Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT AND REPEAL

(INDUSTRIAL RELATIONS) ACT (No. 2) 1984.

(No. 94 of 1984.)

ARRANGEMENT.

Section

PART I—PRELIMINARY.

1. Short title.

2. Commencement.

PART U—INDUSTRIAL ARBITRATION ACT 1979.

3. Principal Act.

4. Section 1 amended.

5. Section 6 substituted.

6. Section 7 substItuted.

7. Heading to Part II amended.

8. Section 8 amended.

9. Sections 9 and 10 substituted.

10. Section 16 amended.

11. Section 17 amended.

12. Section 18 amended.

13. Section 22 amended.

14. Section 22A inserted.

15. Section 23 amended.

16. Section 25 substituted.

17. Section 26 amended.

Section

18. Section 27 amended.

19. Sections 29 and 30 substituted and sections 29A and 29B inserted.

20. Section 31 amended.

21. Section 32 substituted.

22. Section 33 amended.

23. Section 34 amended.

24. Section 35 amended.

25. Section 38 substituted

26. Sections 41, 42 and 43 substituted and section 41A repealed.

27. Section 44 amended.

28. Section 47 amended.

29. Section 48 amended.

30. Section 49 amended.

31. Section 49A repealed.

32. Section 50 amended.

33. Section 51A inserted.

34. Sections 53 and 54 substituted.

35. Section 55 amended.

36. Section 56 substituted and section 56A inserted.

37. Section 58 amended.

38. Section 62 amended.

39. Section 63 amended.

40. Section 66 amended.

41. Section 67 substituted.

42. Section 69 amended.

43. Section 72 substituted.

44. Section 73 amended.

45. Section 74 repealed.

46. Division 5 of Part II repealed.

47. Parts HA, 113 and 110 inserted:

(PART HA-CONSTITUENT AUTHORITIES.

Division 1-Government School Teachers Tribunal-Sections

73A-80B.

Division 2-Public Service Arbitrator and Appeal Boards-

Sections 80C-80L.

Division 3-Railways Classification Board-Sections 80M-80W.

Division 4-Promotions Appeal Boards-Sections 80X-80ZD.

PART IIB-ENQUIRIES-Section 80ZE.

PART HC-ARRANGEMENTS WITH OTHER INDUSTRIAL

AUTHORITIES-Sections 80Z17-80ZI.)

48. Heading to Part III amended.

49. Section 81 amended.

50. Section 82 substituted and section 82A inserted.

51. Section 83 amended.

52. Section 84A inserted.

53. Section 85 amended.

54. Section 90 amended.

Section

55. Heading to Part V amended.

56. Section 93 amended.

57. Section 95 substituted.

58. Part VI and sections 97 and 97A of the principal Act are repealed.

59. Section 101 repealed.

60. Sections 102A and 103 substituted.

61. Section 113 amended.

62. Section 114 amended.

63. Section 115A inserted.

64. Schedule 2 added.

65. Miscellaneous amendments as to offences and penalties.

66. Consequential amendments.

PART 171-EDUCATION ACT 1928.

67. Principal Act.

68. Section 3 amended.

69. Section 7 amended.

70. Section 7D amended.

71. Effect of Part VI not limited.

PART IV-PUBLIC SERVICE ACT 1978.

72. Principal Act.

73. Section 1 amended.

74. Section 3 amended.

75. Section 5 amended.

76. Heading to Division 1 of Part III deleted.

77. Section 25 amended.

78. Section 31 amended.

79. Section 32 amended.

80. Division 2 of Part III repealed.

81. Section 51 amended.

82. Effect of Part VI not limited.

PART V-REPEALS.

83. Repeal of Acts.

PART VI-SAVING AND TRANSITIONAL.

84. Interpretation of this Part.

85. Office holders; references to office holders and bodies.

86. Style and title of President.

87. Unions and organizations.

88. Awards, consent awards and industrial agreements.

89. Pending proceedings continued.

90. Jurisdiction in relation to existing matters.

91. Regulations, etc.

92. Interpretation Act 1984, ss. 16 and 36 to apply.

WESTERN AUSTRALIA.

ACTS AMENDMENT

AND REPEAL

(INDUSTRIAL RELATIONS)

(No. 2).

No. 94 of 1984.

AN ACT to amend the Industrial Arbitration Act 1979, the Education Act 1928 and the Public Service Act 1978 and to repeal the Government Employees (Promotions Appeal Board) Act 1945, the Government School Teachers Arbitration and Appeal Act 1979, the Public Service Arbitration Act 1966 and the Railways Classification Board Act 1920, and for related purposes.

[Assented to 11 December 1984.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amend-

Short title-

ment and Repeal (Industrial Relations) Act (No. 2)

No. 94.1 Acts Amendment and Repeal

[1984.

(Industrial Relations) (No. 2).

Commence-

ment.	2. (1) Subject to subsection (2) this Act shall come into operation on the day on which it is assented to by the Governor.
(2) The provisions of Parts II, III, IV and V shall come into operation on such day as is, or days as are respectively, fixed by proclamation.

PART II—INDUSTRIAL ARBITRATION ACT 1979.

Principal

Act.	3.	In this Part the Industrial Arbitration Act
Reprinted

as approved

1979 is referred to as the principal Act.

21 March

1983.

Section 1

amended.

Section 1 of the principal Act is amended by

deleting "Arbitration" and substituting the

following-

" Relations ".

Section 6

substituted.

5. Section 6 of the principal Act is repealed and the following section is substituted

Objects.

6. The principal objects of this Act are-

(a) to promote goodwill in industry;

(b)	to encourage, and provide means for, conciliation with a view to amicable agreement, thereby preventing and settling industrial disputes;
(c)	to provide means for preventing and settling industrial disputes not re- solved by amicable agreement, in- cluding threatened, impending and probable industrial disputes, with the maximum of expedition and the minimum of legal form and tech- nicality;

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Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(d)	to provide for the observance and enforcement of agreements and awards made for the prevention or settlement of industrial disputes;
(e)	to encourage the formation of representative organizations of employers and employees and their registration under this Act and to discourage, so far as practicable, overlapping of eligibility for mem- bership of such organizations;

(1) to encourage the democratic control of organizations so registered and the full participation by members of such an organization in the affairs of the organization; and

(g)

and authorities involved in, or per- forming functions with respect to, the conduct of industrial relations under the laws of the State to com- municate, consult and co-operate with persons, organizations and authorities involved in, or performing functions with respect to, the conduct or regulation of industrial relations under the laws of the Common- wealth. ".

to encourage persons, organizations

Section 7

6. Section 7 of the principal Act is repealed and the following section is substituted

substituted.

CC	Interpreta-

7. (1) In this Act, unless the contrary

tion.

intention appears

"alteration", in relation to rules of an organization, includes amendment, addition to, variation, rescission or substitution;

"apprentice" means an apprentice under the Industrial Training Act 1975;

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[1984.

(Industrial Relations) (No. 2).

"association" means an association that is

registered under Division 4 of Part II;

"Australian Commission" means the Australian Conciliation and Arbitra- tion Commission established by the Commonwealth Act;

"award" means an award made by the Commission under this Act;

"calling" means any trade, craft, occupa-

tion, or classification of an employee;

"canvasser" means any person wholly and solely employed in the writing of industrial insurance business or in the collection of premiums at not longer intervals than one month in respect of such insurance, or in both, but does not include a person who directly or indirectly carries on or is concerned in the carrying on or conduct of any other business or occupation in conjunction with that of industrial insurance;

"Chief Commissioner" includes an Acting Chief Commissioner;

"Commission" means the body continued and constituted under this Act under the name of The Western Australian Industrial Relations Commission;

"Commission in Court Session" means the Commission constituted as provided by section 15 (2) ;

"Commissioner" means a Commissioner appointed under this Act and includes the Chief Commissioner, the Senior Commissioner and an Acting Commissioner;

1984.]	Acts Amendment and Repeal [No. 94. (Industrial Relations) (No. 2).
"Commonwealth Act" means the Concili- ation and Arbitration Act 1904 of the Commonwealth;
"Confederation" means the body known as The Confederation of Western Australian Industry (Incorporated);
"constituent authority" means the Gov- ernment School Teachers Tribunal, the Public Service Arbitrator, a Public Service Appeal Board, the Railways Classification Board, or a Promotions Appeal Board, estab- lished or appointed under Part IIA;
"Council" means the body known as the Trades and Labor Council of Western Australia;
"Court" means the Western Australian Industrial Appeal Court continued and constituted under this Act;
"decision" includes award, order, declara- tion or finding;
"declaration" means a declaration made by the Commission under this Act;
"Deputy Registrar" means a Deputy Registrar appointed pursuant to this Act;
"employee" means

(a)

any person employed by an employer to do work for hire or reward including an apprentice or industrial trainee;

(b)

any person whose usual status

is that of an employee;

(c)

any person employed as a canvasser whose services are remunerated wholly or partly by commission or percentage reward; or

No. 94.] Acts Amendment and Repeal

[1984.

(Industrial Relations) (No. 2).

(d)	any person who is the lessee of any tools or other implements of production or of any vehicle used in the delivery of goods or who is the owner, whether wholly or partly, of any vehicle used in the transport of goods or passengers if he is in all other respects an employee,

but does not include

(e)	any person engaged in domestic service in a private home unless more than 6 boarders or lodgers are therein received for pay or reward;

"employer" includes

(a)

persons, firms, companies and

corporations; and

(b)

the Crown and any Minister of the Crown, or any public authority,

employing one or more employees;

"final offer arbitration" means arbitra- tion in which an issue is decided by the Commission by awarding, with- out qualification or amendment, that one of the final proposals made by the parties concerned which, viewed in its entirety is, in the opinion of the Commission, the more or the most reasonable, as the case may be;

"finding" means a decision, determina- tion or ruling made in the course of proceedings that does not finally decide, determine or dispose of the matter to which the proceedings relate;

"Full Bench" means the Commission con- stituted as provided by section 15 (1);

1984.]	Acts Amendment and Repeal [No. 94. (Industrial Relations) (No. 2).
"industrial action" means any act, omis- sion, or circumstance done, effected, or brought about by an organization or employer or employee or by any other person for the purpose, or in the opinion of the Commission for the purpose, of compelling an em- ployer or an employee or an organ- ization to accept any terms or conditions of employment or to enforce compliance with any demand relating to employment not includ- ing an application made under this Act;
"industrial agreement" means an agree- ment registered by the Commission under this Act as an industrial agreement;
"Industrial Gazette" means the Western Australian Industrial Gazette pub-

lished pursuant to this Act;

"Industrial Inspector" means an Indus- trial Inspector appointed pursuant to this Act;

"industrial matter", other than in relation to a person who is a teacher as defined in section 73A and is employed under the Education Act 1928, means, subject to subsection (2), any matter affecting or relating to the work, privileges, rights, or duties of employers or employees in any industry or of any employer or employee therein and, without limit- ing the generality of that meaning, includes any matter relating to

(a) the wages, salaries, allowances, or other remuneration of employees or the prices to be paid in respect of their employment;

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[1984.

