Industrial Relations Act 1979 (WA)

Western Australia Industrial Relations Act 1979 Western Australia Industrial Relations Act 1979 Contents Part I — Introductory 1. Short title 1 2. Commencement 1 3. Application of Act off‑shore 1 4. Repeal 1 6. Objects of Act 1 7. Terms used 1 7A. Determining whether individual is employee or person is employer 1 7B. Determining whether employee is casual employee 1 Part II — The Western Australian Industrial Relations Commission Division 1 — Constitution of the Commission 8. Commission constituted 1 9. Qualifications for appointment of Chief Commissioner 1 10. Age limit for commissioners 1 11. Oath of office and secrecy 1 12. Commission is court of record etc. 1 13. Protection of commissioners and others 1 14. Exercise of powers and jurisdiction of Commission 1 14A. Dual federal and State appointments 1 14B. Performance of duties by dual federal and State appointees 1 15. Constitution of Full Bench and Commission in Court Session 1 16. Chief Commissioner's functions 1 16A. Delegation by Chief Commissioner 1 17. Appointment of acting commissioners 1 18. Extending appointments 1 19. Duty of commissioners 1 20. Conditions of service of commissioners 1 21. Resignation from office 1 22. Tenure subject to good behaviour 1 Division 2 — General jurisdiction and powers of the Commission 22B. Commission to act with due speed 1 23. Jurisdiction of Commission 1 23A. Unfair dismissal claims, Commission's powers on 1 23B. Third party involvement in employment claim, Commission's powers to prevent etc. 1 24. Industrial matters, Commission may decide what are 1 24A. Onus of proving individual is or was not employee 1 25. Allocation of industrial matters by Chief Commissioner 1 26. Commission to act according to equity and good conscience 1 27. Powers of Commission 1 28. Powers in s. 27 may be exercised at any time after matter lodged 1 29. Who may refer industrial matters to Commission 1 29AA. Certain claims not to be determined 1 29A. Proposed award etc., service of etc. 1 29B. Parties to proceedings 1 29C. Deciding which organisation to be party to award, order or industrial agreement relating to government officers 1 30. Minister may intervene on behalf of State 1 31. Representation of parties to proceedings 1 32. Conciliation and arbitration of industrial matters 1 32A. Conciliation and arbitration functions of Commission are unlimited 1 33. Evidence before Commission 1 33A. Misconduct before Commission 1 34. Decisions of Commission, form of and review of 1 35. Decision to be first drawn up as minutes 1 36. Copy of decision must be given to parties and be available for inspection 1 Division 2AA — Certain industrial matters relating to public sector employment Subdivision 1 — Preliminary 36AA. Industrial matters relating to public sector employment 1 Subdivision 2 — Certain industrial matters relating to government officers 36AB. Meaning of government officer 1 36AC. Commission's additional power of review for industrial matters relating to government officers 1 36AD. Effective date of reclassification decision 1 36AE. No appeal from certain decisions relating to government officers 1 Subdivision 3 — Provisions related to certain substandard performance or disciplinary decisions or findings 36AF. Application of Subdivision 1 36AG. Commission's powers on exercising jurisdiction in relation to certain decisions or findings 1 36AH. Limit on Commission's powers in relation to lawful redeployment direction matters 1 Division 2A — Awards 36A. Non‑award employees, interim award for etc. 1 37. Effect, area of operation and duration of award 1 37A. Public sector awards and enterprise awards 1 37B. Private sector awards: general 1 37C. Private sector awards: limitations on making and varying 1 37D. Private sector awards: variations of the Commission's own motion 1 38. Named parties to awards 1 39. When award operates 1 40. Varying and cancelling awards generally 1 40A. Incorporation of industrial agreement provisions into awards by consent 1 40B. Power to vary awards to reflect statutory etc. requirements, to promote efficiency and to facilitate implementation 1 Division 2B — Industrial agreements 40C. Terms used 1 41. Industrial agreements, making, registration and effect of 1 41A. Which industrial