Western Australian Repealed Acts

This legislation has been repealed.

WORKPLACE AGREEMENTS ACT 1993 - SECT 101A

101A .         Registration of industrial agents

        (1)         In this section a reference to carrying on business as an industrial agent is a reference to carrying on business as a person who does all or any of the following —

            (a)         acts as a bargaining agent;

            (b)         acts as an agent under section 53;

            (c)         provides advice or other services in relation to workplace agreements,

                but does not include carrying on business by an organization, the Council, the Chamber or the Mines and Metals Association.

        (2)         Except as provided under this section a person who, not being an industrial agent registered under this section or a legal practitioner, in any way carries on business as an industrial agent, or holds himself out as carrying on business as an industrial agent, commits an offence.

        Penalty: $2 000.

        (3)         For the purposes of section 77A of the Legal Practitioners Act 1893 a person who is —

            (a)         registered under this section;

            (b)         acting under a contract of employment for a person who is registered under this section; or

            (c)         an employee or officer of any organization, the Council, the Chamber, the Mines and Metals Association, or a prescribed body or class of body, acting on behalf of that body,

                is authorised to —

            (d)         act as a bargaining agent;

            (e)         act as an agent under section 53; and

            (f)         provide advice and other services in relation to workplace agreements.

        (4)         A person shall not be registered under this section unless that person can demonstrate that that person has professional indemnity insurance, or has sufficient material resources, of a prescribed kind to provide professional indemnity.

        (5)         Regulations made by the Governor are to —

            (a)         provide for a scheme of registration of persons for the purposes of this section and the procedure for obtaining registration;

            (b)         prescribe a code of conduct for persons registered under this section;

            (c)         prescribe the circumstances in which, and the procedures by which, a person may be disqualified from obtaining registration, or registration may be cancelled;

            (d)         provide for appeals to the Full Bench within the meaning of the Industrial Relations Act 1979 from disqualification or cancellation of registration; and

            (e)         prescribe any matter or thing which is authorised or required to be prescribed for the purposes of this section.

        [Section 101A inserted by No. 79 of 1995 s. 18(4); amended by No. 20 of 2002 s. 71.]