INDUSTRIAL RELATIONS ACT 1979

Western Australian Current Acts

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INDUSTRIAL RELATIONS ACT 1979

TABLE OF PROVISIONS

Long Title

PART I -- Introductory

1. Short title
2. Commencement
3. Application of Act off-shore
4. Repeal
6. Objects of Act
7. Terms used

PART II -- The Western Australian Industrial Relations Commission

Division 1 -- Constitution of the Commission

8. Commission constituted
9. Qualifications for appointment of Chief Commissioner
10. Age limit for commissioners
11. Oath of office and secrecy
12. Commission is court of record etc.
13. Protection of commissioners and others
14. Exercise of powers and jurisdiction of Commission
14A. Dual federal and State appointments
14B. Performance of duties by dual federal and State appointees
15. Constitution of Full Bench and Commission in Court Session
16. Chief Commissioner’s functions
16A. Delegation by Chief Commissioner
17. Appointment of acting commissioners
18. Extending appointments
19. Duty of commissioners
20. Conditions of service of commissioners
21. Resignation from office
22. Tenure subject to good behaviour

Division 2 -- General jurisdiction and powers of the Commission

22A. Terms used
22B. Commission to act with due speed
23. Jurisdiction of Commission
23A. Unfair dismissal claims, Commission’s powers on
23B. Third party involvement in employment claim, Commission’s powers to prevent etc.
24. Industrial matters, Commission may decide what are
25. Allocation of industrial matters by Chief Commissioner
26. Commission to act according to equity and good conscience
27. Powers of Commission
28. Powers in s. 27 may be exercised at any time after matter lodged
29. Who may refer industrial matters to Commission
29AA. Certain claims not to be determined
29A. Proposed award etc., service of etc.
29B. Parties to proceedings
30. Minister may intervene on behalf of State
31. Representation of parties to proceedings
32. Conciliation and arbitration of industrial matters
32A. Conciliation and arbitration functions of Commission are unlimited
33. Evidence before Commission
34. Decisions of Commission, form of and review of
35. Decision to be first drawn up as minutes
36. Copy of decision must be given to parties and be available for inspection

Division 2A -- Awards

36A. Non-award employees, interim award for etc.
37. Effect, area of operation and duration of award
37A. Public sector awards and enterprise awards
37B. Private sector awards: general
37C. Private sector awards: limitations on making and varying
37D. Private sector awards: variations of the Commission’s own motion
38. Named parties to awards
39. When award operates
40. Varying and cancelling awards generally
40A. Incorporation of industrial agreement provisions into awards by consent
40B. Power to vary awards to reflect statutory etc. requirements, to promote efficiency and to facilitate implementation

Division 2B -- Industrial agreements

40C. Terms used
41. Industrial agreements, making, registration and effect of
41A. Which industrial agreements must not be registered under s.
42. Bargaining for industrial agreement, initiating
42A. Response to initiation of bargaining
42B. Bargaining for industrial agreements, good faith required etc.
42C. Code of good faith
42D. Duty of good faith does not require concluded industrial agreement
42E. Commission may assist bargaining
42F. Commission’s power over negotiating parties restricted
42G. Parties may agree to Commission making orders as to terms of agreement
42H. Commission may declare that bargaining has ended
42I. Enterprise order, applying for and making
42J. Enterprise order, effect of
42K. Enterprise order, term of and varying etc.
42L. When bargaining ends
42M. Regulations for this Division
43. Industrial agreement, varying, renewing and cancelling

Division 2C -- Holding of compulsory conferences

44. Compulsory conference, summoning, holding etc.

Division 2D -- Miscellaneous provisions relating to awards, orders and agreements

46. Interpretation of awards and orders by Commission
47. Defunct awards etc., cancelling; employers not in business etc., deleting from awards etc.
48. Board of Reference for each award
48A. Awards etc. to provide for dispute resolution
48B. Superannuation, provisions about in awards etc.

