court Session; or
9                         (c) in the case of a decision by the Full Bench or its
10                              presiding commissioner -- by the presiding
11                              commissioner of the Full Bench.
12               (1A)   A decision of the Commission must be sealed with the
13                      seal of the Commission.
14                (2)   When the commissioners who constitute the
15                      Commission in Court Session are divided in opinion on
16                      a question, the question must be decided according to
17                      the decision of the majority of the commissioners.
18

19         (2)    In section 34(3) delete "the President, the Full Bench or".
20         (3)    In section 34(4):
21                  (a) delete "the President, the Full Bench or";
22                  (b) delete "question by any" and insert:
23

24                       question by or in any
25


26   25.          Section 35 amended
27         (1)    Delete section 35(1) and insert:
28

29               (1A)   In this section --
30                      final decision means a decision, determination or
31                      ruling in proceedings that finally decides, determines

                                                                            page 13
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 26



1                        or disposes of the matter to which the proceedings
2                        relate.
3                  (1)   Subject to subsection (4), a final decision must, before
4                        it is made, be drawn up in the form of minutes which
5                        must be handed down to the parties concerned and,
6                        unless in any particular case the Commission otherwise
7                        determines, its reasons for decision must be published
8                        at the same time.
9                (1AB) Subsection (1) does not apply to an order made for the
10                     purposes of section 27(1)(a) or an order or declaration
11                     made under section 32(8).
12

13         (2)     In section 35(3) delete "they are delivered as the decision of the
14                 Commission." and insert:
15

16                 the final decision is made in the terms of the minutes.
17


18   26.           Section 36 replaced
19                 Delete section 36 and insert:
20


21           36.         Copy of decision must be given to parties and be
22                       available for inspection
23                 (1)   The Commission must, as soon as practicable after
24                       making a decision --
25                        (a) give a copy of the decision to each party to the
26                             proceeding; and
27                        (b) deposit a copy of the decision in the office of
28                             the Registrar.




     page 14
                                           Industrial Relations Amendment Bill 2018
                               Industrial Relations Act 1979 amended         Part 2

                                                                                 s. 27



1                (2)    A copy of each decision of the Commission lodged in
2                       the office of the Registrar must be open to inspection
3                       without charge during office hours by any person
4                       interested.
5


6    27.         Section 39 amended
7          (1)   Delete section 39(1) and (2) and insert:
8

9                (1)    An award comes into operation --
10                       (a) on the day on which it is made; or
11                       (b) on such day or days as the Commission fixes
12                            and specifies in the award.
13

14         (2)   In section 39(4) delete "delivered." and insert:
15

16               made.
17


18   28.         Section 49 amended
19         (1)   In section 49(1):
20                 (a) delete "this section" and insert:
21

22                       subsections (2) to (6a)
23

24                (b)    delete "section 80ZE." and insert:
25

26                       section 80ZE or subsection (11).
27

28         (2)   Delete section 49(7).




                                                                           page 15
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 29



1          (3)    Delete section 49(8) and insert:
2

3                 (8)   When the commissioners who constitute the Full
4                       Bench are divided on a question, the question must be
5                       decided according to the decision of a majority of them
6                       but, if their decisions on the question are equally
7                       divided, the question must be decided according to the
8                       decision of the presiding commissioner of the Full
9                       Bench.
10

11         (4)    In section 49(9) delete "President may state a case for the
12                decision of the Court thereon and shall" and insert:
13

14                presiding commissioner of the Full Bench may state a case for
15                the decision of the Court and must
16

17         (5)    In section 49(10) delete "(7),".
18         (6)    Delete section 49(12) and insert:
19

20               (12)   For the purposes of hearing and determining an
21                      application under subsection (11) for an order in
22                      respect of a decision, the Commission must be
23                      constituted by the presiding commissioner of the Full
24                      Bench allocated the appeal against the decision.
25


26   29.          Section 49E amended
27                In section 49E(4) in the definition of relevant person delete
28                paragraph (d) and insert:
29