agreements must not be registered under s. 41 1 42. Bargaining for industrial agreement, initiating 1 42A. Response to initiation of bargaining 1 42B. Bargaining for industrial agreements, good faith required etc. 1 42C. Code of good faith 1 42D. Duty of good faith does not require concluded industrial agreement 1 42E. Commission may assist bargaining 1 42F. Commission's power over negotiating parties restricted 1 42G. Parties may agree to Commission making orders as to terms of agreement 1 42H. Commission may declare that bargaining has ended 1 42I. Enterprise order, applying for and making 1 42J. Enterprise order, effect of 1 42K. Enterprise order, term of and varying etc. 1 42L. When bargaining ends 1 42M. Regulations for this Division 1 43. Industrial agreement, varying, renewing and cancelling 1 Division 2C — Holding of compulsory conferences 44. Compulsory conference, summoning, holding etc. 1 45. Conference etc. not to be held in relation to certain disputes about long service leave entitlement 1 Division 2D — Miscellaneous provisions relating to awards, orders and agreements 46. Interpretation of awards and orders by Commission 1 47. Defunct awards etc., cancelling; employers not in business etc., deleting from awards etc. 1 48A. Awards etc. to provide for dispute resolution 1 48B. Superannuation, provisions about in awards etc. 1 Division 2E — Appeals to the Full Bench 49. Appeal from Commission's decision 1 Division 2F — Keeping of and access to employment records and pay slips 49D. Employer's duties as to employment records 1 49DA. Employer obligations in relation to pay slips 1 49E. Access to employment records 1 49F. Enforcement of this Division 1 Division 2G — Right of entry and inspection by authorised representatives Subdivision 1 — Preliminary 49G. Terms used 1 Subdivision 2 — Right of entry and inspection 49H. Entry for discussions with employees 1 49I. Entry to investigate certain breaches 1 49K. No entry to premises used for habitation 1 49L. Right of entry permit must be shown to occupier on request 1 49M. Obstructing etc. rights etc. under this Division etc. 1 Subdivision 3 — Right of entry permits 49N. Application for right of entry permit 1 49O. Commission may issue right of entry permit 1 49P. Deciding whether nominated representative is fit and proper person 1 49Q. Form of right of entry permit 1 49R. Expiry of right of entry permit 1 49S. Commission may decide on later expiry day 1 Subdivision 4 — Imposing or changing conditions, suspending or revoking right of entry permit 49T. When Commission may impose or change conditions, suspend or revoke right of entry permit 1 49U. When right of entry permit is suspended 1 49V. Revocation of right of entry permit on application of secretary of organisation 1 Subdivision 5 — Miscellaneous 49W. Return of right of entry permit 1 49X. Commission's powers on dispute about right of entry or investigation 1 49Y. Limit on Commission's jurisdiction in relation to awards, orders and agreements 1 Division 3 — General Orders 50. General Orders, nature of and making 1 50A. Rates of pay etc. for MCE Act and awards, annual State Wage order as to 1 50B. Apprentices, matters relevant to setting rates for in State Wage order 1 51A. Public sector discipline, General Orders as to 1 51B. General Order not to set minimum condition set by MCE Act 1 51BA. Notice of hearing to make General Order 1 51BB. Right to be heard before General Order made 1 51BC. Commissioner may deal with certain proceedings 1 51BD. Awards etc. affected by General Order, publication of 1 51BE. Publication of order 1 Division 3AA — Bullying at work and sexual harassment in connection with work Subdivision 1 — Preliminary 51BF. Terms used 1 51BG. Person conducting a business or undertaking 1 51BH. Worker 1 Subdivision 2 — Bullying at work 51BI. Worker bullied at work 1 51BJ. Worker may make stop bullying application 1 51BK. Dealing with stop bullying application 1 51BL. Power to dismiss stop bullying applications involving covert operations 1 51BM. Commission may make stop bullying order 1 51BN. Matters to be taken into account in considering terms of stop bullying order 1 51BO. Person must comply with stop bullying order 1 51BP. Enforcement of contravention of stop bullying order 1 Subdivision 3 — Sexual