Division 2E -- Appeals to the Full Bench

49. Appeal from Commission’s decision

Division 2F -- Keeping of and access to employment records and pay slips

49D. Employer’s duties as to employment records
49DA. Employer obligations in relation to pay slips
49E. Access to employment records
49F. Enforcement of this Division

Division 2G -- Right of entry and inspection by authorised representatives

49G. Terms used
49H. Entry for discussions with employees
49I. Entry to investigate certain breaches
49J. Authorising authorised representatives
49K. No entry to premises used for habitation
49L. Authority must be shown on request
49M. Obstructing etc. rights etc. under this Division etc.
49N. Entry and inspection, provisions in awards etc. as to
49O. Enforcement of this Division

Division 3 -- General Orders

50. General ORDER s, nature of and making

50A. Rates of pay etc. for MCE Act and awards, annual State Wage order as to
50B. Apprentices, matters relevant to setting rates for in State Wage order
51A. Public sector discipline, General Orders as to
51B. General Order not to set minimum condition set by MCE Act
51BA. Notice of hearing to make General Order
51BB. Right to be heard before General Order made
51BC. Commissioner may deal with certain proceedings
51BD. Awards etc. affected by General Order, publication of
51BE. Publication of order

Division 3AA -- Workers bullied or sexually harassed at work

51BF. Terms used
51BG. Person conducting a business or undertaking
51BH. Worker
51BI. Worker bullied or sexually harassed at work
51BJ. Stop bullying or sexual harassment application
51BK. Dealing with a stop bullying or sexual harassment application
51BL. Power to dismiss stop bullying or sexual harassment applications involving covert operations
51BM. Commission may make stop bullying or sexual harassment orders
51BN. Contravening stop bullying or sexual harassment order

Division 3A -- MCE Act functions

Subdivision 1 -- Preliminary

51C. Term used: Commission

Subdivision 3 -- Casual employees’ loading

51I. Casual employees’ loading, setting for MCE Act s.

Subdivision 4 -- Orders under this Division generally

51J. Notice of hearings under this Division
51K. Right to be heard before order made under this Division
51L. Orders under this Division, restrictions on
51M. Publication of orders
51N. Variation and rescission of s. 51I orders

Division 3B -- Equal remuneration

51O. Equal remuneration orders
51P. Employer not to reduce remuneration
51Q. Alternative remedies
51R. Remuneration-related action

Division 4 -- Industrial organisations and associations

52. Terms used
52A. Counterpart federal body
53. Organisations of employees, which can be registered
54. Organisations of employers, which can be registered
55. Applications for registration under s. 53 or
56. Rules of organisations to provide for secret ballots etc. at elections
56A. Casual vacancies, rules as to filling
57. Elections by direct voting system to be by secret postal ballot
58. Registering organisations, rules etc.
59. Names of registered organisations, restrictions on
60. Organisation becomes incorporated on registration
61. Effect of registration
62. Altering registered rules
63. Records, organisations’ duties as to etc.
64. Membership register, Registrar may direct rectification of etc.
64A. Resigning from an organisation
64B. Membership ends if subscription not paid
64C. Effect of s. 64A and 64B in relation to organisation’s rules
64D. Purging register, organisation’s rules to provide for
65. Accounts of organisation, audit and filing of
65A. Auditor’s powers
66. Power of Chief Commissioner to deal with rules of organisation
67. Industrial associations, registering
68. Declaration as to certain functions
69. Election, conduct of by Registrar or Electoral Commissioner
70. Offences in relation to elections
71. Rules of State and federal organisations as to membership and offices
71A. State organisation may adopt rules of federal organisation
72. Amalgamated organisations, registration of
72A. Employee organisations, orders as to whom they represent
72B. AMA may represent interests of medical practitioners
73. Cancelling and suspending registration of organisation, procedure for

Division 5 -- Duties of officers of organisations

74. Finance official’s duties
75. Auditor to report on compliance with s. 74 duties
77. Duty under s. 74, enforcing
78. Failure to comply with s. 77(2)(e) order
79. Proceedings under s. 77, effect on or of other proceedings
80. Disqualification from office for breach of s. 74 duty

PART 2AA -- Employers declared not to be national system employers

Division 1 -- Declarations

80A. Employers declared not to be national system employers

Division 2 -- Change from federal to State system

80B. Terms used
80BA. Operation of awards, industrial agreements or orders
80BB. New State instruments
80BC. Amendment of new State instruments
80BD. Ability to carry over matters
80BE. References in new State instruments to federal industrial authority and General Manager
80BF. References in new State instruments to provisions of Commonwealth laws
80BG. References in new State instruments to federal organisations
80BH. Named parties to new State instruments
80BI. Employment under old federal instrument
80BJ. Leave accrued immediately before relevant day
80BK. Leave taken under old federal instrument