30                        (d)   a Registrar's Department officer authorised in
31                              writing by the Registrar.
32



     page 16
                                          Industrial Relations Amendment Bill 2018
                              Industrial Relations Act 1979 amended         Part 2

                                                                               s. 30



1    30.         Section 53 amended
2          (1)   In section 53(1) delete "Full Bench." and insert:
3

4                Commission in Court Session.
5

6          (2)   In section 53(2) delete "Full Bench if the Full Bench" and
7                insert:
8

9                Commission in Court Session if it
10


11   31.         Section 54 amended
12         (1)   In section 54(1) delete "Full Bench." and insert:
13

14               Commission in Court Session.
15

16         (2)   In section 54(2) delete "Full Bench if the Full Bench" and
17               insert:
18

19               Commission in Court Session if it
20


21   32.         Section 55 amended
22         (1)   In section 55(2)(c) delete "Full Bench that he" and insert:
23

24               Commission in Court Session that the person
25

26         (2)   In section 55(3) delete "Full Bench" and insert:
27

28               Commission in Court Session
29


                                                                           page 17
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 33



1          (3)   In section 55(4) delete "Full Bench is satisfied for the purposes
2                of section 53(2) or 54(2), the Full Bench shall" and insert:
3

4                Commission in Court Session is satisfied for the purposes of
5                section 53(2) or 54(2), the Commission in Court Session must
6

7          (4)   In section 55(5):
8                  (a) delete "Full Bench shall" and insert:
9

10                      Commission in Court Session must
11

12                (b)   delete "Full Bench is" and insert:
13

14                      Commission in Court Session is
15


16   33.         Section 58 amended
17         (1)   In section 58(1):
18                 (a) delete "Full Bench to register an organisation he shall"
19                       and insert:
20

21                      Commission in Court Session to register an organisation
22                      the Registrar must
23

24                (b)   delete "shall thereupon".
25         (2)   In section 58(2) and (3) delete "Full Bench" (each occurrence)
26               and insert:
27

28               Commission in Court Session
29




     page 18
                                          Industrial Relations Amendment Bill 2018
                              Industrial Relations Act 1979 amended         Part 2

                                                                             s. 34



1    34.         Section 59 amended
2          (1)   In section 59(1):
3                  (a) delete "Full Bench shall" and insert:
4

5                       Commission in Court Session must
6

7                 (b)   delete "Full Bench, likely" and insert:
8

9                       Commission in Court Session, likely
10

11         (2)   In section 59(3) delete "Full Bench" and insert:
12

13               Commission in Court Session
14


15   35.         Section 60 amended
16               In section 60(1) delete "Full Bench," and insert:
17

18               Commission in Court Session,
19


20   36.         Section 62 amended
21         (1)   In section 62(2) delete "Full Bench." and insert:
22

23               Commission in Court Session.
24

25         (2)   In section 62(3) delete "President, he" and insert:
26

27               Chief Commissioner, the Registrar
28




                                                                          page 19
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 37



1    37.         Section 66 amended
2          (1)   In section 66(1):
3                  (a) delete "President" and insert:
4

5                       Chief Commissioner
6

7                 (b)   in paragraph (c) delete "his own" and insert:
8

9                       the Registrar's own
10

11         (2)   In section 66(2):
12                 (a) delete "President may make" and insert:
13

14                      Chief Commissioner may make
15

16                (b)   delete "he considers" and insert:
17

18                      the Chief Commissioner considers
19

20                (c)   in paragraph (a) delete "President -- " and insert:
21

22                      Chief Commissioner --
23

24                (d)   in paragraph (b) delete "President may direct; and" and
25                      insert:
26

27                      Chief Commissioner may direct; and
28




     page 20
                                             Industrial Relations Amendment Bill 2018
                                 Industrial Relations Act 1979 amended         Part 2

                                                                                    s. 38



1                  (e)     in paragraph (ca), (e) and (f) delete "President" (each
2                          occurrence) and insert:
3

4                          Chief Commissioner
5

6          (3)   Delete section 66(3), (7) and (8).
7          (4)   Delete section 66(9) and insert:
8

