Industrial Relations Regulations (Consequential Amendments) Regulations 2022 (WA)
17 June 2022 GOVERNMENT GAZETTE, WA 3379 1R302
Industrial Relations Act 1979 Long Service Leave Act 1958
Industrial Relations Regulations (Consequential
Amendments) Regulations 2022
SL 2022/100
Made by the Governor in Executive Council.
Part 1 - Preliminary
1. Citation
These regulations are the Industrial Relations Regulations
(Consequential Amendments) Regulations 2022.2. Commencement
These regulations come into operation as follows
(a) Part 1 on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations on 20 June 2022.
Part 2 -Industrial Magistrates Courts (General
Jurisdiction) Regulations 2005 amended
3. Regulations amended
This Part amends the Industrial Magistrates Courts (General
Jurisdiction) Regulations 2005.
(1) In regulation 3(1)(a) delete "a Court" and insert: the court (2)
Delete regulation 3(2). 4. Regulation 1 amended
In regulation 1 delete "Magistrates Courts" and insert:
Magistrate's Court
5. Regulation 3 amended
| 3380 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
6. Regulation 4 amended
(1) In regulation 4 delete the definitions of: approved form
Board
Court
record
third party
third party claim(2) In regulation 4 insert in alphabetical order: CILSLP Board means the Construction Industry Long
Service Leave Payments Board established under the
Construction Industry Portable Paid Long Service
Leave Act 1985 section 5(1);
court means the industrial magistrate's court;
court-approved form means a form approved by the
Chief Magistrate for the purposes of the provision in
which the term is used;
practice direction has the meaning given inregulation 72;
(3) In regulation 4 in the definition of case:
(a) delete "a Court" and insert: the court
(b) delete "Court's" and insert:
court's (c) delete "the Act section 81CA(1);" and insert: section 81CA(1) of the Act;
(4) In regulation 4 in the definition of CIPPLSL case:
(a) delete "a Court" and insert: the court
(b) delete "Court's" and insert: court's
17 June 2022 GOVERNMENT GAZETTE, WA 3381
(c) after "section 83E" insert:
of the Act
(5) In regulation 4 in the definition of claim delete "a Court" and
insert:the court (6) In regulation 4 in the definition of corporation delete "by
section 57A of the Corporations Act 2001 of the
Commonwealth;" and insert:in the Corporations Act 2001 (Commonwealth) section 57A; (7) In regulation 4 in the definition of default judgment delete
"Court," and insert:court, (8) In regulation 4 in the definition ofjudgment delete "the Act
section 83E" and insert:section 83E of the Act (9) In regulation 4 in the definition of lodge delete "the" and insert: a
(10) In regulation 4 in the definition of officer delete "by section 9 of
the Corporations Act 2001 of the Commonwealth;" and insert:in the Corporations Act 2001 (Commonwealth) section 9; 7. Regulation 5 amended
(1) In regulation 5(1) delete "A Court is to" and insert: The court must (2) In regulation 5(2)(c) delete "a Court's" and insert: the court's
| 3382 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
8. Regulation 6 amended
(1) In regulation 6(1) and (2) delete "A Court" and insert: The court (2) In regulation 6(3):
(a) delete "Court" and insert: court
(b) delete "are to" and insert: must
(3) In regulation 6(4) delete "Court" and insert: court 9. Regulation 7 amended
In regulation 7(1):
(a) delete "A Court" and insert: The court
(b) in paragraph (a) delete "Court" and insert: court
(c) in paragraph (n)(iii) delete "Court" and insert: court
(d) in paragraph (n)(iv) delete "Court's" and insert: court's
(e) in paragraph (q)(ii) delete "him or her;" and insert: the expert witness;
(f) in paragraph (q)(iii) delete "a Court;" and insert: the court;
17 June 2022 GOVERNMENT GAZETTE, WA 3383
(g) in paragraph (q)(iv) delete "a Court order;" and insert: an order of the court;
10. Regulation 8 amended
(1) In regulation 8(1) delete "a Court" and insert: the court (2) In regulation 8(2) delete "a Court, a Court" and insert: the court, the court (3) In regulation 8(3A) and (3) delete "Court" and insert: court 11. Regulation 9 amended
(1) In regulation 9(1):
(a) delete "a Court" and insert: the court
(b) delete "is to" and insert: will
(c) delete "Court." and insert: court.
