Industrial Relations Commission Amendment Regulations 2022 (WA)

540 GOVERNMENT GAZETTE, WA 11 March 2022

INDUSTRIAL RELATIONS

IR301

Industrial Relations Act 1979

Industrial Relations Commission Amendment

Regulations 2022

SL 2022/19

Made by the Chief Commissioner of The Western Australian Industrial
Relations Commission.

1.             Citation

These regulations are the Industrial Relations Commission
Amendment Regulations 2022.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the

Work Health and Safety Act 2020 Schedule 1 clause 27 comes into operation.

3.             Regulations amended

These regulations amend the Industrial Relations Commission
Regulations 2005.

11 March 2022 GOVERNMENT GAZETTE, WA 541

4.             Regulation 29 replaced

Delete regulation 29 and insert:

29.           Orders under sections 32 and 44

(1)	If the Commission gives or makes a direction, order or declaration under section 32(8) or 44(6)(ba) or (bb) of the Act in writing or reduces it to writing (a conciliation document), the Commission may give a direction (a service direction) as to service of the conciliation document.
(2)	The conciliation document must be —

(a) sealed; and

(b) served —

(i)      if a service direction is made — in

accordance with the service direction; or

(ii)      otherwise — by the Registrar on the

parties.

5.             Regulation 94M amended

In regulation 94M(6) delete “(the” and insert:

(a

6.             Part 10 heading replaced

Delete the heading to Part 10 and insert:

Part 10 — Work Health and Safety Tribunal

7.             Regulations 95 and 96 replaced

Delete regulations 95 and 96 and insert:

95.           Term used: Tribunal

In this Part —

Tribunal means the Work Health and Safety Tribunal established by the Work Health and Safety Act 2020 Schedule 1 clause 27(1).
95A.	Application of Part
This Part applies to an application made to the Tribunal under the Work Health and Safety Act 2020.

542 GOVERNMENT GAZETTE, WA 11 March 2022

96.           Applications to Tribunal

An application must be in the approved form.

8.             Regulation 97 amended

In regulation 97(1):

(a) delete “the referral of matters to, or the hearing or

determination of matters by, the Tribunal” and insert:

the making, hearing and determination of applications

(b) delete the Table and insert:

Table

Part 2 except r. 8(1), (3)	Part 3 except r. 13(3)(a) and
and (4)	Division 4
Part 4	Part 11 Division 2

9.             Regulation 98 amended

(1)	In regulation 98(1) delete “A Notice of referral is to” and insert:
An application must
(2)	In regulation 98(2):

(a) delete “is to” and insert:

must

(b) delete “a Notice of referral” and insert:

an application

(c) delete “Notice” (2nd occurrence) and insert:

application

(3) In regulation 98(3):

(a) delete “is to” and insert:

must

11 March 2022 GOVERNMENT GAZETTE, WA 543

(b) delete “Notice of referral,” and insert:

application,

(c) delete “Notice.” and insert:

application.

(4)

Delete regulation 98(6) and insert:

(6)	If the Tribunal gives or makes a direction, order or declaration under the Work Health and Safety Act 2020 Schedule 1 clause 30(3) in writing or reduces it to writing (a conciliation document), the Tribunal may give a direction (a service direction) as to service of the conciliation document.
(7)	The conciliation document must be —

(a) sealed; and

(b) served —

(i)      if a service direction is made — in

accordance with the service direction; or

(ii)      otherwise — by the Registrar on the

parties.

10.           Regulation 99B amended

In regulation 99B delete “is to be by way of notice of referral”

and insert:

must be

11.           Regulation 99C amended

In regulation 99C(1) delete the Table and insert:

Table

Part 2 except r. 8(1), (3)	Part 3 except r. 13(3)(a) and
and (4)	Division 4
Part 4	Part 11 Division 2

544 GOVERNMENT GAZETTE, WA 11 March 2022

12.           Regulation 99D amended

(1)	In regulation 99D(1) delete “notice of referral is to” and insert:
referral must
(2)	In regulation 99D(2):

(a) delete “is to” and insert:

must

(b)	delete “notice of”;
(c)	delete “notice” (2nd occurrence) and insert:

referral

(3)

Delete regulation 99D(3) and (4) and insert:

(3)	The Registrar must endorse on the referral the time within which a response under regulation 14 must be filed.
(4)	The time within which a response must be filed is —

(a)	21 days after the respondent is served with the referral; or
(b)	if an application to the Tribunal for a shortened

time for response is granted — the time

determined by the Tribunal.

(4) In regulation 99D(9):

(a) delete “notice of Referral” and insert:

referral

(b) delete “Respondent” and insert:

respondent

(c) delete “lodged,” and insert:

filed,

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(5)

Delete regulation 99D(10) and insert:

(10)	If the Tribunal gives or makes a direction, order or declaration under the Owner-Drivers (Contracts and Disputes) Act 2007 section 44(3) in writing or reduces it to writing (a conciliation document), the Tribunal may give a direction (a service direction) as to service of the conciliation document.
(11)	The conciliation document must be —

(a) sealed; and

(b) served —

(i)      if a service direction is made — in

accordance with the service direction; or

(ii)      otherwise — by the Registrar on the

parties.

S. KENNER, Chief Commissioner
The Western Australian Industrial Relations Commission.