(Industrial Relations) (No. 2).

(b)	the hours of employment, leave of absence, sex, age, qualification, or status of employees and the mode, terms, and conditions of employment including condi- tions which are to take effect after the termination of employment;
(c)	the employment of children or young persons, or of any person or class of persons, in any industry, or the dismissal of or refusal to employ any person or class of persons therein;
(d)	any established custom or usage of any industry, either generally or in the particular locality affected;
(e)	the privileges, rights, or duties of any organization or associa- tion or any officer or member thereof in or in respect of any industry;
(f)	in respect of apprentices or industrial trainees-

(i) their wage rates; and

(ii) subject to the Indus- trial Training Act 1975-

(I) their other condi- tions of employ- ment; and

(II) the rights, duties, and liabilities of the parties to any agreement of apprenticeship or industrial train- ing agreement;

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Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(g)

the restoration of a practice of collecting subscriptions to an organization of employees where that practice has been ceased by an employer or the implementation of an agree- ment between an organization of employees and an employer under which the employer agrees to collect subscriptions to the organization;

(h)

membership or non-member-

ship of an organization;

(i) any matter, whether falling within the preceding part of this interpretation or not, where-

(i) an organization of employees and an employer agree that it is desirable for the matter to be dealt with as if it were an indus- trial matter; and

(ii) the Commission is of the opinion that the objects of this Act would be furthered if the matter were dealt with as an industrial matter;

"industrial matter", in relation to a person who is a teacher as defined in section 73A and is employed under the Education Act 1928, means

(a)	salaries or ranges of salaries, including the incremental steps therein;

No. 94.] Acts Amendment and Repeal

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(Industrial Relations) (No. 2).

(b)	allowances for additional responsibility or additional duty;
(c)	allowances for disabilities and reimbursement of expenses;
(d)	circumstances in which allow- ances are to be payable and conditions of service to apply in lieu of payment of an allowance;
(e)	any matter relating to mem- bership or non-membership of an organization;
(f)	any matter relating to the privileges, rights, or duties of any organization or associa- tion or any officer or member thereof in or in respect of any industry;
(g)	any matter relating to the restoration of a practice of collecting subscriptions to an organization of employees where that practice has been ceased by an employer, or the implementation of an agree- ment between an organization of employees and an employer under which the employer agrees to collect subscriptions to the organization,

but does not include any matter regulated under conditions of employment prescribed by or under the Education Act 1928 unless an organization of employees and an employer agree that it is desirable for the matter to be dealt with as if it were an industrial matter and the

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

Commission constituted by the Government School Teachers Tribunal established under Division 1 of Part IIA is of the opinion that the objects of this Act would be furthered if the matter were dealt with as if it were an industrial matter;

"industrial trainee" means an industrial trainee under the Industrial Train- ing Act 1975;

"industry" includes each of the

following

(a)	any business, trade, manufac- ture, undertaking, or calling of employers;
(b)	the exercise and performance of the functions, powers, and duties of the Crown and any Minister of the Crown, or any public authority;
(c)	any calling, service, employ- ment, handicraft, or occupa- tion or vocation of employees,

whether or not, apart from this Act, it is, or is considered to be, industry or of an industrial nature, and also includes

(d)	a branch of an industry or a group of industries;

"irregularity", in relation to an election for an office, includes a breach of the rules of an organization, and any act, omission, or other means by which the full and free recording of votes, by persons entitled to record votes,

No. 941 Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

and by no other persons, or a correct ascertainment or declaration of the results of the voting is, or is attempted to be, prevented or hindered;

"Judge" means a Judge of the Supreme

Court;

"legal practitioner" means a person who is, or is deemed to be, a certificated practitioner under and for the purposes of the Legal Practitioners Act 1893;

"member of the Commission" means the President or a Commissioner and includes the President or a Commis- sioner when he is performing the functions of a constituent authority, or of a member of a constituent authority, but does not include any other member or acting member of a constituent authority;

"Mines and Metals Association" means the body known as the Australian Mines and Metals Association (Incorporated);

"office" in relation to an organization

means

(a)	the office of a member of the committee of management of the organization;
(b)	the office of president, vice president, secretary, assistant secretary, or other executive office by whatever name called of the organization;
(c)	the office of a person holding, whether as trustee or other- wise, property of the organiza-

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

tion, or property in which the organization has any beneficial interest;

(d)	an office within the organiza- tion for the filling of which an election is conducted within the organization; and
(e)	any other office, all or any of the functions of which are declared by the Full Bench pursuant to section 68 to be those of an office in the organization,

but does not include the office of any person who is an employee of the organization and who does not have a vote on the committee of manage- ment of the organization;

"officer" means a person who carries out, or whose duty is or includes the carrying out of, the whole or part of the functions of an office in an organization;

"organization" means an organization that is registered under Division 4 of Part II;

"post-secondary education institution" means an institution or part of an institution established or continued by or under the University of Western Australia Act 1911, the Western Australian Institute of Technology Act 1966, the Murdoch University Act 1973, the Western Australian College of Advanced Education Act 1984 or the Colleges Act 1978;

"President" means the President of the Commission and includes an Acting President;

No. 94.] Acts Amendment and Repeal

[1984.

(Industrial Relations) (No. 2).

"Presiding Judge" means the Presiding Judge of the Court;

"principal executive officer" in relation to an organization or association means the president or chairman of that organization or association;

"public authority" means the Governor in Executive Council, any Minister of the Crown in right of the State, State Government department, State trading concern, State instrument- ality, State agency, or any public statutory body, corporate or unin- corporate, established under a written law but does not include The Rural and Industries Bank of Western Australia established by the Rural and Industries Bank Act 1944 or a municipality or regional council constituted under the Local Government Act 1960;

"public hospital" means a public hospital

as defined in the Hospitals Act 1927;

"public servant" means a person who is an officer within the meaning of the Public Service Act 1978;

"Registrar" means the Registrar appointed pursuant to this Act;

"registration", in relation to an organiza- tion, means registration under Division 4 of Part II by authority of the Full Bench;

"repealed Act" means the Act repealed by

section 4;

"Senior Commissioner" includes an Acting Senior Commissioner;

1984.]

Ads Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

"vary" in relation to an award or indus- trial agreement means to add a new provision or to add to, alter, amend or rescind an existing provision.

(2) A matter relating to the quantum of hours of employment or leave of absence of public servants is not an industrial matter for the purposes of this Act. ".

7. Part II of the principal Act is amended in the grar to

heading by inserting after "INDUSTRIAL" the amended.

following-

" RELATIONS ".

8.Section 8 of the principal Act is amended— 2=au (a) in subsection (1)-

(i) by deleting ", under that name,"; and

(ii) by inserting after "this Act" the following-

" under the name The Western Australian Industrial Relations Commission "; and

(b)	in subsection (2) by deleting from para- graph (b) "Industrial".

9. Sections 9 and 10 of the principal Act are SeTiloons 9

repealed and the following sections are substituted— titibstituted.

9. (1) A person shall not be appointed as =lig:-

the President unless he is or has been a ylteartt

barrister or solicitor of the High Court vr Chief

and

of Australia or of the Supreme Court of a stoner.

State or Territory of the Commonwealth of not less than 5 years' standing.

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(2) A person shall not be appointed Chief Commissioner unless

(a)	he has had experience at a high level in industrial relations; or
(b)	he has, not less than 5 years previously, obtained a degree of a university or an educational qualifi- cation of similar standard after studies considered by the Governor to have substantial relevance to the duties of the Chief Commissioner.

Age limit

for members	10. A person who has attained the age of 65 years is ineligible for appointment as a member of the Commission and each member of the Commission shall retire from his office upon attaining the age of 65 years. ".
of
Commission.
Section 16

amended.

10. Section 16 of the principal Act is amended

(a)	by repealing subsection (1) and substitut- ing the following subsections

et (1) Subject to this Act, the Chief

Commissioner may allocate and reallocate the work of the Commission, including the work of constituent authorities, and may assign or appoint Commissioners for the purposes of constituting the Full Bench, the Commission in Court Session, or a constituent authority.

(la) The Chief Commissioner may assign a Commissioner to sit or act alone as the Commission or to sit or act as a member of the Full Bench or the Commission in Court Session not- withstanding that that Commissioner is for the time being appointed as or to a constituent authority. "; and

(b)	in subsection (2) by deleting paragraph (a!

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

11. Section 17 of the principal Act is amended by g.,;Vilt,11.

repealing subsections (1), (2) and (3) and sub-

stituting the following subsections-

(1) Where a member of the Commission is, or is expected to be, unable to attend to his duties under this Act, whether on account of illness or otherwise, the Governor may appoint a person to be Acting President, Acting Chief Commissioner, Acting Senior Commissioner or an Acting Commissioner, as the case may require, for such period as the Governor determines.

(2) A person shall not be appointed Acting President or Acting Chief Commissioner unless he holds the relevant qualifications prescribed in section 9. ".

Section 18

12. Section 18 of the principal Act is amended in subsection (1)-

amended.

(a)	by inserting after "Notwithstanding" the following-

" the retirement of a member of the Commission or ";

by deleting "a member or" and substituting

the following-

" an "; and

by inserting after "before" the following-

" the retirement or ".

13. Section 22 of the principal Act is amended— gggiodneri.2

(a)	by inserting after the section designation "22." the subsection designation "(1)";
(b)	by deleting ", and subject to sections 10 and 21"; and

No. 94.] Acts Amendment and Repeal

[1984.

(Industrial Relations) (No. 2).

