Industrial Arbitration Amendment Act (No. 2) 1984 (WA)

WESTERN AUSTRALIA.

INDUSTRIAL ARBITRATION

(No. 2).

No. 92 of 1984.

AN ACT to amend the Industrial Arbitration Act

1979.

[Assented to 29 November 1984.]

BE it enacted by the Queen's Most Excellent Majesty, 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:—

Short title

1. (1) This Act may be cited as the Industrial and principal

Arbitration Amendment Act (No. 2) 1984. Act.

(2) In this Act the Industrial Arbitration Act	Reprinted
as approved

1979 is referred to as the principal Act.	21 March
1983.

No. 92.] Industrial Arbitration (No. 2). [1984.

Commence-

ment.	2. (1) Subject to subsections (2) and (3), this Act shall come into operation on the day on which it is assented to by the Governor.
(2) Section 4 shall come into operation on the day on which section 8 of the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984 comes into operation.

Section 5 shall come into operation on the day on which section 47 of the Acts Amendment and Repeal (Industrial Relations) Act 1984 (No. 2) comes into operation.

(3)

Section 20

amended. 3. Section 20 of the principal Act is amended

(a) by repealing subsections (2) to (7) and substituting the following subsections

C' (2) The Chief Industrial Commis-

sioner shall receive salary and allow- ances or reimbursements at the same rate as a District Court Judge other than the Chairman of Judges.

(3) The Senior Commissioner shall

receive

(a)	salary at a rate that is 95 per centum of the rate of salary received by the Chief Indus- trial Commissioner;
(b)	an annual expense allowance at a rate that is 66.67 per centum of the rate of annual expense allowance received by the Chief Industrial Commis- sioner;

and

(c) other allowances or reimburse- ments as the Governor may from time to time approve.

1984.] Industrial Arbitration (No. 2). [No. 92.

(4) A Commissioner, other than the

Chief Industrial Commissioner and the

Senior Commissioner, shall receive

(a)	salary at a rate that is 90 per centum of the rate of salary received by the Chief Indus- trial Commissioner;
(b)	an annual expense allowance at a rate that is 50 per centum of the rate of annual expense allowance received by the Chief Industrial Commis- sioner; and
(c)	other allowances or reimburse- ments as the Governor may from time to time approve.

(5) In subsection (6) "current rate"

in relation to the salary of the holder of an office means the rate that was, immediately before the coming into operation of section 3 of the Industrial Arbitration Amendment Act (No. 2)

1984, the rate of salary determined

under the Salaries and Allowances Act

1975 for that office.

(6) Notwithstanding subsection (2), (3) or (4), whichever is applicable, a person holding office as Chief Industrial Commissioner, Senior Commissioner or one of the other Commissioners shall receive salary at a rate not less than the current rate. ";

(b) in subsections (8), (9) and (10) by deleting "Commissioner" wherever it occurs and substituting, in each case, the following-

" member of the Commission ";

No. 92.] Industrial Arbitration (No. 2). [1984.

(c) by inserting after subsection (8) the following subsections

ti (8a) For the purposes of any

calculation or determination under the Superannuation and Family Benefits Act 1938 the duration of

(a)	any service by a person as a member of the Commission that occurs after the commen- cement day;
(b)	any period for which a person is deemed to have continued in service under the State follow- ing his retirement as a member of the Commission on or after the commencement day; and
(c)	any period for which a person might have remained in service under the State but for-

(i)  his death after the commencement d a y while serving as a mem- ber of the Commission;

or

(ii)  his retirement as a member of the Commis- sion on or after the commencement day on the ground of invalidity or physical or mental incapacity to perform his duties,

shall be deemed to be increased by

100 per centum.

1984.] Industrial Arbitration (No. 2). [No. 92. (8b) In subsection (8a) "commence- ment day" means the day of the coming into operation of section 3 of the Industrial Arbitration Amendment Act (No. 2) 1984. "; and

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

(11) In subsection (12) "continuing President" means the person holding office as President immediately before the coming into operation of section 3 of the Industrial Arbitration Amendment Act (No. 2) 1984 and continuing in office as President after the coming into operation of that section.

(12) Notwithstanding subsections (8) to (10)-

(a)

the continuing President is entitled to the same conditions in respect of leave of absence as a Judge;

(b)

the provisions of the Judges' Salaries and Pensions Act 1950 that relate to pensions apply, with such modifications as are necessary, to and in relation to the continuing President, and to and in relation to his widow and children after his death, in the same manner as they apply to and in relation to a Judge appointed as such after the coming into operation of that Act, and to and in relation to his widow and children after his death, and for that purpose the term "Judge" in that Act includes the continuing President;

and

No. 92.] Industrial Arbitration (No. 2). [1984.

if the continuing President is

(c) appointed a Judge of another court created by the Parlia- ment of the State his service as the President before and after the coming into opera- tion of section 3 of the Industrial Arbitration Amend- ment Act (No. 2) 1984 shall be regarded for the purposes of the Judges' Salaries and Pensions Act 1950 as service as a Judge of that other court. ".

Section 20

further r 4. Section 20 of the principal Act as amended by

amended.

section 3 is further amended

(a)

in subsections (2), (3), (4) and (6) by deleting "Industrial" wherever it occurs;

(b)

in subsection (5) by deleting "that office" and substituting the following-

" the equivalent office in The Western

Australian Industrial Commission ";

and

(c) by repealing subsection (11) and substitut- ing the following subsection

In subsection (12) "continuing President" means the person who held office as President of The Western Aus- tralian Industrial Commission immedi- ately before the coming into operation of section 3 of the Industrial Arbitra- tion Amendment Act (No. 2) 1984 if he continued in that office until the com- ing into operation of section 4 of that Act and continues in office as President after the coming into operation of sec- tion 4 of that Act. ".

1984.] Industrial Arbitration (No. 2). [No. 92.

Section 113

5. Section 113 of the principal Act is amended in amended.

subsection (1) by inserting after paragraph (d) the

following paragraphs-

(da) providing for the payment of remunera- tion, travelling and other allowances to members of constituent authorities and their deputies (other than Commissioners);

(db) providing for the relevant constituent authority to approve of the payment of such amounts as it thinks fit in respect of allowances or reimbursements for travelling or other expenses incurred by appellants, respondents and witnesses in proceedings under section 78 (1) (b) (i) or Division 4 of Part IIA, and providing for the payment of amounts so approved; ".