Western Australian Numbered Acts Western Australian Numbered Acts Delete section 95
and insert:
95. Jurisdiction of Industrial Commission in
relation to section 94 decision
(1) In this
section —
section 94 decision means a decision made or
purported to be made under regulations referred to in section 94 (other
than a decision which is a lawful order by virtue of section 94(4)).
(2) A section 94
decision may be referred to the Industrial Commission —
(a)
under the Industrial Relations Act 1979 section 29(1)(a); or
(b) by
an employee aggrieved by the decision,
as if it were an
industrial matter that could be so referred under that Act.
(3) A referral under
subsection (2) must be made within the period after the making of the
decision that is prescribed under section 108.
(4) The
Industrial Relations Act 1979 applies to and in relation to a
section 94 decision referred under subsection (2) as if the decision
were an industrial matter referred to the Industrial Commission in accordance
with that Act.
(5) In exercising its
jurisdiction in relation to a decision referred under subsection (2), the
Industrial Commission must confine itself to determining whether or not
regulations referred to in section 94 have been fairly and properly
applied to or in relation to the employee concerned.
(6) The Industrial
Commission does not have jurisdiction in respect of a section 94 decision
if the employment of the employee concerned is terminated.
96A. Jurisdiction of Industrial Commission in
relation to section 95A decision
(1) A decision made or
purported to be made under regulations referred to in section 95A to
terminate the employment of an employee or any matter, question or dispute
relating to the decision is not an industrial matter for the purposes of the
Industrial Relations Act 1979 .
(2) Despite
subsection (1), a decision made or purported to be made under regulations
referred to in section 95A(2), other than a decision to terminate the
employment of an employee, may be referred to the Industrial
Commission —
(a)
under the Industrial Relations Act 1979 section 29(1)(a); or
(b) by
an employee or former employee aggrieved by the decision,
as if it were an
industrial matter that could be so referred under that Act.
(3) A referral under
subsection (2) must be made within the period after the making of the
decision that is prescribed under section 108.
(4) The
Industrial Relations Act 1979 applies to and in relation to a decision
referred under subsection (2) as if the decision were an industrial
matter referred to the Industrial Commission in accordance with that Act.
(5) In exercising its
jurisdiction in relation to a decision referred under subsection (2), the
Industrial Commission —
(a) must
confine itself to determining whether or not the employee concerned has been
allowed the benefits to which the employee is entitled under the regulations
referred to in section 95A(2)(b); and
(b) does
not have jurisdiction to exercise its powers under the
Industrial Relations Act 1979 section 23A.
(1) The Minister must
cause a review of the operation and effectiveness of this Part to be carried
out as soon as is practicable after the 4 th anniversary of the day on which
the Workforce Reform Act 2014 section 15 comes into operation.
(2) The Minister
must —
(a)
prepare a report based on the review; and
(b)
cause a copy of the report to be laid before each House of Parliament.