(2) The office of a member of the Commission shall become vacant if

(a)	he is removed from the office pursuant to subsection (1); or
(b)	he retires pursuant to section 10 or resigns pursuant to sec- tion 21. ".

14. following section is inserted

Before section 23 of the principal Act the

Section 22A

inserted.	22A. In this Division
Interpreta-

tion.	"Commission" means the Commission constituted otherwise than as a constituent authority;
"industrial matter" does not include a matter in respect of which, subject to Division 3 of this Part, a constituent authority has exclusive jurisdiction under this Act. ".
Section 23

amended.

15.

Section 23 of the principal Act is amended

(a)	by repealing subsection (1) and substitut- ing the following subsection

'C (1) Subject to this Act, the Commis-

sion has cognizance of and authority to enquire into and deal with any indus- trial matter except any matter provided for in paragraph (a):

" (a) the suspension from duty in, discipline in, dismissal from, termination of, or reinstate- ment in, employment of any person as-

(i) an officer or employee in either House of Parliament

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(I) under the sepa- rate control of the President or Speaker or under their joint con- trol;

(II) employed by a Committee ap- pointed pursuant to the Joint Standing Rules and Orders of the Legislative Coun- cil and the Leg- islative Assem- bly; or

(III) employed by the

Crown; or

(ii) an officer or employee on the Governor's Establishment; "

and

(b) by repealing subsection (3) and substitut- ing the following subsection

'C (3) The Commission in the exercise

of the jurisdiction conferred on it by

this Part shall not

(a)	prohibit the employment of employees on any day of the week or restrict in any other way the number of days or hours in the week during which any operation may be carried on in any industry or by any employer but nothing in this paragraph-

(i) prevents the registra- tion with the Commis- sion of any industrial

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

agreement that contains or provides for any such prohibition or restric- tion; or

(ii) prevents the Commis- sion from fixing the rates for overtime, work on holidays, shift work, week-end work, and other special work, including allowances as compensation for over- time or any such work;

(b)	regulate the rates of salary or wages, or the conditions of employment of any person who holds an office for which the remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975;
(c)	make an award or order empowering a representative of an organization to enter any part of an employer's premises the principal use of which is for habitation by the employer and his household;
(d)	regulate the suspension from duty in, discipline in, dismissal from, termination of, or rein- statement in, employment of any employee or any one of a class of employees if there is provision, however expressed, by or under any other Act for or in relation to a matter of that kind and there is provi- sion, however expressed, by or under that other Act for an appeal in a matter of that kind;

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(e) provide for

(i) compulsion to join an organization to obtain or hold employment; or

(ii) non-employment by reason of being or not being a member of an organization;

(f) provide for preference of employment at the time of, or during, employment by reason of being or not being a member of an organization; or

limit the working hours of

(g)	employees engaged in the agricultural and pastoral industry but nothing in this paragraph prevents the regis- tration with the Commission of any industrial agreement that contains or provides for any such limitation. ".

Section 25

16. Section 25 of the principal Act is repealed and the following section is substituted-	substituted.
Allocation of

25. (1) In allocating the work of the

industrial

Commission under this Division the Chief	matters.
Commissioner may

(a)	allocate matters to a Commissioner;
(b)	allocate matters directly to the Com- mission in Court Session; and
(c)	notwithstanding that he has allocated a matter to a Commis- sioner, revoke that allocation and allocate the matter to another Commissioner or directly to the Commission in Court Session.

(2) Nothing in subsection (1) affects the operation of Part IIC. ".

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Section 26

amended.

17.

Section 26 of the principal Act is amended

in subsection (1) by inserting in paragraph (d)

after "consideration" the following-

" to the extent that it is relevant ".

Section 27

amended.

18.

Section 27 of the principal Act is amended

in subsection (1)-

(a)	in paragraph (e) by inserting after "any" the following-

" time and "; and

(b)	in paragraph (q) by inserting before "document" the following-

" record, ".

Sections 29

and 30	19. Sections 29 and 30 of the principal Act are
substituted

and sections

repealed and the following sections are substituted

29A and

29B inserted.

By whom

matters may

29. An industrial matter may be referred

be referred.

to the Commission

(a) in any case, by-

(i) an employer with a sufficient interest in the industrial matter;

(ii) an organization in which persons to whom the industrial matter relates are eligible to be enrolled as members or an association that represents such an organization; or

(iii) the Minister;

and

(b)	in the case of a claim by an employee-

(i) that he has been unfairly dismissed from his employ- ment; or

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(ii) that he has not been allowed by his employer a benefit, not being a benefit under an award or order, to which he is entitled under his contract of service,

by the employee.

29A. (1) Where an industrial matter has been referred to the Commission pursuant to	Service of
claims and
applications.
section 29, the claimant or applicant shall specify the nature of the relief sought.
(2) Where the reference of an industrial matter to the Commission seeks the issuance of an award, or the variation of the area of operation or the scope of an award, or the registration of an industrial agreement, the Commission shall not hear the claim or application until those parts of the proposed award, variation or industrial agreement that relate to area of operation or scope have been published in the Industrial Gazette and a copy of the claim or application has been served

(a)	in the case of a proposed award or variation of an award, on-

(i) the Council, the Confedera- tion, the Mines and Metals Association and the Minister;

and

(ii) such organizations, associa- tions and employers as the Commission may direct being, in the case of employers, such employers as constitute, in the opinion of the Commission, a sufficient number of employers who are reasonably representative of the em- ployers who would be bound by the proposed award or the award as proposed to be varied, as the case may be;

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(b)	in the case of the proposed registra- tion of an industrial agreement, on the Council, the Confederation, the Mines and Metals Association and the Minister.

Unless otherwise directed by the Com- mission, where the reference of an industrial matter to the Commission seeks the variation of an award, other than a variation of the kind mentioned in subsection (1), the Com- mission shall not hear the claim or applica- tion until the named parties to the award have been served with a copy of the claim.

(3)

(4) Where the reference of an industrial matter to the Commission seeks the issuance or variation of an order or declaration, other than of a kind referred to in subsection (2) or (3) the Commission shall not hear the claim or application until the persons sought to be bound by the decision in the proceedings have been served with a copy of the claim or application.

Parties to

proceedings.

29B. Subject to section 27 (1) (j) the parties to proceedings before the Commission shall be

(a)	the claimant or applicant by whom or which the proceedings were initiated; and
(b)	the other persons, bodies, organiza- tions or associations upon whom or which a copy of the claim or applica- tion is served.

Intervention

of Crown.

30. (1) The Minister may, by giving the Registrar notice in writing of his intention to do so, and by leave of the Commission, intervene on behalf of the State in any proceedings before the Commission in which the State has an interest.

(2) The Minister of the Commonwealth

administering the Department of the

Commonwealth that has the administration

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

of the Commonwealth Act may by giving the Registrar notice in writing of his intention to do so, and by leave of the Commission, intervene on behalf of the Commonwealth in any proceedings before the Commission in which the Commonwealth has an interest. ".

20. Section 31 of the principal Act is amended— 2ggiodner.

(a)	by repealing subsection (1) and substitut- ing the following subsection

(1) Any party to proceedings before the Commission, and any other person or body permitted by or under this Act to intervene or be heard in proceedings before the Commission, may appear

(a) in person;

(b) by an agent; or

(i) that party, person or body, or any of the other parties, persons or bodies permitted to intervene or be heard, is the Council, the Confederation, the Mines and Metals Asso- ciation, the Minister or the Minister of the Commonwealth admin- istering the Department of the Commonwealth that has the administra- tion of the Common- wealth Act; or

(ii) the proceedings are in respect of a claim referred to the Commis- sion under section 29 (b) or involve the hearing and determina- tion of an application under section 44 (7) (a) (iii); or

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(iii) all parties to the pro- ceedings expressly consent to legal practi- tioners appearing and being heard in the proceedings; or

(iv) the Commission, under subsection (4), allows legal practitioners to appear and be heard in the proceedings,

by a legal practitioner. ";

and

(b)	by repealing subsection (4) and substitut- ing the following subsection

(4) Where a question of law is raised or argued or is likely in the opinion of the Commission to be raised or argued in proceedings before the Commission, the Commission may allow legal practitioners to appear and be heard. ".

:ateriured.

21. Section 32 of the principal Act is repealed and

the following section is substituted-

Reference of

industrial	32. (1) Where an industrial matter has been referred to the Commission the Com- mission shall, unless it is satisfied that the resolution of the matter would not be assisted by so doing, endeavour to resolve the matter by conciliation.
matters for
conciliation.
(2) In endeavouring to resolve an industrial matter by conciliation the Commission shall do all such things as appear to it to be right and proper to assist the parties to reach an agreement on terms for the resolution of the matter.

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(3) Without limiting the generality of subsection (2) the Commission may, for the purposes of that subsection

(a)	arrange conferences of the parties or their representatives presided over by the Commission;
(b)	arrange for the parties or their representatives to confer among themselves at a conference at which the Commission is not present;

(i) prevent the deterioration of industrial relations in respect of the matter until conciliation or arbitration has resolved the matter;

(ii) enable conciliation or arbitra- tion to resolve the matter; or

(iii) encourage the parties to exchange or divulge attitudes or information which in the opinion of the Commission would assist in the resolution of the matter;

(d)	give any direction or make any order or declaration which the Commission is otherwise authorized to give or make under this Act.

(4) The Commission shall

(a) if it gives or makes a direction, order or declaration orally under subsec- tion (3), reduce the direction, order or declaration to writing as soon as is practicable thereafter;

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(b)	preface each direction, order or declaration given or made by it under subsection (3)-

(i) if so given or made in writing, at the time of that giving or making; or

(ii) if so given or made orally, at the time of the reduction of that direction, order or declaration to writing,

with a preamble in writing setting out the circumstances which led to the giving or making of that direc- tion, order or declaration; and

(c) make the text of each direction, order or declaration given or made by it under subsection (3) and of the preamble thereto available to the parties as soon as is practicable after that giving or making.

(5) Only the Registrar or a Deputy Registrar at the direction of the Commission may make an application under section 84A for the enforcement of a direction, order or declaration given or made under this section.

(6) Where the Commission does not endeavour to resolve a matter by conciliation or, having endeavoured to do so

(a)	is satisfied that further resort to conciliation would be unavailing; or
(b)	is requested by all the parties to the proceedings to decide the matter by arbitration,

the Commission may decide the matter by

arbitration.