PART IIA -- Constituent authorities

Division 2 -- Public service arbitrator and appeal boards

80C. Terms used and construction and application of Division
80D. Public service arbitrators, appointment of etc.
80E. Jurisdiction of Arbitrator
80F. Who may refer matters to Arbitrator
80G. Part II Div. 2 to 2G, application of
80H. Public Service Appeal Board, members of etc.
80I. Board’s jurisdiction
80J. Institution of appeals under s. 80I
80K. Proceedings of Board
80L. Certain provisions of Part II Div. 2 apply

Division 3 -- Railways Classification Board

80M. Terms used
80N. Railways Classification Board, members of etc.
80O. Terms of office etc.
80P. Extending appointments
80Q. Validity of acts of Board
80R. Board’s jurisdiction
80S. Who may refer matters to Board
80U. Vacant salaried position, reclassification of
80V. Proceedings of Board
80W. Part II Div. 2 to 2G, application of

PART IIB -- Enquiries

80ZE. Minister may refer matter to Commission for enquiry

PART IIC -- Arrangements with other industrial authorities

80ZF. Term used: FW Commission
80ZG. Joint proceedings of Commission and FW Commission
80ZH. Referring matters to FW Commission for determination under this Act
80ZI. Conferences with other industrial authorities
80ZJ. Commission may exercise powers conferred by FW Act or prescribed enactments

PART III -- Enforcement of Act, awards, industrial agreements and orders

Division 1 -- Industrial magistrate’s court

81. Industrial magistrate’s courts established
81A. Jurisdiction under this Act of industrial magistrate’s court
81AA. Jurisdiction under other Acts of industrial magistrate’s court
81B. Industrial magistrate’s courts, constitution of
81C. Sittings of industrial magistrate’s courts
81CA. Procedure etc. of industrial magistrate’s courts
81CB. Industrial magistrate’s court judgments, enforcement of
81D. Clerks of industrial magistrate’s courts
81E. Representation of parties in industrial magistrate’s court
81F. Industrial magistrate’s court records, access to
81G. Industrial inspectors may assist industrial magistrate’s court

Division 2 -- Enforcement generally

82. Jurisdiction of Full Bench
82A. Time limit for certain applications
83. Enforcing awards etc.
83A. Underpayment of employee, orders to remedy
83B. Unfair dismissal, enforcing s. 23A order as to
83C. Costs of enforcement orders under s. 83, 83A and 83B
83D. Offences under this Act, jurisdiction as to
83E. Civil penalty provision, proceedings for contravening
83EA. Serious contravention of entitlement provision or civil penalty provision
83EB. Employer to have burden of disproving certain allegations by applicant under s.
83F. Costs and penalties, payment of
84. Appeal from industrial magistrate’s court to Full Bench
84AA. Illegal contracts of employment may be treated as valid
84A. Certain contraventions of Act, enforcement of before Full Bench

Division 3 -- Civil infringement notices

84B. Terms used
84C. Giving civil infringement notice
84D. Content of civil infringement notice
84E. Amount of civil infringement notice penalty
84F. Time for payment of civil infringement notice penalty
84G. Extension of time to pay civil infringement notice penalty
84H. Withdrawal of civil infringement notice
84I. Effect of payment of civil infringement notice penalty
84J. Refund of civil infringement notice penalty

Division 4 -- Enforceable undertakings

84K. Terms used
84L. Application of Division
84M. Enforceable undertaking
84N. Enforcement of enforceable undertakings

Division 5 -- Compliance notices

84O. Terms used
84P. Application of Division
84Q. Giving compliance notice
84R. Relationship with enforceable undertakings
84S. Relationship with proceedings under s.
84T. Person must comply with compliance notice
84U. Review of compliance notices
84V. Withdrawal of compliance notice

PART IV -- Western Australian Industrial Appeal Court

85. Constitution of Court
86. Jurisdiction of Court
87. Decision of Court
88. Judgments, enforcement of
90. Appeal from Commission to Court
91. Representation before Court
91A. Court’s power to order costs and expenses
92. Contempt, Court’s powers as to

PART V -- The Registrar and other officers of the Commission

93. Appointment and duties of officers
94. Authority of officers to do acts as directed
95. Deputy registrar’s functions
96. Delegation by Commission to Registrar

PART VIA -- Freedom of association

96A. Terms used
96B. Awards etc. not to contain certain provisions about membership of organisations
96C. Discrimination because of membership of organisation, offence
96D. Discriminatory etc. acts against persons performing work for employers because of membership or non-membership of employee organisation, offence
96E. Discriminatory etc. acts against persons because of non-membership of employee organisation, offence
96F. Penalties under s. 96C, 96D and 96E, provisions about
96G. Criminal responsibility of officers etc. for offences in s. 96C, 96D and 96E
96H. Criminal responsibility of corporations etc. for offences in s. 96C, 96D and 96E
96I. Evidentiary provisions for s. 96C, 96D and 96E
96J. Court may order compliance with s. 96C, 96D or 96E
96K. Appeal against decision under s. 96J
96L. Other court orders after conviction under s. 96C, 96D or 96E