9                (9)     The power of the Chief Commissioner under
10                       subsection (2)(d) may, on a reference made under
11                       section 27(1)(t), be exercised by the Commission in
12                       Court Session.
13

14               Note: The heading to amended section 66 is to read:
15                       Power of Chief Commissioner to deal with rules of organisation

16   38.         Section 68 amended
17               In section 68 delete "Full Bench" and insert:
18

19               Commission
20

21               Note: The heading to amended section 67 is to read:
22                       Declaration as to certain functions

23   39.         Section 69 amended
24               In section 69(12):
25                 (a) delete "his" and insert:
26

27                         the
28




                                                                                 page 21
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 40



1                 (b)   delete "Full Bench" and insert:
2

3                       Commission in Court Session
4


5    40.         Section 71 amended
6          (1)   In section 71(2) delete "Full Bench," and insert:
7

8                       Commission in Court Session,
9

10         (2)   In section 71(3):
11                 (a) delete "Full Bench" and insert:
12

13                      Commission in Court Session
14

15                (b)   in paragraph (a) delete "his".
16         (3)   In section 71(7) delete "Full Bench" and insert:
17

18                      Commission in Court Session
19

20         (4)   In section 71(8):
21                 (a) delete "Full Bench approves an agreement under
22                       subsection (7) the Registrar shall --" and insert:
23

24                      Commission in Court Session approves an agreement
25                      under subsection (7) the Registrar must --
26

27                (b)   in paragraph (b) delete "Full Bench" and insert:
28

29                      Commission in Court Session
30




     page 22
                                          Industrial Relations Amendment Bill 2018
                              Industrial Relations Act 1979 amended         Part 2

                                                                               s. 41



1          (5)   In section 71(9):
2                  (a) in paragraph (a) delete "Full Bench; and" and insert:
3

4                       Commission in Court Session; and
5

6                 (b)   in paragraph (b) delete "he is" and insert:
7

8                       the Registrar is
9

10         (6)   In section 71(10) delete "Full Bench" (each occurrence) and
11               insert:
12

13               Commission in Court Session
14


15   41.         Section 72 amended
16               In section 72(1) delete "Full Bench." and insert:
17

18               Commission in Court Session.
19


20   42.         Section 72A amended
21         (1)   In section 72A(2) delete "Full Bench" and insert:
22

23               Commission in Court Session
24

25         (2)   In section 72A(3):
26                 (a) delete "shall publish" and insert:
27

28                      must publish
29




                                                                          page 23
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 42



1               (b)   delete "shall not be listed for hearing before the Full
2                     Bench" and insert:
3

4                     must not be listed for hearing before the Commission in
5                     Court Session
6

7       (3)    In section 72A(4) delete "Full Bench" and insert:
8

9              Commission in Court Session
10

11      (4)    In section 72A(5):
12               (a) delete "Full Bench shall" and insert:
13

14                    Commission in Court Session must
15

16              (b)   delete "the opinion of the Full Bench," and insert:
17

18                    its opinion,
19

20      (5)    In section 72A(6) delete "Full Bench is to refer the matter to the
21             President unless the Full Bench" and insert:
22

23             Commission in Court Session must refer the matter to the Chief
24             Commissioner unless it
25

26      (6)    In section 72A(7):
27               (a) delete "President shall," and insert:
28

29                    Chief Commissioner must,
30




     page 24
                                          Industrial Relations Amendment Bill 2018
                              Industrial Relations Act 1979 amended         Part 2

                                                                                s. 43



1                 (b)   delete "President's opinion, necessary to reflect the
2                       order made by the Full Bench." and insert:
3

4                       Chief Commissioner's opinion, necessary to reflect the
5                       order made by the Commission in Court Session.
6

7          (7)   In section 72A(8) delete "shall be made by instrument in writing
8                signed by the President and shall take" and insert:
9

10               must be made by instrument in writing signed by the Chief
11               Commissioner and takes
12


13   43.         Section 73 amended
14         (1)   In section 73(1):
15                 (a) after "the Commission" insert:
16