(7) Where a matter is decided by arbitration the Commission shall endeavour to ensure that the matter is resolved on terms that could reasonably have been agreed between the parties in the first instance or by conciliation. ".

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

Section 33

22.

Section 33 of the principal Act is amended in subsection (1) by deleting from paragraph (b) "according to the prescribed scale" and substituting the following-

amended.

" as determined by the Commission ".

Section 34

23.

subsection (4) by inserting after "declaration," the

following-

Section 34 of the principal Act is amended in

amended.

" finding, ".

Section 35

24.

subsection (1) by inserting after "except" the fol-

lowing

Section 35 of the principal Act is amended in

amended.

" a direction, order or declaration under section

32 or ".

25. the following section is substituted—

Section 38 of the principal Act is repealed and gartoitlit,a.

38. (1) The parties to proceedings before Named

the Commission in which an award is made, other than the Council, the Confederation, the Mines and Metals Association and the Minister, shall be listed in the award as the named parties to the award.

(2) At any time after an award has been made the Commission may, by order made on the application of

(a)	any employer who, in the opinion of the Commission, has a sufficient interest in the matter;
(b)	any organization which is registered in respect of any calling mentioned in the award or in respect of any in- dustry to which the award applies;

(c)	any association on which any such organization is represented,

add as a named party to the award any em-

ployer, organization or association.

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(3) Where an employer who is added as a named party to an award under subsection (2) is engaged in an industry to which the award did not previously apply, the variation to the scope of that award by virtue of that addition shall for the purposes of section 37(1) be ex- pressly limited to that employer. ".

Sections

41,

42 and 43	26. Sections 41, 41A, 42 and 43 of the principal
substituted

41A repealed. stituted-

and section Act are repealed and the following sections are sub-

Industrial

agreements.

41. (1) An agreement with respect to any industrial matter or for the prevention or resolution under this Act of disputes, dis- agreements, or questions relating thereto may be made between an organization or associa- tion of employees and any employer or organ- ization or association of employers.

(2) Subject to subsection (3), where the parties to an agreement referred to in sub- section (1) apply to the Commission for regis- tration of the agreement as an industrial agreement the Commission shall, if and to the extent that the terms of the agreement are not contrary to this Act or any General Order made under section 51, or any principles formulated in the course of proceedings in which a General Order is made under section 51, register the agreement as an industrial agreement.

(3) Before registering an industrial agree- ment the Commission may require the parties thereto to effect such variation as the Com- mission considers necessary or desirable

(a)	for the purpose of giving clear ex- pression to the true intention of the parties; or
(b)	to remove any inconsistency with an award that is in force in relation to any employer or employee bound by the industrial agreement.

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(4) An industrial agreement extends to and

binds

(a) all employees who are employed-

(i) in any calling mentioned in the industrial agreement in the industry or industries to which the industrial agree- ment applies; and

(ii) by an employer who is

(I)

a party to the industrial

agreement; or

(II)

a member of an organiz- ation of employers that is a party to the indus- trial agreement or that is a member of an assoc- iation of employers that is a party to the indus- trial agreement;

and

(b)	all employers referred to in subpara- graph (ii) of paragraph (a),

and no other employee or employer, and its scope shall be expressly so limited in the industrial agreement.

(5) An industrial agreement shall oper-

ate

(a)	in the area specified therein; and

(b) for the term specified therein.

(6) Notwithstanding the expiry of the term of an industrial agreement, it shall, subject to this Act, continue in force in respect of all parties thereto, except those who retire there- from, until a new agreement or an award in substitution for the first-mentioned agree- ment has been made.

(7) At any time after, or not more than 30

days before, the expiry of an industrial agree-

ment any party thereto may file in the office

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

of the Registrar a notice in the prescribed form signifying his intention to retire there- from at the expiration of 30 days from the date of such filing, and such party shall on the expiration of that period cease to be a party to the agreement.

Parties

may be	42. (1) Whilst an industrial agreement is in force any organization, association or em- ployer may (with the consent of the original parties to the agreement or their respective representatives) become a party thereto by filing with the Commission a notice in the prescribed form, signifying concurrence with such agreement.
added to
agreement.
(2) Where an organization satisfies the Congnission-

(a)	that there is in force an industrial agreement-

(i) to which the organization is not a party; and

(ii) which governs any terms and conditions of employment of employees employed in the same, or any part of the same, area of operation or industry or calling as that in respect of which that organization is registered;

and

(b)	that among the employees whose terms and conditions of employment are governed by that industrial agreement are some of its members,

the Commission may, on application being made by that organization, order that that organization become a party to that industrial agreement and thereupon for the purposes of this Act that organization shall be a party to that industrial agreement and shall be deemed to have concurred therein.

1934.1

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(3) Where an employer satisfies the Com- mission that there is in force an industrial agreement

(a)	to which the employer is not a party; and
(b)	which governs any terms and con- ditions of employees employed in the same, or any part of the same, area of operation or industry as that in which the employer is engaged,

the Commission may, on application being made by that employer, order that that employer become a party to that industrial agreement and thereupon for the purposes of this Act that employer shall be a party to that industrial agreement and shall be deemed to have concurred therein.

Power to

43. (1) An industrial agreement may be

vary, renew

or cancel

varied, renewed, or cancelled by a subsequent	industrial
agreement made by and between all the	agreements.
parties thereto and in so far as the agreement relates to an employer, organization or assoc- iation of employers, on the one hand, and to an organization or association of employees, on the other hand, it may be varied, renewed or cancelled by a subsequent agreement between that employer, organization or association of employers and that organiza- tion or association of employees.
(2) On the application of any party to an industrial agreement the Commission may, by order, vary the industrial agreement at any time while the agreement is in force if and to the extent that the terms of the variation are not contrary to this Act, or any General Order made under section 51 or any principles

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

formulated in the course of proceedings in which a General Order is made under section 51, and if

(a) in the opinion of the Commission-

(i) circumstances have arisen since the making of the agree- ment that at the time the agreement was made could not reasonably have been foreseen by the parties to the agree- ment; and

(ii) those circumstances render the provisions of the agree- ment, or any of them, no longer just; or

(b)	all the parties to the agreement agree that the agreement be so varied by the Commission,

and the agreement shall be varied accord-

ingly. ".

Section 44

amended.

27. Section 44 of the principal Act is amended

(a) in subsection (7) by deleting from subpara- graph (ii) of paragraph (a) "Attorney General" and substituting the following-

" Minister ";

(b) in subsection (8)-

(i) by deleting paragraphs (b) and (c); and

(ii) in paragraph (d) by deleting "any of the foregoing courses of action be followed" and substituting the fol- lowing

" an order in terms of the agree-

ment be made ";

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(9) Where at the conclusion of a conference held in accordance with this section any question, dispute, or dis- agreement in relation to an industrial matter has not been settled by agree- ment between all of the parties, the Commission may hear and determine that question, dispute, or disagreement and may make an order binding only the parties in relation to whom the matter has not been so settled. "; and

(d)	by inserting after subsection (12) the fol- lowing subsections

44 (12a) Where, at the conclusion of a

conference held in accordance with this section, any question, dispute, or disagreement in relation to an indus- trial matter has not been settled by agreement between all of the parties, and the parties in relation to whom the matter has not been so settled all consent in writing to the Commissioner who presided over the conference con- clusively determining that question, dispute or disagreement, that Commis- sioner may hear and determine that question, dispute, or disagreement and make an order binding on the parties who so consented.

(12b) Nothing in subsection (12a) authorizes the Commissioner to use final offer arbitration without the express consent, in writing, of all of the parties concerned.

(12c) Notwithstanding section 49 no appeal shall lie from an order made under subsection (12a). ".

Section 42

28. Section 47 of the principal Act is amended

amended.

(a)	in subsection (1) by inserting after "award", in both places where it occurs, the following-

" or industrial agreement ";

No. 94.] Acts Amendment and Repeal

[1984.

(Industrial Relations) (No. 2).

(b)	in subsection (2) by inserting after "party", where it last occurs, the following-

" as a named party ";

( c)	by inserting after subsection (2) the follow- (2a) Subject to subsections (3), (4) and (5), where the Commission is of the opinion that a party to an indus- trial agreement is no longer carrying on business as an employer referred to in section 41(4) (a) (ii) in relation to the agreement or is, for any other reason, not bound by the agreement, the Commission may on its own motion, by order, strike out that party to the agreement. ";	ing subsection-
(d)	in subsection (3) by deleting "or (2)" and substituting the following-

, (2) or (2a) "; and

(e)	by repealing subsection (5) and substitut- ing the following subsection

CC (5) If the Commission does not

uphold an objection to the making of the order referred to in the notice the Commission may make the order and shall, as soon as practicable thereafter, direct the Registrar to serve a copy of the order

(a)	where the order relates to an award, on each organization of employees that is a named party to the award, on such other persons as are bound by the award as the Commission thinks fit, and on the Council, the Confederation and the Association;
(b)	where the order relates to an industrial agreement, on each party to the agreement. ".

1984.1

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

ion 48

29. Section 48 of the principal Act is amended— amended.

ended.

(a)

by repealing subsections (3), (4), (13) and (14); and

(b)

in subsection (11) by deleting "subsections

(12), (13) and (14)" and substituting the

following-

" subsection (12) ".

30. Section 49 of the principal Act is amended— =ger

(a)

in subsection (1) by deleting "subsection

(13) of section 48" and substituting the

following-

" section 80ZE ";

(b) by inserting after subsection (2) the follow- ing subsection-

. (2a) An appeal does not lie under this section from a finding unless, in the opinion of the Full Bench, the matter is of such importance that, in the public interest, an appeal should lie. ";

(i) by inserting after paragraph (a) the following-

" or ";

(ii) by deleting "; or" at the end of para- graph (b) and substituting a full stop; and

(iii) by deleting paragraph (c);

and

(d)	by inserting after subsection (10) the following subsections-

(11) At any time after an appeal to the Full Bench has been instituted under this section a person who has a sufficient interest may apply to the

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Commission for an order that the opera- tion of the decision appealed against be stayed, wholly or in part, pending the hearing and determination of the appeal.

(12) An application under subsec- tion (11) shall be heard and determined by the President. ".

