Industrial Relations (General) Amendment Regulations 2004 (WA)

2516 GOVERNMENT GAZETTE, WA 29 June 2004

(General) Amendment Regulations 2004.

CE306*

Industrial Relations Act 1979

Industrial Relations (General) Amendment

Regulations 2004

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Industrial Relations

29 June 2004 GOVERNMENT GAZETTE, WA 2517

2.           The regulations amended

The amendments in these regulations are to the Industrial
Relations (General) Regulations 1997*•

[* Published in Gazette 30 September 1997, p. 5440-41.

For amendments to 31 March 2003 see Gazette
26 July 2002.]

3.            Part 5 amended

Part 5 is amended by renumbering -

(a)	regulation 6 as regulation 8;
(b)	regulation 7 as regulation 9;
(c)	regulation 8 as regulation 10, and subregulations (3) and (4) of that regulation as subregulations (2) and (3) respectively; and
(d)	regulation 9 as regulation 11.

4.            Part 6 inserted

Before Schedule 1 the following Part is inserted -

Part 6 - Bargaining for industrial agreement

12.          Notice initiating bargaining

A notice given under section 42(1) of the Act -

(a)	may be given in the form of GFB 1 in Schedule 3; and
(b)	must be accompanied by all of the particulars set Out in that form.

13.          Response to notice initiating bargaining

A person to whom a notice is given under section 42(1)

of the Act may notify the initiating party of his or her
response in the form of GFB 2 in Schedule 3.

14.          Notice and response to be given to Commission

(1)	A notice given under section 42(1) of the Act, or a response under section 42A(1) of the Act, cannot be admitted in any proceeding or conference before the Commission unless a copy of that notice or response has been filed in the office of the Registrar of the Commission at least 7 days before the proceeding or conference.
(2)	Subregulation (1) does not apply in respect of an
application under section 42A(2). ,,

2518 GOVERNMENT GAZETTE, WA 29 June 2004

5.            Schedule 1 amended

Schedule 1 is amended as follows:

(a) by deleting "[r.7]" and inserting instead -

46

Er. 9] ";

(b) by deleting item 1 and inserting the following item instead -

46  

1 For filing a claim under section 29(1)(b)

of the Act 50.00

6.            Schedule 2 amended

Schedule 2 is amended by deleting "[r.7]" and inserting instead -

" [r. 9] ".

7. Schedule 3 inserted
After Schedule 2 the following Schedule is inserted -

Schedule 3 - Forms

GFB 1

[r. 121

Industrial Relations Act 1979

NOTICE TO INITIATE BARGAINING

To ...........................................................................................................

(name of party being given notice)'

Takenotice that ......................................................................................

(name of party giving notice)

has this .........day of..................given notice initiating bargaining for
an industrial agreement.

1.       Types of employment to be covered by agreement2

2.         Area in which a2reement is to onerate

29 June 2004 GOVERNMENT GAZETTE, WA 2519

Intended parties to the agreement

Signature of party giving notice

This notice is not to be given to an organisation or association of employers unless that organisation or association has given written consent to being given such notice.

2 11011 employment is intended to be covered then state that. If is not intended to cover

all the employment, spec6 by classification or occupation and specfy whether

full-time, part-time and casual employment is to be covered.

3 Nominate the area of the State (eg. whole State or metropolitan area or north of the

26" parallel) as well as any particulars relating to the employers 'premises.

4 Ifthe intention is for the initiating party to bargain as a collective group, specify the

other parties who will comprise that group

INFORMATION FOR RECIPIENTS OF NOTICE TO

INITIATE BARGAINING

The party who gave you this notice (the "initiating party") is seeking to

negotiate an industrial agreement which will bind you in respect of the

employees in the employment identified in the particulars of the notice.

The initiating party is also seeking to negotiate the agreement within the requirements of the good faith bargain provisions of the Industrial Relations

Act 1979. These provisions place certain procedural requirements on the

negotiating parties to assist them to reach agreement. These procedural

requirements can be enforced by the Western Australian Industrial Relations

Commission.

If you wish to enter into negotiations for an industrial agreement, you should notify the initiating party within 21 days of receiving this notice.

Note: Documents served by post are deemed received 2 working days after they are

posted. The response may be in the form of the attached GFB 2.

If there are other parties identified in the notice as intended parties to the agreement and you wish to negotiate separately with the initiating party, you may make an application to the Western Australian Industrial Relations Commission for a direction that you may negotiate separately.

Note: You must still respond to the initiating party within 21 days of receiving the

notice if you wish to enter into negotiations for an industrial agreement.

If you do not wish to enter into negotiations for an industrial agreement, you

do not need to take any action. Alternatively, you may notify the initiating party that you will not enter into negotiations for an industrial agreement. You may use GFB 2 for the notification.

If you do not enter into negotiations for an industrial agreement, the initiating party may apply to the Western Australian Industrial Relations Commission for an enterprise order which will determine the pay and conditions for employees who were proposed to be covered by the industrial agreement.

GFB 2

[r. 13]

Industrial Relations Act 1979

RESPONSE TO INITIATION OF BARGAINING

To.......................................................................................................

(name of party who provided notice initiating bargaining)

2520 GOVERNMENT GAZETTE, WA 29 June 2004

Take notice that

(name of party responding to notice)

has this day of responded to the notice and:

CI	wishes to enter into negotiations for an industrial agreement.
CI	does not wish to enter into negotiations for an industrial agreement. (tick appropriate box)

Signature of party responding to notice

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.