harassment in connection with work 51BQ. Meaning of sexually harasses 1 51BR. Sexual harassment in connection with work prohibited 1 51BS. Vicarious liability for sexual harassment in connection with work 1 51BT. Aggrieved person may commence sexual harassment proceeding 1 51BU. Time for commencing sexual harassment proceeding 1 51BV. Dealing with sexual harassment proceeding 1 51BW. Power to dismiss stop sexual harassment application involving covert operations 1 51BX. Commission may make stop sexual harassment order 1 51BY. Matters to be taken into account in considering terms of stop sexual harassment order 1 51BZ. Commission may make declarations and orders for referrals 1 51BZA. Person must comply with order made by Commission 1 51BZB. Enforcement of contravention of order 1 51BZC. Enforcement of contravention of prohibition on sexual harassment 1 51BZD. Restrictions on multiple actions 1 51BZE. Other laws not excluded or limited 1 Division 3A — MCE Act matters Subdivision 1 — Preliminary 51C. Terms used 1 Subdivision 2 — Disputes relating to flexible working arrangement requests 51D. Flexible working arrangement dispute 1 51E. Restriction on application for compulsory conference 1 51F. Commission may make certain declarations on deciding dispute by arbitration 1 51G. Commission may make flexible working arrangement order 1 51H. Employer must comply with flexible working arrangement order 1 51HA. Enforcement of contravention of order 1 51HB. Enforcement of minimum condition of employment relating to flexible working arrangement request 1 51HC. Restriction on multiple actions 1 Subdivision 3 — Casual employees' loading 51I. Casual employees' loading, setting for MCE Act s. 11 1 51J. Notice of hearings 1 51K. Right to be heard before order made 1 51L. Limits on orders made under section 51I 1 51M. Publication of orders 1 51N. Variation and rescission of s. 51I orders 1 Division 3B — Equal remuneration 51O. Equal remuneration orders 1 51P. Employer not to reduce remuneration 1 51Q. Alternative remedies 1 51R. Remuneration‑related action 1 Division 4 — Registered organisations and associations 52. Terms used 1 52A. Counterpart federal body 1 53. Organisations of employees that may be registered 1 54. Organisations of employers that may be registered 1 55. Applications for registration under s. 53 or 54 1 56. Rules of organisations to provide for secret ballots etc. at elections 1 56A. Casual vacancies, rules as to filling 1 57. Elections by direct voting system to be by secret postal ballot 1 58. Registering organisations, rules etc. 1 59. Names of registered organisations, restrictions on 1 60. Organisation becomes incorporated on registration 1 61. Effect of registration 1 62. Altering registered rules 1 63. Records, organisations' duties as to etc. 1 64. Membership register, Registrar may direct rectification of etc. 1 65. Accounts of organisation, audit and filing of 1 65A. Auditor's powers 1 66. Power of Chief Commissioner to deal with rules of organisation 1 67. Registering associations 1 68. Declaration as to certain functions 1 69. Election, conduct of by Registrar or Electoral Commissioner 1 70. Offences in relation to elections 1 71. Rules of State and federal organisations as to membership and offices 1 71A. State organisation may adopt rules of federal organisation 1 72. Amalgamated organisations, registration of 1 72A. Orders as to the employees represented by employee organisation 1 72B. AMA may represent interests of medical practitioners 1 73. Cancelling and suspending registration of organisation, procedure for 1 Division 5 — Duties of officers of organisations 74. Finance official's duties 1 75. Auditor to report on compliance with s. 74 duties 1 77. Duty under s. 74, enforcing 1 78. Failure to comply with s. 77(2)(e) order 1 79. Proceedings under s. 77, effect on or of other proceedings 1 80. Disqualification from office for breach of s. 74 duty 1 Part 2AA — Employers declared not to be national system employers Division 1 — Declarations 80A. Employers declared not to be national system employers 1 Division 2 — Change from federal to State system 80B. Terms used 1 80BA. Operation of awards, industrial agreements or orders 1 80BB. New State instruments 1 80BC. Amendment of new State instruments 1 80BD. