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