Election 49A

repealed.	31.	Section 49A of the principal Act is repealed.
Section 50
emended.	32.	Section 50 of the principal Act is amended

(a)	in subsection (2) by deleting "Attorney General, or the Public Service Board" and substituting the following

Mines and Metals Association or the

Minister ";

(b)	in subsection (5) by deleting from para- graph (e) "and the Attorney General" and substituting the following

the Mines and Metals Association and

the Minister ";

(c)	by repealing subsections (7) and (8) and substituting the following subsection

t< (7) A General Order shall not be

made in respect of preference of employment at the time of, or during, employment by reason of being or not being a member of an organization. ";

and

(d)	in subsection (10) by deleting "Public Service Board, the Attorney General" and substituting the following-

" Mines and Metals Association, the Minister ".

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

33. After section 51 of the principal Act thet5.1A

following section is inserted

51A. (1) Subject to this Act, the Commis- =Vista

sion may in respect of a public authority and 131Ittal,3e,r"

its employees, on application by the Minister,

the Council or an organization with sufficient

interest in the matter

(a)	make a General Order or General Orders with respect to one or more of the following-

(i)	suspension from duty in employment;

(ii) discipline in employment;

(iii)

dismissal from employment;

and

(iv) termination of employment,

and with respect to any matter

related thereto;

and

(b)	add to, vary or rescind any General Order so made.

(2) A General Order referred to in subsec- tion (1) may be made so as to apply to

(a)	public authorities and their employees generally;
(b)	a specified public authority or specified public authorities and its or their employees;
(c)	public authorities and t h e i r employees bound by a specified award or specified awards;
(d)	a specified class of employees employed in a public authority or public authorities.

No. 94.] Acts Amendment and Repeal

[1984.

(Industrial Relations) (No. 2).

(3) In subsection (2) "specified" means specified in the General Order.

(4) A General Order in relation to a matter referred to in subsection (1) (a) shall not be made so as to apply to

(a)	any employee whose conditions of employment may not be determined by the Commission;

(b) any employee in relation to whom-

(i) there is provision, however expressed, by or under any other Act for or in relation to that matter; and

(ii) there is provision by or under that other Act for an appeal in that matter; or

(c)	any member of the academic staff of a post-secondary education institu- tion.

(5) A General Order referred to in sub- section (1) shall not be made under subsec- tion (2) (c) so as to apply to any employee covered by an award where an organization that is a party to that award does not consent to the General Order being so made. ".

Sections 53

and 54

34. Sections 53 and 54 of the principal Act are

substituted.

repealed and the following sections are substituted-

Qualifica-

l e

tions for	53. (1) Subject to this Act, any unregi-
and basis of

registration	stered organization consisting of not less than
of organiza-
tions of	200 employees associated for the purpose of
employees.

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

protecting or furthering the interests of employees may be registered by authority of the Full Bench.

(2) Subject to this Act, an unregistered organization consisting of less than 200 employees may be registered by authority of the Full Bench if the Full Bench is satisfied that there is good reason, consistent with the objects prescribed in section 6, to permit registration.

54. (1) Subject to this Act, an un- Liget-

registered organization consisting of 2 or more =ion employers who— elot3norgoara-

(a)	the 6 months immediately preceding the date of application for registra- tion employed on an average, taken

have, in the aggregate throughout employers. employees; and

(b)	are associated for the purpose of protecting or furthering the interests of those employers,

may be registered by authority of the Full

Bench.

(2) Subject to this Act an unregistered organization that does not comply with sub- section (1) (a) may be registered by authority of the Full Bench if the Full Bench is satis- fied that there is good reason, consistent with the objects prescribed in section 6, to permit registration. ".

35. Section 55 of the principal Act is amended— mge naca

(a)	by repealing subsection (1) and substitut- ing the following subsection-

" (1) An organization seeking registra- tion under section 53 or 54 shall lodge in the office of the Registrar

(a)	a list of the officers of the organization with their addresses;

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(b)

3 copies of the rules of the organization; and

(c)

the prescribed form of applica-

tion. "; and

(b)	by repealing subsection (4) and substitut- ing the following subsections-

tt (4) Notwithstanding that an organi-

zation complies with section 53 (1) or 54 (1) or that the Full Bench is satis- fied for the purposes of section 53 (2) or 54 (2), the Full Bench shall refuse an application by the organization under this section unless it is satisfied that

(a)	the application has been auth- orized in accordance with the rules of the organization;
(b)	reasonable steps have been taken to adequately inform the members-

(i) of the intention of the organization to apply for registration;

(ii)	of the proposed rules of the organization; and

(iii) that the members or any of them may object to the making of the application or to those rules or any of them by forwarding a written objection to the Registrar,

and having regard to the structure of the organization and any other relevant cir- cumstance, the members have

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

been afforded a reasonable opportunity to make such an objection;

(c)	in relation to the members of the organization-

(i) less than 5 per centum have objected to the making of the applica- tion or to those rules or any of them, as the case may be; or

(ii) a majority of the members who voted in a ballot conducted in a manner approved by the Registrar has auth- orized or approved the making of the applica- tion and the proposed rules;

(d)	in relation to the alteration of the rules of the organization, those rules provide for reason- able notice of any proposed alteration and reasons there- for to be given to the members of the organization and for reasonable opportunity for the members to object to any such proposal;

(e) rules of the organization relat- ing to elections for office-

(i) provide that the elec- tion shall be by secret ballot; and

No. 94.1 Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(ii) conform with the re- quirements of section 56 (1),

and are such as will ensure, as far as practicable, that no irregularity can occur in con- nection with the election; and

the rules of the organization provide for the purging of the register referred to in section 63 by striking off members in arrears of dues for such period as is prescribed by the rules not exceeding 12 months.

(5) Notwithstanding that an orga- nization complies with section 53 (1) or 54 (1), the Full Bench shall refuse an application by the organization under this section if a registered organization whose rules relating to membership enable it to enrol as a member some or all of the persons eligible, pursuant to the rules of the first-mentioned organization, to be members of the first-mentioned organi- zation unless the Full Bench is satisfied that there is good reason, consistent with the objects prescribed in section 6, to permit registration. ".

Section 56

substituted	36. Section 56 of the principal Act is repealed
and section

56A inserted.

and the following sections are substituted

Rules to

provide for	56. (1) The rules of an organization
secret

ballots etc.

(a) shall provide for the conduct of every election to an office within the organization (including the accept- ance or the rejection of nominations) by a returning officer. not being the holder of any other office in, and not being an employee of, the organiza- tion;

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(b)

shall provide that, if the returning officer conducting such election finds a nomination to be defective, he shall before rejecting the nomination, notify the person concerned of the defect, and where it is practicable to do so, give him the opportunity of remedying the defect within such period as is applicable under the rules, which shall, where practicable, be not less than 7 days after his being so notified;

(c)

holder of each office within the organization, such election to be either by-

shall provide for the election of the

(i) a direct voting system; or

(ii) a collegiate electoral system being, in the case of an office the duties of which are of a full-time nature, a one-tier collegiate electoral system;

(d)	shall, in relation to any election for office-

(i)	provide that the election shall be by secret ballot;

(ii) make provision for

(I)	absent voting;
(II)	the manner in which persons may become candidates for election;

(III) the appointment, con- duct and duties of returning officers;

(IV) the conduct of the

ballot;

No. 94.1 Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(V) the appointment, con- duct, and duties of scrutineers to represent the candidates at the ballot; and

(VI) the declaration of the

result of the ballot; and

(iii) ensure, as far as practicable, that no irregularity can occur in connection with the election;

(e)	shall not permit a person to be elected to hold an office within the organiza- tion for a period exceeding 4 years without being re-elected; and
(f)	shall not permit a person to be elected to fill a casual vacancy in an office for a period exceeding the unexpired portion of the term of the person who has vacated the office.

(2) Where the rules of an organization which was registered immediately prior to the coming into operation of this section do not, in the opinion of the Registrar, conform with the requirements of subsection (1), the Registrar may, after inviting the organization to consult with him on the matter, allow the organization such time as he determines within which to bring them into conformity with those requirements or determine such alterations of the rules as will in his opinion bring them into conformity with those requirements.

(3) The Registrar shall register the alterations determined by him, or made by the organization to his satisfaction, pursuant to subsection (2) and thereupon the rules shall be deemed to be altered accordingly.

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

Rules may

56A. (1) This section has effect notwith- standing any other provision of this Act.	provide for casual
vacancies to be filled In
alternative manner.
(2) Subject to subsection (3), rules made by an organization under this subsection may provide for the filling of a casual vacancy in such manner as is provided in those rules.
(3) Rules made under subsection (2) shall include provision to the effect that a casual vacancy may be filled in a manner provided in those rules

(a)	where the original term did not exceed 12 months—for the unexpired portion of the original term; or
(b)	where the original term exceeded 12 months—for so much of the unexpired portion of the original term as does not exceed three- quarters of the original term.

(4) In subsection (3) "original term", in relation to a casual vacancy in an office, means the period in respect of which the last person to have been elected to that office to fill a vacancy other than a casual vacancy was elected.

(5) Where a vacancy in an office is filled in a manner provided in rules made under subsection (2), the person so filling the vacancy shall be taken for the purposes of this Act (other than this section) and the provisions of the rules of the organization (other than the first-mentioned rules), to have been elected to that office in accordance with those provisions. ".

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Section 58

amended. 37. Section 58 of the principal Act is amended

by inserting after subsection (2) the following sub-

section

It (3) On an application for the registration

of an organization the agent or repre- sentative of the applicant may request the Full Bench to authorize the rules of the organization to be registered in terms that exclude certain persons or classes of persons from the description of persons who would have been eligible for enrolment as members of the organization under the rules as lodged under section 55 (1) (b) and, if so requested, the Full Bench may authorize the Registrar to register the rules in those terms. ".

Section 62

amended.

38. Section 62 of the principal Act is amended--

(a)	by repealing subsection (2) and substitut- ing the following subsection

CC (2) The Registrar shall not register

any alteration to the rules of an organization that relates to its name, qualifications of persons for member- ship, or a matter referred to in section

71 (2) or (5) unless so authorized by

the Full Bench. "; and

(b) in subsection (3)-

(i) by deleting "subsection (2) and to";

(ii) by deleting paragraph (a) and sub- stituting the following paragraph

(a)	the application has been authorized in accordance with the rules of the organi- zation; "; and

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(iii)

in paragraph (c) by deleting "of the society, in a ballot conducted in a manner approved by the Registrar," and substituting the following-

" who voted in a ballot conducted in a manner approved by the Registrar ".