17                      constituted by a commissioner
18

19                (b)   delete "Full Bench" and insert:
20

21                      Commission in Court Session
22

23         (2)   In section 73(2):
24                 (a) delete "shall ascertain from the President" and insert:
25

26                      must ascertain from the Chief Commissioner
27

28                (b)   delete "date shall" and insert:
29

30                      date must
31



                                                                          page 25
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 43



1       (3)    In section 73(6) delete "shall not be a member of the Full
2              Bench." and insert:
3

4              must not be one of the commissioners who constitute the
5              Commission in Court Session for the purposes of this section.
6

7       (4)    In section 73(7):
8                (a) delete "Full Bench that" and insert:
9

10                    Commission in Court Session that
11

12              (b)   delete "Full Bench --" and insert:
13

14                    Commission in Court Session --
15

16      (5)    In section 73(7a)(c) delete "Full Bench" and insert:
17

18             Commission in Court Session
19

20      (6)    In section 73(7b):
21               (a) delete "Full Bench that" and insert:
22

23                    Commission in Court Session that
24

25              (b)   delete "Full Bench --" and insert:
26

27                    Commission in Court Session --
28




     page 26
                                          Industrial Relations Amendment Bill 2018
                              Industrial Relations Act 1979 amended         Part 2

                                                                              s. 44



1          (7)   In section 73(8) and (9) delete "Full Bench" (each occurrence)
2                and insert:
3

4                Commission in Court Session
5

6          (8)   In section 73(10):
7                  (a) delete "Full Bench considers" and insert:
8

9                        Commission in Court Session considers
10

11                (b)    delete "by the Full Bench" and insert:
12

13                       by the Commission in Court Session
14

15                 (c)   delete "appear to the Full Bench" and insert:
16

17                       appear to it
18

19         (9)   In section 73(12) delete "Full Bench shall" and insert:
20

21               Commission in Court Session must
22


23   44.         Section 76 deleted
24               Delete section 76.




                                                                           page 27
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 45



1    45.       Section 80D amended
2              Delete section 80D(1), (2) and (3) and insert:
3

4              (1)   The Chief Commissioner --
5                     (a) must appoint 1 commissioner as a public
6                          service arbitrator within the Commission; and
7                     (b) may appoint 1 or more commissioners as
8                          additional public service arbitrators within the
9                          Commission.
10             (2)   Without limiting subsection (1), the Chief
11                   Commissioner may be appointed as a public service
12                   arbitrator under that subsection.
13


14   46.       Section 80E amended
15             Delete section 80E(6)(a) and (b) and insert:
16

17                     (a)   with the consent of the Chief Commissioner
18                           refer to the Commission in Court Session for
19                           hearing and determination by the Commission
20                           in Court Session --
21                              (i) an industrial matter referred to in
22                                   subsection (1) or any part of that
23                                   industrial matter; or
24                             (ii) any question of interpretation of the
25                                   rules of an organisation arising in a
26                                   matter before the Arbitrator;
27                           and
28                    (b)    with the consent of the Chief Commissioner
29                           refer to the Full Bench for hearing and
30                           determination by the Full Bench any question
31                           of law arising in a matter before the Arbitrator,


     page 28
                                            Industrial Relations Amendment Bill 2018
                                Industrial Relations Act 1979 amended         Part 2

                                                                                 s. 47



1                               other than a question of interpretation of the
2                               rules of an organisation,
3


4    47.         Section 80H amended
5          (1)   Delete section 80H(3).
6          (2)   In section 80H(4) delete "In the case of an appeal referred to in
7                section 80I(1)(d) or (e), the" and insert:
8

9                The
10

11         (3)   In section 80H(5) delete "subsections (3) and" and insert:
12

13               subsection
14


15   48.         Section 80K amended
16               In section 80K(2) delete "shall be given in writing and shall be
17               signed and delivered" and insert:
18

19               must be given in writing and must be signed and dated at the
20               time it is made
21


22   49.         Section 80L amended
23               In section 80L(1) delete "(3), (5) and (6)," and insert:
24