PART 6B -- Protection of employee rights

Division 1 -- Preliminary

97. Terms used

Division 2 -- Damaging action

97A. Damaging action because of inquiry or complaint
97B. Court orders to employers
97C. Court orders to third parties

Division 3 -- Sham contracts for services

97D. Misrepresenting contract of employment as contract for services
97E. Dismissing to engage under contract for services
97F. False statement to engage under contract for services
97G. Court orders to employers

Division 4 -- Miscellaneous

97H. Certain advertising prohibited

PART VID -- Employer-employee agreements

Division 1 -- Preliminary

97U. Terms used

Division 2 -- The making of an EEA

97UA. Employer and employee may make EEA
97UB. EEA may deal with post-employment matters
97UC. Other provisions about making EEA
97UD. Making of EEA by person with a mental disability
97UE. Effect of EEA
97UF. EEA not to be made while industrial agreement in operation
97UG. Documents etc. to be given to employee before EEA signed
97UH. Application of s. 97UG if draft EEA amended
97UI. EEA information statement, form of (s. 97UG(2)(b))
97UJ. Bargaining agents, appointing etc.
97UK. Prohibited conduct relating to bargaining agents

Division 3 -- Form and content of EEA

97UL. Form of EEA
97UM. Additional formalities for EEA made with employee under
97UN. EEA must provide for resolution of disputes
97UO. EEA dispute provisions, content of
97UP. Industrial authority may be specified as arbitrator

Division 4 -- Commencement, duration and variation

97UQ. New employee, when EEA commences
97UR. Existing employee, when EEA commences
97US. Expiry of EEA
97UT. Employment conditions applicable on expiry of EEA
97UU. EEA cannot be varied
97UV. Cancelling EEA
97UW. Termination of employment, effect of on EEA

Division 5 -- Registration of EEAs

Subdivision 1 -- Preliminary

97UX. Delegation by Registrar

Subdivision 2 -- Registration

97UY. Lodgment of EEA for registration
97UZ. EEA with new employee, effect of not lodging
97V. Recovery of money if s. 97UZ applies
97VA. Employment conditions of new employee if EEA not lodged
97VB. Registrar to be satisfied EEA is in order for registration
97VC. Registrar’s powers for s. 97VB
97VD. Registrar to notify parties of certain deficiencies in EEA
97VE. Parties may correct deficiencies in EEA
97VF. Registration of EEA
97VG. Refusal of registration of EEA
97VH. When refusal has effect
97VI. EEA for new employee refused registration, effect ceases
97VJ. Recovery of money if s. 97VI applies
97VK. Employment conditions of new employee if registration refused
97VL. Registrar to provide copy of registered EEA

Subdivision 3 -- Appeal against refusal of registration

97VM. Appeal against refusal of registration
97VN. Relevant industrial authority to notify parties of certain deficiencies in EEA
97VO. Parties may correct deficiencies in EEA
97VP. Determination of appeal
97VQ. Procedure on appeal

Division 6 -- No-disadvantage test

Subdivision 1 -- Definition

97VR. Terms used
97VS. No-disadvantage test defined
97VT. Determining which award etc. is relevant for s. 97VS
97VU. All entitlements to be considered
97VV. Application of test if Supported Wage System applies

Subdivision 2 -- Principles to be followed in application of no-disadvantage test

97VW. Term used: Commission
97VX. Commission to establish principles and guidelines
97VY. Registrar and Commission to give effect to s. 97VX instrument
97VZ. Minister or peak industry body may seek amendment etc. of s. 97VX instrument
97W. Public comment to be sought before s. 97VX instrument amended etc.
97WA. How public comment to be sought

Division 7 -- Register

97WB. Terms used
97WC. Register of EEAs
97WD. Inspection of register
97WE. Commission may exempt an EEA from inspection
97WF. Protected information not to be disclosed
97WG. Certified copies of EEAs