(2) In regulation 9(2) delete "Court" and insert: court 12. Regulation 10 amended
(1) In regulation 10(1) delete "Court," and insert: court,
| 3384 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
(2) In regulation 10(2) and (3) delete "Court" and insert: court (3) In regulation 10(4) delete his or her" and insert: the expert's 13. Regulation 11 amended
In regulation 11:
(a) delete "the Act section 77, 83, 83A, 83B or 83E, a Court" and insert: section 77, 83, 83A, 83B or 83E of the Act, the court
(b) delete "Court," and insert: court,
14. Regulation 12 amended
(1) Delete regulation 12(1) and insert:
(1) Except as provided in this regulation, if the court
orders a party to pay a sum of money, the court may
order the party to pay interest on the whole or any part
of the sum—
(a)
for the whole or any part of the period from the date when the cause of case arose to the date
when the order is made; and
(b)
at the rate prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a) for that period or part.
(2) In regulation 12(2):
(a) delete "a Court" and insert: the court
delete "Court" (2' and 3'd occurrence) and insert:b) court
17 June 2022 GOVERNMENT GAZETTE, WA 3385
(c) delete "is to" and insert: may
(3) In regulation 12(3) delete "the Act section 83A." and insert: section 83A of the Act. (4) In regulation 12(4):
(a) delete "a Court" and insert: the court
(b) delete "the Act section 83A, the Court" and insert: section 83A of the Act, the court
(c) delete "judgment" and insert: order
15. Regulation 13 amended
(1) In regulation 13(1) delete "approved form." and insert: court-approved form. (2) In regulation 13(3) delete "an approved form that may be used"
and insert:
the court-approved form (3) In regulation 13(4) delete "or third party claim" (each
occurrence).(4) In regulation 13(5):
(a) delete "Court" and insert: court
(b) delete "or third party claim" (each occurrence).
| 3386 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
16. Regulation 14 amended
(1) In regulation 14(1)(a) and (b) delete "Perth Court," and insert: court's registry, (2) In regulation 14(4):
(a) delete "a Court" and insert: the court
(b) delete "Court." and insert: court.
17. Regulation 18 amended
(1) In regulation 18(1)(a):
(a) delete "Court" and insert: court
(b) delete "Commission" and insert: court
(2) In regulation 18(1)(c) delete "or third party claim". (3) In regulation 18(2)(a) delete "approved form" and insert:
court-approved form 18. Regulation 21 amended
(1) In regulation 21(1) delete "Court." and insert: court. (2) In regulation 21(2) delete "Court" and insert: court
17 June 2022 GOVERNMENT GAZETTE, WA 3387
(3) In regulation 21(3):
(a) delete "Court" and insert: court
(b) delete "to be" (iSt occurrence); (c) delete "Court." and insert: court.
19. Regulation 23 amended
In regulation 23(2) delete "to be" (Pt occurrence).20. Regulation 34 deleted
Delete regulation 34.21. Regulation 35A amended
(1) In regulation 35A(1):
(a) delete "Court" and insert: court
(b) in paragraph (a) delete "is to" and insert: must
(2) In regulation 35A(2) delete "Court" and insert: court
22. Regulation 35 amended
(1) In regulation 35(1) delete "Court" and insert: court (2) In regulation 35(2):
(a) delete "A Court" and insert: The court
(b) delete "Court" (2fld occurrence) and insert: court
| 3388 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
(3) Delete regulation 3 5(3) and insert:
(3) The court may adjourn a trial to a fixed date as the
court thinks fit.(4) In regulation 35(4) delete "a Court hearing a trial" and insert: the court 23. Regulation 37 amended
(1) In regulation 37(1) delete "approved form" and insert: court-approved form (2) In regulation 37(4):
(a) delete "A party which issues" and insert: The party that lodges
(b) delete "subsection (3)" and insert: subregulation (3) In regulation 37(5) delete "subsection (3)" and insert:
(3)
subregulation (3)
(4)
In regulation 37(6) delete "subsection (5) it is to be presumed that the information is true," and insert:
subregulation (5), the information is presumed to be true
24. Regulation 40 amended
(1) In regulation 40(1) delete "approved form," and insert: court-approved form (2) In regulation 40(2):
(a) delete "Court" and insert: court
17 June 2022 GOVERNMENT GAZETTE, WA 3389
(b) delete "Court." and insert: court.