25               (3) and (5),
26




                                                                             page 29
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 50



1    50.       Section 80R amended
2              Delete section 80R(3)(a) and (b) and insert:
3

4                     (a)   with the consent of the Chief Commissioner
5                           refer to the Commission in Court Session for
6                           hearing and determination by the Commission
7                           in Court Session --
8                              (i) an industrial matter referred to in
9                                   subsection (1) or any part of that
10                                  industrial matter; or
11                            (ii) any question of interpretation of the
12                                  rules of an organisation arising in a
13                                  matter before the Board;
14                          and
15                    (b)   with the consent of the Chief Commissioner
16                          refer to the Full Bench for hearing and
17                          determination by the Full Bench any question
18                          of law arising in a matter before the Board,
19                          other than a question of interpretation of the
20                          rules of an organisation,
21


22   51.       Section 80V amended
23             In section 80V(3) delete "shall be in the form of an award,
24             order, determination or declaration and shall be signed and
25             delivered" and insert:
26

27             must be in the form of an award, order, determination or
28             declaration and must be signed and dated at the time it is made
29




     page 30
                                           Industrial Relations Amendment Bill 2018
                               Industrial Relations Act 1979 amended         Part 2

                                                                                  s. 52



1    52.         Section 80ZF replaced
2                Delete section 80ZF and insert:
3


4            80ZF.     Term used: Fair Work Commission
5                      In this Part --
6                      Fair Work Commission includes a member of the Fair
7                      Work Commission.
8


9    53.         Section 80ZG amended
10         (1)      Delete section 80ZG(1)(a) to (c) and insert:
11

12                       (a)    the Fair Work Commission; and
13                       (b)    the parties to an industrial dispute in relation to
14                              which the Fair Work Commission is exercising
15                              power; and
16                       (c)    any witness summoned by the Fair Work
17                              Commission,
18

19         (2)   In section 80ZG(2) delete "Fair Work Australia," and insert:
20

21               the Fair Work Commission,
22

23         (3)   In section 80ZG(3) delete "Fair Work Australia" and insert:
24

25               the Fair Work Commission
26

27               Note: The heading to amended section 80ZG is to read:
28                     Joint proceedings of Commission and Fair Work Commission




                                                                              page 31
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 54



1    54.         Section 80ZH amended
2          (1)   In section 80ZH(1) delete "Fair Work Australia to nominate a
3                member of Fair Work Australia" and insert:
4

5                the Fair Work Commission to nominate a member of the Fair
6                Work Commission
7

8          (2)   In section 80ZH(2) delete "Fair Work Australia nominates a
9                member of Fair Work Australia," and insert:
10

11               the Fair Work Commission nominates a member of the Fair
12               Work Commission,
13

14         (3)   In section 80ZH(3) and (4) delete "Fair Work Australia" and
15               insert:
16

17               the Fair Work Commission
18

19               Note: The heading to amended section 80ZH is to read:
20                     Referring matters to Fair Work Commission for determination
21                     under this Act

22   55.         Section 80ZI amended
23         (1)   In section 80ZI(1) delete "he may, if that authority is willing,
24               confer with that authority, or arrange for another member of the
25               Commission" and insert:
26

27               the Chief Commissioner may, if that authority is willing, confer
28               with that authority, or arrange for another commissioner
29




     page 32
                                          Industrial Relations Amendment Bill 2018
                              Industrial Relations Act 1979 amended         Part 2

                                                                               s. 56



1          (2)   In section 80ZI(2) delete "he may confer with Fair Work
2                Australia" and insert:
3

4                the Chief Commissioner may confer with the Fair Work
5                Commission
6

7          (3)   In section 80ZI(3) delete "Fair Work Australia" and insert:
8

9                the Fair Work Commission
10


11   56.         Section 81B amended
12               In section 81B(2) and (4) delete "joint recommendation of the
13               President and" and insert:
14

15               recommendation of
16


17   57.         Section 90 amended
18               In section 90(1) and (3) delete "President, the Full Bench, or"
19               and insert:
20

21               Full Bench, the Commission on an application under
22               section 49(11) or
23


24   58.         Section 92 amended
25               Delete section 92(4).