Division 8 -- Disputes

97WH. Terms used
97WI. Arbitration jurisdiction of relevant industrial authority
97WJ. Representation of parties
97WK. Alleged delay in dispute resolution, referral of to relevant industrial authority etc.
97WL. Several disputes may be subject of one arbitration
97WM. Arbitrator’s power to obtain information
97WN. Orders and determinations of arbitrators
97WO. Orders and determinations, form of etc.
97WP. Enforcing orders and determinations
97WQ. Industrial magistrate’s court not bound by arbitrator’s interpretation of EEA

Division 9 -- EEAs for persons with mental disabilities

Subdivision 1 -- Preliminary

97WR. Terms used
97WS. Guardianship and Administration Act 1990, relationship of this Division to
97WT. Registrar to notify Public Advocate of applications and orders for approval of representative
97WU. Public Advocate to notify Registrar of relevant guardianship orders

Subdivision 2 -- Approval of person to act on behalf of person with a mental disability

97WV. Application for approval
97WW. Requirements for s. 97WV application
97WX. Forms for s. 97WW to be prescribed
97WY. Who may be approved as a representative
97WZ. Approval of representative
97X. Effect of s. 97WZ order
97XA. Refusal of approval
97XB. Appeal against refusal of approval
97XC. Determination of appeal

Subdivision 3 -- Functions of representative

97XD. Functions
97XE. Effect of acts of representative
97XF. Duties of representative

Subdivision 4 -- Termination of representative’s authority to act

97XG. Duration of order approving representative
97XH. Resignation of representative
97XI. Revocation order, application to SAT for
97XJ. Right to be heard on s. 97XI application
97XK. SAT may make revocation order
97XL. Guardianship and Administration Act 1990, application of for s. 97XK

Subdivision 5 -- Approval of new representative

97XM. Application for new approval where representative dies or approval is revoked
97XN. Approval of representative
97XO. Effect of s. 97XN order
97XP. Refusal of approval
97XQ. Appeal against refusal of approval

Subdivision 6 -- Miscellaneous

97XR. Registrar’s powers for s. 97WV and 97XM
97XS. EEA not affected by revocation of order or vacancy in position of representative
97XT. Register of s. 97WZ and 97XN orders
97XU. Certified copies of registered entry
97XV. Information obtained under this Division not to be disclosed
97XW. Procedure in proceedings under this Division

Division 10 -- Certain conduct prohibited

97XX. Purpose of this Division
97XY. Enforcing prohibitions in this Division
97XZ. Making employment etc. conditional on EEA being entered into prohibited
97Y. Certain advertising prohibited
97YA. Exception to s. 97XZ and 97YB
97YB. Employer offering EEA to also offer other employment arrangements
97YC. Order for compliance with s. 97YB
97YD. Threats and intimidation as to EEA prohibited
97YE. Misinformation prohibited
97YF. Dismissal etc. because of refusal to make or cancel EEA prohibited
97YG. Breach of s. 97YF, court orders that may be made for
97YH. Burden of proof in s. 97YF proceedings

Division 11 -- General

97YI. Review of Div. 5, 6 and
97YJ. Regulations

PART VII -- Miscellaneous

98. Industrial inspectors, designation and functions of etc.
98A. Information obtained under s. 98 not to be disclosed
99A. Identity cards for industrial inspectors
99B. Production of identity card
99C. Staff for Department
99D. Designation of officers, generally
99. Wage rates in awards not affected by repeal of basic wage provisions
102. Obstruction etc. prohibited
102A. Institution of certain proceedings, powers of Registrar etc. for
103. Certain applications may relate to more than one breach
104. Prosecutions
105. Awards etc., evidence of
106. Official signatures and appointments, judicial notice of
107. No costs to be awarded against Registrar, deputy registrar or industrial inspector
108. Organisations and associations not affected by certain Imperial Acts
109. Dues payable to organisation or association may be sued for
110. Disputes between organisation or association and its members, how to be determined
111. No premiums etc. to be taken for employment
112. Certain rules of organisation as to penalties invalid
112A. Industrial agents, registration of
113. Regulations
114. Contracting out from awards etc. prohibited
115. Police officers, application of Act to (Sch. 3)
116. Transitional provisions for Industrial Relations Amendment Act 2018
117. Savings and transitional provisions for Industrial Relations Legislation Amendment Act 2021
SCHEDULE 1 -- Matters to be published in the “Western Australian Industrial Gazette”
SCHEDULE 3 -- Police officers
SCHEDULE 4 -- Registration requirements for EEAs
SCHEDULE 5 -- Powers to obtain information, and related provisions
SCHEDULE 6 -- Transitional provisions

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