Section 63

39. Section 63 of the principal Act is amended— (a) in subsection (1)-

amended.

(i) by deleting paragraph (a) and sub- stituting the following paragraph-

" (a) a register of its members showing the name and residential address of each member and details of the financial status of each member in respect of his membership; "; and

(ii) in paragraph

(b) by deleting

"postal" and	substituting the
following-
" residential

and

(b) by repealing subsections (4), (5) and (8).

Section 66

40. Section 66 is amended—

amended.

(a) in subsection (2)-

(i) by inserting after paragraph (c) the following paragraph

(ca) where the President dis-

allows any rule under para-

graph (a) or (c), give

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

such directions as the President considers neces- sary to remedy, rectify, reverse or alter or to validate or give effect to, any act, matter or thing that has been done in pursuance of the disallowed rule; "; and

(ii) in paragraph (f) by deleting sub- paragraph (iv);

(b)	by repealing subsection (5);

(c)

(d) by repealing subsection (8).

in subsection (7) by deleting ", subject to and

Section 67

substituted.

41. Section 67 of the principal Act is repealed

and the following section is substituted-

Registration

of industrial	67. (1) A council or other body, however designated, formed by and for the purpose of representing 2 or more organizations to the extent that they have industrial interests in common may, subject to this Act, be registered as an association under this Act.
associations.
(2) An association registered pursuant to subsection (1) may act on behalf of all employees eligible for membership of any of the organizations represented by the associa- tion in respect of a calling or industry in respect of which the association was formed.

Subject to this section, the provisions of this Act relating to organizations, their rules, records, officers and members shall extend and apply, with such modifications as are necessary, to an association, its rules, records, officers and members respectively. ".

(3)

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

42. Section 69 of the principal Act is amended— graer

(a)	in subsection (4) by inserting before "accordingly" the following-

, and, where the request was made by a person referred to in subsection (2) (b), that person, "; and

(b)	by repealing subsection (9) and substitut- ing the following subsection-

(( (9) The Secretary of the organiza- tion shall, within such time as the Registrar may require, lodge with the Registrar a copy of the register of members referred to in section 63 and that register shall be open for inspec- tion and extracts may be taken there- from, at the office of the person conducting the election, by any member of the organization or candi- date at the election. ".

43. Section 72 of the principal Act is repealed and gignit2ed.

the following section is substituted-

72. (1) Where 2 or more organizations (in gram' this section referred to as the amalgamating tifotrn" organizations) apply for the registration of a

new organization and the rules of the proposed new organization are such that the only persons eligible for membership of the new organization will be persons who, if the amalgamating organizations had remained in being, would have been eligible for member- ship of at least one of the amalgamating unions, the new organization may be regi- stered by authority of the Full Bench.

(2) An application under this section shall

be made under the respective seals of the

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

amalgamating organizations and shall be signed by the secretary and principal executive officer of each of those organiza- tions.

The provisions of this Division applying to and in relation to the registration of organizations under section 53 (1) or 54 (1), other than section 55 (5), shall apply with such modifications as are necessary, to and in relation to the registration of an organiza- tion under this section.

(3)

(4) Subsection (1) does not prevent the alteration, pursuant to this Act, at any time after an organization has been registered under this section, of the rules referred to in that subsection.

(5) On and from the date on which an organization is registered under this section

(a)	the registration of each of the amalgamating organizations is cancelled; and
(b)	all the property, rights, duties, and obligations whatever held by, vested in, or imposed on each of those orga- nizations shall be held by, vested in, or imposed on, as the case may be, the new organization. ".

Section 73

amended.

44. Section 73 of the principal Act is amended

(a)	in subsections (1) and (3) by deleting "Attorney General" and substituting, in each case, the following-

" Minister "; and

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(b)	by repealing subsections (13), (14) and (15) and substituting the following subsection-

(13) Proceedings for the cancellation or suspension of the registration of an organization, or any of its rights under this Act, shall not be instituted otherwise than under this section. ".

45.

Section '74 of the principal Act is repealed.

=1:galeid7.4

46.

Division 5 of Part II of the principal Act is 14412 11 5 of

epealed.

repealed.

47. following Parts are inserted

Before Part III of the principal Act therilapr

st4Ictiic

(I	PART IIA—CONSTITUENT AUTHORITIES.

Division 1—Government School Teachers Tribunal.

73A. (1) In this Division unless the contrary illotrnrgit;

intention appears—

Division.

"Chairman" means the Chairman of the

Tribunal;

"Department" means the Education Depart- ment of the State;

"Director-General" means the person holding or acting in the office of Director-General of Education under the Education Act 1928;

"government school" has the same meaning as it has in the Education Act 1928;

"member" means any member of the Tribunal and includes the Chairman;

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

"Minister for Education" means the Minister to

whom the administration of the Education

Act 1928 is for the time being committed;

"pre-school centre" has the same meaning as it has in the Education Act 1928;

"teacher" includes

(a)	any person engaged in teaching in a government school;
(b)	any person employed by the Minister for Education and engaged in teach- ing in a pre-school centre; and
(c)	any person holding or acting in a position in the Department in respect of which a teaching academic qualification is required,

but does not include any public servant, whether or not he holds or acts in a posi- tion in respect of which a teaching academic qualification is required;

"teaching staff of the Department" includes persons who are employed under the Educa- tion Act 1928 and engaged in teaching and persons who hold or act in positions in the Department in respect of which a teaching academic qualification is required and includes any position in respect of which such a qualification is required but does not include public servants;

"Tribunal" means the Commission constituted by the Government School Teachers Tribunal established under this Division;

"Union" means the body known as The State School Teachers' Union of Western Australia (Incorporated).

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

Subject to this Division, the Union shall be deemed to be, and shall have and enjoy all of the rights, privileges and duties of, an organization registered under this Act.

(2)

(3) Forthwith after the coming into operation of section 47 of the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984 the Union shall lodge with the Registrar a true copy of its constitution and rules as then in force, certified in writing under the hands of its President and Secretary, and thereafter those rules shall be deemed to be the registered rules of the Union and shall not be altered other than in accordance with this Act.

74. (1) There shall be established, within and as =men`

part of the Commission, a tribunal to be known as Riabt,E1

the Government School Teachers Tribunal.	established.
(2) Subject to this Act, the Tribunal shall consist of 3 members, of whom

(a)	one shall be appointed by the Chief Com- missioner from amongst the other Com- missioners and shall be Chairman of the Tribunal;
(b)	one shall be a person nominated for appointment by the Minister for Educa- tion and appointed by the Governor; and
(c)	one shall be a person nominated for appointment by the Union and appointed by the Governor.

(3) Wherever the Chairman is of the opinion that an organization other than the Union has a sufficient interest in a matter to be heard and dealt with by the Tribunal, the Tribunal shall be constituted by the Chairman sitting alone.

No. 94.1 Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Whenever it is necessary for a person to be nominated for appointment to an office referred to in subsection (2) (b) or (c) the Minister shall, in writing, request the Minister for Education, or the Union, as the case requires, to submit to him, in writing, the name of a person willing to act as a member of the Tribunal.

(4)

Where a request under subsection (4) is made to the Union the Chief Electoral Officer appointed under the Electoral Act 1907, or some other officer appointed by him in writing, shall conduct an election in the prescribed manner amongst the members of the Union for the purposes of determin- ing the name of the person to be nominated by that body for appointment to the office of member.

(5)

(6) Where the Minister for Education or the Union has been requested under subsection (4) to submit the name of a person to the Minister

(a)	if such a name is submitted to the Minister within the prescribed period of the Minister for Education, or the Union, as the case requires, receiving the request, the person whose name appears on the submission shall be appointed to the office of member; and
(b)	if default is made within that time in sub- mitting a name to the Minister, the Minister may nominate for appointment to the office of member such person as he thinks fit.

Terms et

office, etc.

75. (1) Subject to this Act

(a)

a person appointed as Chairman or as a member pursuant to section 74 (2) (b) shall hold office for such period, not exceed- ing 2 years as is specified in the instrument of his appointment and is eligible for

reappointment;

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

(b)	a person appointed as a member pursuant to section 74 (2) (c) shall hold office for a period of 2 years and is eligible for reappointment.

(2) The office of the Chairman becomes vacant

if--

(a)	he ceases to be a Commissioner; or
(b)	his appointment as a member of the Tribunal is terminated pursuant to sub- section (3).

(3) The Chief Commissioner may at any time terminate the appointment of the Chairman as a member of the Tribunal.

(4) The Governor may terminate the appoint- ment of a member referred to in section 74 (2) (b) or (c)

(a)	if, in the case of a member referred to in section 74 (2) (c), the member attains the age of 65 years or resigns from the Depart- ment; or

(b) for inability, inefficiency or misbehaviour.

Section 71	Delete "union" wherever it occurs sub- stitute "State organization" in each case.
Section 71 (1)	Delete "and" after the definition of

"Branch".

Delete the full stop at the end of the definition of "Counterpart Federal Body" substitute the following-

; and

"State organization" means an organization of employees that is registered under Division 4

of Part II. ".

Section 71 (3) (a),

Delete "union's" substitute "State

(5) (a), (6) and	organization's" in each case.
(9) (b) and (c)

Section 71 (7) (a)

Before "organization" insert "other" in

and (b)

each case.

Section 73	Delete "union" wherever it occurs substitute "organization" in each case.
Section 81 (4)	Delete "conviction,".
Section 83 (1)	After "award" wherever it occurs insert ", industrial agreement" in each case.
Section 83 (1) (a)	Before "Deputy" insert "a"

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Provision affected.

Amendment.

Section 83 (1) (c) Delete "union, association," substitute "organization or association named as a party to the award".

Section 83 (2)

Delete "the Deputy" substitute "a

Deputy".

Section 83 (5) (b) Delete "convicted of an offence against" substitute "proved before the Full Bench to have contravened or failed to comply with".

Section 84 (1)	Delete "conviction,".
Section 87 (2)	Delete "conviction,".
Section 88 (1)	Delete "such union" substitute "such

organization".

Section 88 (1), (2) Delete "conviction," wherever it occurs. and (4)

Section 88 (1)

Delete "a union" substitute "an organ-

and (2)

ization" in each case.