                                                                           page 33
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 59



1    59.         Section 98 amended
2                In section 98(7) delete "subsection (1)." and insert:
3

4                subsection (2A).
5


6    60.         Section 99D amended
7                In section 99D(5) delete "the Minister," and insert:
8

9                the CEO,
10


11   61.         Section 106 amended
12               In section 106(a)(ii) delete "President,".

13   62.         Section 113 amended
14         (1)   In section 113(1):
15                 (a) delete "members of the Commission," and insert:
16

17                       other commissioners,
18

19                (b)    in paragraph (a) after "prescribing" insert:
20

21                       or providing for the approval of
22

23         (2)   In section 113(2) after "prescribe" insert:
24

25               or provide for the approval of
26




     page 34
                                             Industrial Relations Amendment Bill 2018
                                 Industrial Relations Act 1979 amended         Part 2

                                                                                    s. 63



1    63.          Section 116 inserted
2                 At the end of Part VII insert:
3


4            116.         Transitional provisions for Industrial Relations
5                         Amendment Act 2018
6                 (1)     Schedule 6 sets out transitional provisions.
7                 (2)     Schedule 6 does not affect the operation of the
8                         Interpretation Act 1984 Part V.
9


10   64.          Part VIII deleted
11                Delete Part VIII.

12   65.          Schedule 1 amended
13         (1)    Delete Schedule 1 item 2(c).
14         (2)    In Schedule 1 item 6 delete "Court, the President," and insert:
15

16                Court
17


18   66.          Schedule 6 inserted
19                After Schedule 5 insert:
20


21                        Schedule 6 -- Transitional provisions
22                                                                            [s. 116]

23                                 Division 1 -- Preliminary

24           1.           Terms used
25                        In this Schedule --



                                                                             page 35
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 66



1                       amended Act means this Act as amended by the amending
2                       Act;
3                       amending Act means the Industrial Relations Amendment
4                       Act 2018;
5                       commencement day means the day on which the amending
6                       Act section 66 comes into operation;
7                       former, in relation to a section, means the section as in force
8                       immediately before commencement day;
9                       former acting President -- see clause 2(1);
10                      matter includes any application, reference, proceeding or
11                      appeal.

12                         Division 2 -- Provisions for President

13           2.         Acting President: continuation in office
14                (1)   A person who holds the office of acting President
15                      immediately before commencement day (the former acting
16                      President) may, for a period approved by the Minister,
17                      remain in office with the functions and entitlements of the
18                      former acting President for the purpose of completing any
19                      matter or inquiry not completed by the former acting
20                      President before commencement day.
21                (2)   The Minister may extend, or further extend, the period
22                      approved under subclause (1) and may do so even if the
23                      period has expired.

24           3.         Past President's pension entitlements
25                      Despite the amendments made by the amending Act
26                      section 19(3), former section 20(12) and (13) continues to
27                      apply in relation to a person who held office as President or
28                      acting President before commencement day or the surviving
29                      spouse, de facto partner or child of that person.

30           4.         Judicial notice of signature and appointment of
31                      President
32                      All courts and persons acting judicially must take judicial
33                      notice of the official signature of every person who has

     page 36
                                    Industrial Relations Amendment Bill 2018
                        Industrial Relations Act 1979 amended         Part 2

                                                                               s. 66



1               remained in office under clause 2 or has at any time been or
2               acted in the office of President of the Commission under the
3               Act and of the fact that the person has held or acted in the
4               office.

