Industrial Relations Act 1979 (WA)

Western Australia

Western Australia

Industrial Relations Act 1979

An Act to consolidate and amend the law relating to the prevention and resolution of conflict in respect of industrial matters, the mutual rights and duties of employers and employees, the rights and duties of organisations of employers and employees, and for related purposes.

This Act may be cited as the Industrial Relations Act 1979.

[Section 1 amended: No. 94 of 1984 s. 4.]

The provisions of this Act shall come into operation on such day or days as is or are, respectively, fixed by proclamation.

• (1)

  Subject to subsections (5) and (6) where any industry is carried on —

  • (a)

    partly within the State and partly within an area to which this subsection applies; or

  • (b)

    wholly or partly in an area to which this subsection applies, and —

    • (i)

      facilities for servicing or supporting that industry are maintained in the State by or on behalf of the employer concerned; or

    • (ii)

      the employer concerned is connected with the State; or

    • (iii)

      that industry is carried on from, or on, or by means of, an aircraft, ship, or vessel certificated, registered, or licensed under a law of the State or by a public authority, or which is required to be so certificated, registered, or licensed; or

    • (iv)

      that industry is carried on from, or on, or by means of, a rig or other structure, installation, or equipment, the use or function of which is regulated by the State or by the State and the Commonwealth, or is required to be so regulated; or

    • (v)

      that industry is authorised or regulated by the State or by the State and the Commonwealth; or

    • (vi)

      that industry is carried on pursuant to a law of the State,

then this Act applies to and in relation to that industry in so far as any employment relates to the area to which this subsection applies and in any such case this Act also applies to and in relation to any related industrial matter or industrial action, and any jurisdiction, function, duty, or power exercisable, imposed, or conferred by or under this Act extends to the matter or action.

• (2)

  For the purposes of subsection (1), an employer is connected with the State if that employer —

  • (a)

    is domiciled in the State; or

  • (b)

    is resident in the State, normally or temporarily; or

  • (c)

    being a body corporate, is —

    • (i)

      registered, incorporated, or established under a law of the State; or

    • (ii)

      taken to be registered in the State; or

    • (iii)

      a related body corporate of such a body for the purposes of the Corporations Act 2001 (Commonwealth);

  or

  • (d)

    in connection with the industry concerned, has an office or a place of business in the State; or

  • (e)

    is the holder of a licence, lease, tenement,…