(3) In regulation 40(3) delete 'approved form and" and insert: court-approved form 25. Regulation 41 amended
(1) In regulation 41 (1) delete "a Court" and insert: the court (2) In regulation 41(2) and (3):
(a) delete "a Court" and insert: the court
(b) delete order" and insert: judgment
26. Regulation 42 deleted
Delete regulation 42.27. Regulation 43 amended
In regulation 43 delete "in accordance with this Part at the Court registry referred to in regulation 44" and insert:
with the court in accordance with this Part
28. Regulation 44 deleted
Delete regulation 44.
29. Regulation 45 amended
In regulation 45(1) delete "relevant Court's" and insert:
court's
| 3390 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
30. Regulation 46 amended
(1) In regulation 46(2):
(a) delete "Registrar" and insert: clerk
(b) delete "Court." and insert: court.
(2) In regulation 46(3) delete "Court's" (each occurrence) and
insert:court's (3) In regulation 46(6)(b)(ii) delete "Court." and insert: court. (4) In regulation 46(7):
(a) delete "a Court is to be" and insert: the court is
(b) in paragraphs (a) and (b) delete "Court's" and insert: court's
(5) In regulation 46(8):
(a) delete "a Court" and insert: the court
(b) delete "Court's" and insert: court's
(c) delete "to be"; (d) delete "Court." and insert: court.
17 June 2022 GOVERNMENT GAZETTE, WA 3391 31. Regulation 47 amended
(1) In regulation 47(2) delete "A Court" and insert: The court (2) In regulation 47(3) delete "relevant Court's" and insert: court's (3) In regulation 47(4) delete "a Court is to be" and insert: the court is (4) In regulation 47(5):
(a) delete "a Court" and insert: the court
(b) in paragraph (c) delete "Court" and insert: court
(5) In regulation 47(6)(c):
(a) delete "Court," and insert: court,
(b) delete "Court." and insert:
court.
(6) In regulation 47(7):
(a) delete "Court is to be" and insert: court is
(b) in paragraphs (a) and (b) delete "Court's" and insert: court's
| 3392 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
(7) In regulation 47(8):
(a) delete "Court is to be" and insert: court is
(b) delete "Court" (2fld occurrence) and insert: court
32. Regulation 48 amended
In regulation 48:
(a) delete "Court" and insert: court
(b) delete "facsimile" and insert: digital version
(c) delete "Court's" (each occurrence) and insert: court's
(d) delete "to be"; (e) delete "Court," and insert: court,
(1) delete "Court." and insert:
court.
33. Regulation 49 amended
(1) In regulation 49(1):
(a) delete "Court" and insert: court
(b) delete "to be".
(2) In regulation 49(2) delete "Court" (each occurrence) and insert: court
17 June 2022 GOVERNMENT GAZETTE, WA 3393
(3) In regulation 49(3) delete "to be" (Pt occurrence). 34. Regulation 52 amended
(1) In regulation 52(1) and (2) delete "is to" and insert: must (2) In regulation 52(4) delete "approved form." and insert: court-approved form. 35. Regulation 53 amended
In regulation 53(3)(c) before "Board." insert:
CILSLP
36. Regulation 54 amended
In regulation 54(2)(c) before "Board." insert:
CILSLP
37. Regulation 57 amended
(1) In regulation 57(4) delete "to be". (2) In regulation 57(6) delete "approved form." and insert: court-approved form.
38. Regulation 60 amended
In regulation 60 delete "to be".