Section 88 (2)

Delete "the union" substitute "the

organization".

Delete "any union" substitute "any

organization".

Section 88 (5)	Repeal.
Section 89 (1)	Delete "conviction," where it first

Occurs.

Section 105 Before "order" in both places where it occurs insert "industrial agree- ment," in each case.

Delete "the Schedule" substitute

"Schedule 1".

Section 106 (a) (ii) Delete "Industrial".

Delete "Assistant Registrar".

Section 107	Before "Deputy" insert "a".
Section 108	Delete "A union" substitute "An organ- ization".
Delete "such union" substitute "such

organization".

Section 109

Delete "a union" substitute "an organ-

ization".

Delete "any union" substitute "any

organization".

Delete "the union" substitute "the

organization".

Section 110 (1)

Delete "a union" substitute "an organ-

and (2)

ization" in each case.

Delete "any union" substitute "any

organization" in each case.

Delete "the union" substitute "the

organization" in each case.

1984.]	Acts Amendment and Repeal [No. 94.
(Industrial Relations) (No. 2).

Provision affected.

Amendment.

Section 110 (2)

Delete "or any levy imposed under sub-

section (10) of section 74".

Section 111 (3) Delete "Notwithstanding the penalties provided by subsections (1) and (2) any money received in contravention of either or both of those subsections" substitute "Where any money is re- ceived in contravention of subsection (1) then, notwithstanding any pro- ceedings under this Act in respect of the contravention, the money".

Section 112 (1)

Delete "a union" substitute "an organ-

ization".

Section 112 (2)

Delete "A union" substitute "An organ-

ization".

Section 112 (3) Delete "Notwithstanding the penalty provided by subsection (2), any money received in contravention of that sub- section" substitute "Where any money is received in contravention of subsec- tion (2) then, notwithstanding any proceedings under this Act in respect of the contravention, the money".

Section 113 (1) (c) After subparagraph (iii) insert "and".

Delete "; and" at the end of subpara-

graph (iv) substitute a full stop.

Delete subparagraph (v).

Section 113 (1) (c) Delete "convictions,".

(iv) Section 113 (3)

Delete "conviction,".

and (4) (ii)

Schedule:

Heading	After "SCHEDULE" insert "1".
Clause 1	Delete "awards" substitute "industrial

agreements".

Clause 3

Delete "union" wherever it occurs sub-

stitute "organization" in each case.

Clause 4

Delete "unions" in both places where it

occurs substitute "organizations" in

each case.

Clause 6

Delete "Industrial".

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

PART III-EDUCATION ACT 1928.

Principal

Act.	67. In this Part the Education Act 1928 is
Reprinted as

approved	referred to as the principal Act.
19 July 1984.
Section 3

amended.

68.

Section 3 of the principal Act is amended

(a)	in the definition of "teacher" by deleting from paragraph (b) the following-

" is-

(i) a Government officer as defined in section eleven A of the Industrial Arbitration Act, 1912; or

(ii) a Worker as defined in section six of the Industrial Arbitration Act, 1912."

and substituting the following-

" is an officer within the meaning of the

Public Service Act 1978; "; and

(b)	in the definition of "teaching staff" by de- leting the following

C' are-

(a)	Government officers as defined in section eleven A of the Indus- trial Arbitration Act, 1912; or
(b)	Workers as defined in section six of the Industrial Arbitration Act, 1912,

and any position or office in the Depart- ment to which the Government Em- ployees (Promotions Appeal Board) Act, 1945 or the Public Service Act, 1978 ap- plies;"

and substituting the following-

" are officers within the meaning of the

Public Service Act 1978; ".

1984.}

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

69. Section 7 of the principal Act is amended— amended.

(a)	in subsection (3) by deleting "the Govern- ment School Teachers Arbitration and Appeal Act, 1979" and substituting the fol- lowing

" Division 1 of Part IIA of the Industrial Relations Act 1979 "; and

(b)	in subsection (4) by deleting ", the Govern- ment Employees (Promotions Appeal Board) Act, 1945 and the Public Service Arbitration Act, 1966, do" and substituting the following-

" does ".

70. Section 7D of the principal Act is amended—

Settler

(a)	in subsection (1) by deleting the definitions of "the Tribunal" and "the Tribunal Act" and substituting the following definition

"the Tribunal" means The Western Australian Industrial Relations Commission constituted by the Government School Teachers Tri- bunal established under Division 1 of Part IIA of the Industrial Re- lations Act 1979. ";

(b)	in subsection (3) by deleting from sub- paragraph (ii) of paragraph (c) "under the Tribunal Act" and substituting the fol- lowing

" in force under Division 1 of Part IIA of the Industrial Relations Act 1979 "; and

(i) by deleting "29 (1) (e) of the Tri- bunal Act" and substituting the fol- lowing

" 78 (1) (b) (iii) of the Industrial

Relations Act 1979 "; and

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(ii) by deleting "in the Tribunal Act" and substituting the following-

" in Division 1 of Part IIA of that

Act ".

Effect of

Part VI

71. Nothing in this Part limits the operation of

Part VI or of section 16 of the Interpretation Act

1984 as applied by that Part.

not limited.

PART IV-PUBLIC SERVICE ACT 1978.

Principal

Act.	72.	In this Part the Public Service Act 1978 is
Reprinted as

approved	referred to as the principal Act.
28 May 1984.
Section 1

amended.

73.

Section 1 of the principal Act is amended by deleting the following-

" Division 1—General.

Division 2—Promotions.

Section 3

amended.

74.

Section 3 of the principal Act is amended

(a)	by deleting the "Public Service Arbitration Act, 1966" wherever it occurs and substi- tuting the following in each case-

" Division 2 of Part IIA of the Industrial Relations Act 1979 "; and

(b)	in subsection (1) by deleting "that Act" and substituting the following-

" that Division ".

Section 5

75.

Section 5 of the principal Act is amended in

subsection (1) by deleting the definition of

"Promotions Appeal Board".

amended.

Heading to

Division 1	76.	Part III of the principal Act is amended by
of Part III

deleted.

deleting the heading "Division 1—General.".

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

77. Section 25 of the principal Act is amended— 8 Vane

(a)	in subsection (1) by deleting "in or under this Act relating to appeals against promotions" and substituting the follow- ing

" of Division 4 of Part HA of the Indust- rial Relations Act 1979 "; and

(b)	in subsection (2) by deleting "the Public Service Arbitration Act, 1966, appeal to the Arbitrator appointed under that Act" and substituting the following

Division 2 of Part IIA of the Industrial Relations Act 1979 appeal to The Western Australian Industrial Relations Commission constituted by a Public Service Arbitrator appointed under that Division ".

78. Section 31 of the principal Act is amended— Z=4,11

(a)	in subsection (1) by deleting "under and within the meaning of section 96 of the Industrial Arbitration Act 1979" and substituting the following-

" as defined by section 80C of the Industrial Relations Act 1979 "; and

(b)	in subsection (2) by deleting "in and under this Act relating to appeals against promotions" and substituting the follow- ing

" of Division 4 of Part HA of the Indus- trial Relations Act 1979 ".

No. 941 Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Section 32

amended.

79. Section 32 of the principal Act is amended in subsection (2) by deleting "The Public Service Appeal Board established by Part III of the Public Service Arbitration Act, 1966" and substituting the following-

" The Western Australian Industrial Relations Commission constituted by a Public Service Appeal Board appointed under Division 2 of Part IIA of the Industrial Relations Act 1979 ".

Division 2

of Part 1:11

80. The principal Act is amended by repealing

repealed.	Division 2 of Part III.
Section 51

amended.

81. Section 51 of the principal Act is amended

(a)	by deleting "The Public Service Appeal Board established by Part III of the Public Service Arbitration Act, 1966" and sub- stituting the following-

" The Western Australian Industrial Relations Commission constituted by a Public Service Appeal Board appointed under Division 2 of Part IIA of the Industrial Relations Act 1979 "; and

(b)	by deleting "that Act" and substituting the following "that Division".

Effect of

Part VI

82. Nothing in this Part limits the operation of

not limited.

Part VI or of section 16 of the Interpretation Act

1984 as applied by that Part.

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

PART V-REPEALS.

Repeal of

83. The following Acts, namely

Aida.

(a)	the Government Employees (Promotions Appeal Board) Act 1945;
(b)	the Government School Teachers Arbitra- tion and Appeal Act 1979;
(c)	the Public Service Arbitration Act 1966; and
(d)	the Railways Classification Board Act 1920,

are hereby repealed.

PART VI-SAVING AND TRANSITIONAL.

Interpreta-

84. In this Part, unless the contrary intention appears

tion of

this Part.

"amended provisions" means the principal Act as amended by this Act;

"constituent authority" has the same meaning as it has in the amended provisions;

Reprinted as

"principal Act" means the Industrial Arbitra- tion Act 1979;	approved 21 March
1983.
"repealed provisions" means provisions repealed by section 80 or 83.
Office

85. (1) The person holding an office mentioned in column 1 of Table 1 to this section immediately	holders; references to
office holders and
before the coming into operation of the section men-	bodies.
tioned in column 2 of that Table opposite that office, shall, after the coming into operation of that section, be deemed to have been appointed under and subject to the amended provisions or to the Public Service Act 1978, as the case may require, to the office men- tioned in column 3 of that Table opposite the first- mentioned office.
(2) Where subsection (1) applies to a person hold- ing office for a term or period that section shall have effect for the balance of that term or period and for such further period, if any, as the Governor deter- mines.

No. 94.] Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

(3) Unless the context otherwise requires, a reference however expressed in any written law to an office mentioned in column 1 of Table 1 or 2 to this section or a body mentioned in column 1 of Table 3 to this section shall, after the coming into operation of the section mentioned in column 2 of the relevant Table opposite that office or body, be read and construed as a reference to the office or body mentioned in column 3 of the relevant Table opposite the first-mentioned office or body and may may be altered accordingly on a reprint of an Act, regulations, by-laws or rules pursuant to statutory authority.

(4) The person holding any of the following offices, namely

(a)	Chairman of the Government School Teachers Tribunal established under the Government School Teachers Arbitration and Appeal Act 1979, or deputy of that Chairman;
(b)	Public Service Arbitrator appointed under the Public Service Arbitration Act 1966, or deputy of that Arbitrator; and
(c)	Chairman of the Railways Classification Board established under the Railways Classification Board Act 1920, or deputy of that Chairman,

immediately before the coming into operation of section 83, shall vacate that office on the coming into operation of section 83.