5               Division 3 -- Provisions for pending matters

6    5.         Pending matters
7         (1)   In this clause --
8               Commission means the Commission constituted by the
9               former acting President, or constituted including the former
10              acting President;
11              former Act means the Act as in force immediately before
12              commencement day.
13        (2)   A matter is to be dealt with in accordance with the relevant
14              provisions of the amended Act if --
15                (a) the matter was before the Commission immediately
16                      before commencement day; but
17                (b)   the Commission had not begun to hear the matter.
18        (3)   Except as provided in subclauses (4) and (5), if the
19              Commission has begun or completed hearing a matter, but
20              has not finally determined the matter immediately before
21              commencement day, the matter is to continue to be dealt
22              with on or after that day in accordance with the relevant
23              provisions of the former Act.
24        (4)   A matter is to be dealt with in accordance with the relevant
25              provisions of the amended Act if --
26                (a)   the matter was before the Commission immediately
27                      before commencement day; and
28                (b)   the Commission has begun or completed hearing a
29                      matter, but has not finally determined the matter;
30                      and
31                (c)   the former acting President is not in the office of
32                      acting President immediately after commencement
33                      day, or ceases to remain in office after
34                      commencement day.

                                                                        page 37
     Industrial Relations Amendment Bill 2018
     Part 2           Industrial Relations Act 1979 amended

     s. 66



1                 (5)   The Chief Commissioner may, after consulting with the
2                       former acting President, direct that --
3                         (a)   subclause (3) does not apply to a matter specified in
4                               the direction; and
5                         (b)   the matter is to be dealt with in accordance with the
6                               relevant provisions of the amended Act.
7                 (6)   A direction under subclause (5) has effect in accordance
8                       with its terms.

9            6.         Order under former s. 49 does not begin hearing of
10                      appeal
11                      An appeal under section 49 has not commenced to be heard
12                      merely because an application for an order under
13                      section 49(11) in respect of the decision appealed against
14                      has been made, heard or determined.

15           7.         Notices and applications under former s. 55
16                (1)   If a notice published under former section 55(2) in relation
17                      to an application refers to the Full Bench, but on
18                      commencement day the Full Bench has not begun to hear
19                      the application, the reference is taken to be a reference to the
20                      Commission in Court Session.
21                (2)   If the hearing of an application made under former
22                      section 55 has not begun immediately before
23                      commencement day, the application must be dealt with
24                      under section 55 of the amended Act.

25           8.         Summonses under former s. 73
26                (1)   In this clause --
27                      former section 73 summons means a summons issued under
28                      former section 73.
29                (2)   A former section 73 summons to appear before the Full
30                      Bench on a date that is on or after commencement day --
31                        (a)   is taken to be a summons issued under section 73 of
32                              the amended Act to appear before the Commission
33                              in Court Session on that date; and

     page 38
                      Industrial Relations Amendment Bill 2018
          Industrial Relations Act 1979 amended         Part 2

                                                               s. 66



1   (b)   is to be dealt with under the amended Act as if it
2         were a summons issued under section 73 of the
3         amended Act to appear before the Commission in
4         Court Session.
5




                                                         page 39
     Industrial Relations Amendment Bill 2018
     Part 3           Consequential amendments to other Acts

     s. 67



1       Part 3 -- Consequential amendments to other Acts
2    67.         Constitution Acts Amendment Act 1899 amended
3          (1)   This section amends the Constitution Acts Amendment Act 1899.
4          (2)   In Schedule V Part 1 Division 1 delete "President of The Western
5                Australian Industrial Relations Commission.".

6    68.         Equal Opportunity Act 1984 amended
7          (1)   This section amends the Equal Opportunity Act 1984.
8          (2)   In section 66ZN(2)(g) delete "President or".

9    69.         Juries Act 1957 amended
10         (1)   This section amends the Juries Act 1957.
11         (2)   In Schedule 1 Division 1 clause 2(1)(g) delete "the President or".

12   70.         Police Act 1892 amended
13         (1)   This section amends the Police Act 1892.
14         (2)   In section 33S in the Table:
15                 (a) delete "s. 31(6)";
16                 (b) in the item relating to section 32 delete the first
17                       paragraph and insert:
18

                           Section 32(1) is to be read as if a reference
                           to "Where an industrial matter has been
                           referred to the Commission the
                           Commission shall" were a reference to "If
                           the Commission is dealing with an appeal
                           instituted under the Police Act 1892
                           section 33P, the Commission may
                           recommend that the parties to the appeal".
19




     page 40
                                         Industrial Relations Amendment Bill 2018
                            Consequential amendments to other Acts         Part 3