39. Regulation 61 amended
(1) In regulation 61(1):
(a) delete "a Court order" and insert: an order of the court
(b) delete "approved form" and insert: court-approved form
| 3394 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
delete "Court" (2nd occurrence) and insert:
(c)
court
(2) In regulation 6 1(3) delete 'Court," and insert: court, 40. Regulation 64 amended
In regulation 64(2):
(a) delete "a Court" and insert: the court
(b) delete "Court" (2fld and 3' occurrences) and insert: court
41. Regulation 65 amended
(1) In regulation 65(1):
(a) delete "a Court" and insert: the court
(b) delete "Court" (2fld occurrence) and insert: court
(2) In regulation 65(2):
(a) delete "Court" and insert: court
(b) delete paragraph (a) and insert:
(a) has been informed of a litigation guardian's
liability under subregulation (3); and
(3) In regulation 65(3) delete "Court" and insert: court
17 June 2022 GOVERNMENT GAZETTE, WA 3395 42. Regulation 66 amended
In regulation 66 delete "a Court" and insert:
the court
43. Regulation 67 amended
(1) In regulation 67(1) delete "a Court" and insert: the court (2) In regulation 67(2) delete "Court" and insert: court 44. Regulation 69 amended
In regulation 69:
(a) delete "Court" and insert: court
(b) delete "approved forms" and insert: court-approved forms
(c) in paragraph (a) delete "each Court's" and insert: the court's
45. Regulation 72 amended
In regulation 72:
(a) delete "(to be called practice directions)" and insert: (a practice direction)
(b) delete "Court and its registries." and insert: court and its registry.
| 3396 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
46. Regulation 73 amended
(1) In regulation 73(2) delete "Court" and insert: court (2) In regulation 73(3) delete "A Court hearing an application under
subregulation (1) may affirm, vary or set aside the decision as
the Court" and insert:The court may affirm, vary or set aside the decision as the court 47. Various references to "approved form" amended
In the provisions listed in the Table delete "approved form" and insert:
court-approved form
Table
r. 15 r. 29(2) r. 30(2) r. 32(2) r. 33(2) r. 68 48. Various references to "Court" amended
In the provisions listed in the Table delete "Court" (each occurrence) and insert:
court Table
r. 24(4) r. 33(3) r. 36 r. 38(2) r. 39 r. 50(a) r. 70
17 June 2022 GOVERNMENT GAZETTE, WA 3397 Note: The headings to the amended regulations listed in the Table are to
read as set out in the Table.
Table
Amended regulation Regulation heading r. 4 Terms used r. 8 Court's powers to deal with default by party r. 10 Use of experts
r. 11 Court's power to order costs
r. 12 Court's power to order payment of interest r. 13 Making claim or counterclaim r. 14 Response to claim r. 18 General duties and powers of clerk at pre-trial
conferencer. 21 Failure to comply with order r. 23 Status of things said or done at pre-trial conference r. 33 Response to invitation to admit r. 37 Issuing witness summons r. 43 Meaning of lodge r. 48 Court's seal may be applied electronically r. 50 Meaning of serve r. 61 Making application r. 67 Settlement of claims by or against person under legal
disabilityr. 68 Form of affidavit Part 3 - Industrial Relations (General)
Regulations 1997 amended
49. Regulations amended
This Part amends the Industrial Relations ('General)
Regulations 1997.50. Regulation 3 inserted
At the end of Part 1 insert:
3. Term used: Clerk
In these regulations
Clerk means the clerk of the Court.
| 3398 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
51. Part 2 heading replaced
Delete the heading to Part 2 and insert:
Part 2 - Employment records
52. Part 4 inserted
After regulation 6 insert:
Part 4 - Employers declared not to be national
system employers
7. Employers declared not to be national system
employers (Act s. 80A(2))For the purposes of section 80A(2) of the Act, each employer specified in Schedule 4 is declared not to be a national system employer for the purposes of the FW Act.
53. Regulation 8 deleted
Delete regulation 8.
