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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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