(5) Where section (4) (c) applies to a person who is a Commissioner under the principal Act subsec- tion (4) does not prevent him from being appointed as Chairman of the Railways Classification Board established under the amended provisions or as deputy of that Chairman.

(6) Nothing in subsection (4) affects the opera- tion of section 89.

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

TABLE 1.

Column 1.

Column 2.

Column 3.

The Chief Industrial Section 8 The Chief Commis-

Commissioner

sioner

The Registrar of In- Section 56 The Registrar dustrial Unions

The Deputy Registrar Section 56 A Deputy Registrar the Chairman, of the fice of a member or

of Industrial Unions

Government School	deputy of a member
Teachers Tribunal es-	of the Government
tablished under the	School Teachers
Government School	Tribunal established
Teachers Arbitration	under Division 1 of
and Appeal Act 1979 or	Part HA of the Indus-
a deputy of such a	trial Relations Act
member	1979

A member, other than Section 47 The corresponding of- the Chairman, of the fice of a member or

Railways Classification	deputy member of a
Board established	member of the Rail-
under the Railways	ways Classification
Classification Board	Board established
Act 1920 or a deputy of	under Division 3 of
such a member	Part IIA of the Indus- trial Relations Act 1979

TABLE 2.

Column 1.

Column 2.

Column 3.

The Chairman of the Section 47 The Chairman of the

Government School	Government School
Teachers Tribunal es-	Teachers Tribunal es-
stablished under the	tablished under Divi-
Government School	sion 1 of Part IIA of
Teachers Arbitration	the Industrial Rela-
and Appeal Act 1979	tions Act 1979

The Public Service Section 47 A Public Service Arbi-

Arbitrator appointed trator appointed under

under the Public Ser-	Division 2 of Part HA
vice Arbitration Act	of the Industrial Rela-
1966	tions Act 1979

A member of the Section 47 A member of a

Public Service Appeal Public Service Appeal

Board

established

Board

established

under the Public Ser-	under Division 2 of
vice Appeal Board Act	Part IIA of the Indus-
1920 or Part III of the	trial Relations Act

Public Service Arbitra- 1979

tion Act 1966

No. 94.1 Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Column 1.

Column 2.

Column 3.

The Chairman of the

Section 47 The Chairman of the

Railways Classification	Railways Classification
Board established	Board established
under the Railways	under Division 3 of
Classification Board	Part IIA of the Indus-
Act 1920	trial Relations Act 1979

A member of The Pro-

Section 47 A member of a Pro-

motions Appeal Board	motions Appeal Board
established under the	established under Divi-
Government Em-	sion 4 of Part IIA of
ployees (Promotions	the Industrial Rela-
Appeal Board) Act	tions Act 1979
1945 or a Promotions Appeal Board estab- lished under Division 2 of Part III of the Public Service Act 1978

TABLE 3.

Column 1.

Column 2.

Column 3.

The Western Austra-

Section 8 The Western Austra-

lian Industrial Com-	lian Industrial Rela-
mission established	tions Commission con-
under the Industrial	tinued and constituted
Arbitration Act 1912	under the Industrial
or continued and con-	Relations Act 1979
stituted under the In-

dustrial	Arbitration
Act 1979

The Government

Section 47 The Government

School Teachers	School Teachers
Tribunal established	Tribunal established
under the Education	under Division 1 of
Act 1928 or the Gov-	Part HA of the Indus-
ernment School	trial Relations Act 1979
Teachers Arbitration
and Appeal Act 1979

The Public Service Ap-

Section 47 A Public Service Ap-

peal Board established	peal Board established
under the Public Ser-	under Division 2 of
vice Appeal Board Act	Part HA of the Indus-
1920 or Part III of the	trial Relations Act 1979
Public Service Arbi-
tration Act 1966

The Railways Classifi-

Section 47 The Railways Classifi-

cation Board estab-	cation Board estab-
lished under the Rail-	lished under Division
ways Classification	3 of Part HA of the
Board Act 1920	Industrial Relations Act 1979

1984.1

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

Column 1.

Column 2.

Column 3.

The Promotions Ap- Section 47	A Promotions Appeal
peal Board established	Board established
under the Govern-	under Division 4 of
ment Employees (Pro-	Part IIA of the Indus-
motions Appeal Board)	trial Relations Act 1979
Act 1945 or a Promo- tions Appeal Board es- tablished under Divi- sion 2 of Part III of the Public Service Act 1978

86. Notwithstanding section 9 the person holding Eiger

office as President of The Western Australian Innident.

Industrial Commission under the principal Act immediately before the coming into operation of section 9-

(a)	is entitled to the style and title of The Honourable (name), President of The Western Australian Industrial Relations Commission; and

(b) in appropriate circumstances-

(i) may be addressed as "Your Honour";

(ii) may be referred to as "His Honour",

for as long thereafter as he continues in office as President of The Western Australian Industrial Relations Commission under the amended provisions.

87. (1) After the coming into operation of section Ertiitra 34 each registration of a union in force under the	•
principal Act immediately before the coming into operation of section 34 shall continue in force as the registration of an organization under the amended provisions.
(2) Unless the context otherwise requires, a reference however expressed in any written law to the registration of a union under the Industrial Arbitration Act 1912 or the principal Act shall be read and construed as a reference to the registration of an organization under the amended provisions.

No. 94.1 Acts Amendment and Repeal (Industrial Relations) (No. 2).

[1984.

Awards,

consent	88. (1) After the coming into operation of
awards and

Industrial	section 26, a consent award or deemed consent
agreements.
award in force under the principal Act immediately before the coming into operation of section 26, other than a consent award that has been declared under section 41(6) of the principal Act to be a common rule, shall, for all the purposes of the amended provisions, be deemed to be an industrial agreement registered under the amended provisions.
(2) Unless the context otherwise requires, after the coming into operation of section 26 a reference however expressed in any written law to

(a)	an award under the principal Act shall be read and construed as including;
(b)	a consent award under the principal Act shall be read and construed as,

a reference to an industrial agreement registered or deemed to be registered under the amended provisions and may be altered accordingly on a reprint of an Act, regulations, rules or by-laws pursuant to statutory authority.

(3) Where an award, order or other decision in force under the principal Act immediately before the coming into operation of section 7 contains a provision of the kind commonly known as a "preference clause" (however that clause may be described in the award, order or decision) or any other provision in relation to a matter mentioned in section 50(7) in the amended provisions, that provision shall, on and after the coming into operation of section 7, be deemed to have been deleted from the award, order or decision.

(4) After the coming into operation of section

47—

(a)	an award, order or other decision of a former tribunal in force under repealed provisions immediately before the coming into operation of section 47 shall, for all the purposes of the amended provisions and of any other written law, be deemed to be an award, order or decision made by a

1984.]

Acts Amendment and Repeal [No. 94.

(Industrial Relations) (No. 2).

constituent authority under the amended provisions except that any matter which the Government School Teachers Tribunal, a Public Service Arbitrator or the Railways Classification Board, as the case may be, may not include in an award, order or decision under the amended provisions is deemed to have been deleted from the award, order or decision;

(b)

an agreement made, reached or filed under repealed provisions and in force under those provisions immediately before the coming into operation of section 47 shall, for all the purposes of the amended provisions and of any other written law, be deemed to be an industrial agreement registered by a constituent authority under the amended provisions.

(5) In subsection (4) "former tribunal" means the Government School Teachers Tribunal, the Public Service Arbitrator, or the Railways Classific- ation Board, established under repealed provisions.

Pending

89. (1) In this section

proceedings continued.

"former tribunal" means the Government School Teachers Tribunal, the Public Ser- vice Arbitrator, the Public Service Appeal Board, The Promotions Appeal Board, a Promotions Appeal Board, or the Railways Classification Board, established under repealed provisions;

"pending proceedings" means any application, appeal or other claim made to a former tribunal under repealed provisions that was commenced before that former Tribunal before the coming into operation of section 47.

(2) Pending proceedings may be continued and dealt with under repealed provisions as in force immediately before the coming into operation of

section 47.

No. 94.] Acts Amendment and Repeal

[1984.

(Industrial Relations) (No. 2).

Notwithstanding sections 80, 83 or 85 (4) or the amended provisions, for the purposes of continuing and dealing with pending proceedings a former tribunal shall continue as constituted under repealed provisions.

(3)

(4) Notwithstanding sections 80 or 83, repealed provisions shall be deemed to remain in force to the extent necessary for the purposes of subsections (2) and (3).

An award, order or other decision made in pending proceedings shall, for all the purposes of the amended provisions and of any other written law, be deemed to be an award, order or decision made by a constituent authority under the amended provisions.

(5)

Jurisdiction

Subject to section 89 and the amended pro- visions, a constituent authority may exercise juris- diction in relation to a matter whether that matter arose before or after the coming into operation of section 47.

in relation

90.

to existing

matters.

Regula-

After the coming into operation of section 47, regulations or administrative instructions in force under repealed provisions immediately before the coming into operation of section 47 shall, in so far as they are not inconsistent with the amended provisions, subsist and enure for the purposes of the amended provisions and shall, for all the purposes of the amended provisions, be deemed to be regulations made under the amended provisions.

tions, etc.

91.

Interpreta-

Subject to the preceding provisions of this 1984 apply to and in relation to the repeals and amendments effected by this Act and for that pur- pose a portion of the amended provisions mentioned in column 1 of the Table to this section shall be deemed to repeal and re-enact and be substituted for the portion or portions of the repealed provisions mentioned in column 2 of that Table opposite the first-mentioned portion.

tion Act

92.

1984, ss. 16

and 36 to	Part sections 16 and 36 of the Interpretation Act
apply.

1984.]	Acts Amendment and Repeal [No. 94.
(Industrial Relations) (No. 2).

TABLE.

Column 1.

Column 2.

Division 1 of Part HA Government School Teachers Arbi-

tration and Appeal Act 1979

Division 2 of Part HA Public Service Arbitration Act 1966

Division 3 of Part IIA Railways Classification Board Act

1920

Division 4 of Part IIA Government Employees (Promo- tions Appeal Board) Act 1945 and Division 2 of Part III of the Public Service Act 1978