54. Schedule 1 amended
In Schedule 1 item 1 delete "filing a claim under section 29(1)b)" and insert:
referring an industrial matter under section 29(1)(c), (d) or (e)
55. Schedule 4 inserted
After Schedule 3 insert:Schedule 4— Employers declared not to be
national system employers
[r. 7]
Division 1 - Local government employers
Table
City of Albany City of Armadale Shire of Ashburton Shire of Augusta Margaret River Town of Bassendean City of Bayswater
17 June 2022 GOVERNMENT GAZETTE, WA 3399
City of Belmont Shire of Beverley Shire of Boddington Shire of Boyup Brook Shire of Bridgetown-Greenbushes Shire of Brookton Shire of Broome Shire of Broomehill-Tambellup Shire of Bruce Rock City of Bunbury City of Busselton Town of Cambridge City of Canning Shire of Capel Shire of Carnamah Shire of Carnarvon Shire of Chapman Valley Shire of Chittering Town of Claremont City of Cockburn Shire of Collie Shire of Coolgardie Shire of Coorow Shire of Corrigin Town of Cottesloe Shire of Cranbrook Shire of Cuballing Shire of Cue Shire of Cunderdin Shire of Dalwallinu Shire of Dandaragan Shire of Dardanup Shire of Denmark Shire of Derby-West Kimberley Shire of Donnybrook-B alingup Shire of Dowerin Shire of Dumbleyung Shire of Dundas
Town of East Fremantle Shire of East Pilbara Shire of Esperance Shire of Exmouth City of Fremantle Shire of Gingin Shire of Gnowangerup Shire of Goomalling City of Gosnells City of Greater Geraldton Shire of Halls Creek Shire of Harvey Shire of Irwin Shire of Jerramungup City of Joondalup City of Kalamunda City of Kalgoorlie-Boulder City of Karratha Shire of Katanning Shire of Kellerberrin
| 3400 | GOVERNMENT GAZETTE, WA | 17 June 2022 |
Shire of Kent Shire of Kojonup Shire of Kondinin Shire of Koorda Shire of Kuhn City of Kwinana Shire of Lake Grace Shire of Laverton Shire of Leonora City of Mandurah Shire of Manjimup Shire of Meekatharra City of Melville Shire of Menzies Shire of Merredin Shire of Mingenew Shire of Moora Shire of Morawa Town of Mosman Park Shire of Mount Magnet Shire of Mount Marshall Shire of Mukinbudin Shire of Mundaring Shire of Murchison Shire of Murray Shire of Nannup Shire of Narembeen Shire of Narrogin City of Nedlands Shire of Ngaanyatjarraku Shire of Northam Shire of Northampton Shire of Nungarin Shire of Peppermint Grove Shire of Perenjori City of Perth Shire of Pingelly Shire of Plantagenet
Town of Port Hedland Shire of Quairading Shire of Ravensthorpe City of Rockingham Shire of Sandstone Shire of Serpentine-Jarrahdale Shire of Shark Bay City of South Perth City of Stirling City of Subiaco City of Swan Shire of Tammin Shire of Three Springs Shire of Toodyay Shire of Trayning Shire of Upper Gascoyne Town of Victoria Park Shire of Victoria Plains City of Vincent Shire of Wagin
17 June 2022 GOVERNMENT GAZETTE, WA 3401
Shire of Wandering City of Wanneroo Shire of Waroona Shire of West Arthur Shire of Westonia Shire of Wickepin Shire of Williams Shire of Wiluna Shire of Wongan-Ballidu Shire of Woodanilling Shire of Wyalkatchem Shire of Wyndham-East Kimberley Shire of Yalgoo Shire of Yilgarn Shire of York Division 2 — Regional local government employers
Table
Bunbury Harvey Regional Council Eastern Metropolitan Regional
CouncilMindarie Regional Council Murchison Regional Vermin
CouncilResource Recovery Group Rivers Regional Council Tamala Park Regional Council Western Metropolitan Regional
CouncilNote: The heading to regulation 4 is to read:
How employment records must be kept (Act s. 49D(3))
Part 4 — Long Service Leave Regulations 1997
amended
56. Regulations amended
This Part amends the Long Service Leave Regulations 1997.
57. Regulation 3 amended
In regulation 3(1), (2) and (3) delete "purpose of
section 4(2)(d)" and insert:
purposes of section 7C(2)(b)
Note: The heading to amended regulation 3 is to read:
Prescribed rate for cash value of board and lodging
(Act s. 7C(2)(b))
V. MOLAN, Clerk of the Executive Council.
0
0
0