                                                                                 s. 71



1                  (c)   delete the item relating to section 34 and insert:
2

                           s. 34         A reference in subsection (1) to "an
                                         award, order or declaration" is to be
                                         read as if it were a reference to "an
                                         order".
                                         A reference in subsection (4) to "no
                                         award, order, declaration, finding, or
                                         proceeding" is to be read as if it were a
                                         reference to "no decision, order,
                                         finding or proceeding".
3

4                 (d)    delete the item relating to section 90 and insert:
5

                           s. 90         A reference in subsection (1) to "any
                                         decision of the Full Bench, the
                                         Commission on an application under
                                         section 49(11) or the Commission in
                                         Court Session" is to be read as if it
                                         were a reference to "a decision of the
                                         Commission under the Police
                                         Act 1892 section 33U".
6


7    71.         Prisons Act 1981 amended
8          (1)   This section amends the Prisons Act 1981.
9          (2)   In section 110B in the Table:
10                 (a) in the item relating to section 32 delete the first
11                       paragraph and insert:
12

                           Section 32(1) is to be read as if a reference
                           to "Where an industrial matter has been
                           referred to the Commission the Commission

                                                                              page 41
    Industrial Relations Amendment Bill 2018
    Part 3           Consequential amendments to other Acts

    s. 71



                        shall" were a reference to "If the
                        Commission is dealing with an appeal
                        instituted under the Prisons Act 1981
                        section 106, the Commission may
                        recommend that the parties to the appeal".
1

2              (b)   delete the item relating to section 34 and insert:
3

                     s. 34           A reference in subsection (1) to "an
                                     award, order or declaration" is to be
                                     read as if it were a reference to "an
                                     order".
                                     A reference in subsection (4) to "no
                                     award, order, declaration, finding, or
                                     proceeding" is to be read as if it were a
                                     reference to "no decision, order,
                                     finding or proceeding".
4

5              (c)   delete the item relating to section 90 and insert:
6

                     s. 90           A reference in subsection (1) to "any
                                     decision of the Full Bench, the
                                     Commission on an application under
                                     section 49(11) or the Commission in
                                     Court Session" is to be read as if it
                                     were a reference to "a decision of the
                                     Commission under the Prisons
                                     Act 1981 section 110E".
7




    page 42
                                         Industrial Relations Amendment Bill 2018
                            Consequential amendments to other Acts         Part 3

                                                                                s. 72



1    72.         Young Offenders Act 1994 amended
2          (1)   This section amends the Young Offenders Act 1994.
3          (2)   In section 11CM in the Table:
4                  (a) in the item relating to section 32 delete the first
5                        paragraph and insert:
6

                           Section 32(1) is to be read as if a
                           reference to "Where an industrial matter
                           has been referred to the Commission the
                           Commission shall" were a reference to
                           "If the Commission is dealing with an
                           appeal instituted under the Young
                           Offenders Act 1994 section 11CH, the
                           Commission may recommend that the
                           parties to the appeal".
7

8                 (b)   delete the item relating to section 34 and insert:
9

                        s. 34           A reference in subsection (1) to "an
                                        award, order or declaration" is to be
                                        read as if it were a reference to "an
                                        order".
                                        A reference in subsection (4) to "no
                                        award, order, declaration, finding, or
                                        proceeding" is to be read as if it were a
                                        reference to "no decision, order,
                                        finding or proceeding".
10




                                                                             page 43
    Industrial Relations Amendment Bill 2018
    Part 3           Consequential amendments to other Acts

    s. 72



1              (c)   delete the item relating to section 90 and insert:
2

                     s. 90           A reference in subsection (1) to "any
                                     decision of the Full Bench, the
                                     Commission on an application under
                                     section 49(11) or the Commission in
                                     Court Session" is to be read as if it
                                     were a reference to "a decision of the
                                     Commission under the Young
                                     Offenders Act 1994 section 11CP".
3


4




    page 44

 


[Index] [Search] [Download] [Related Items] [Help]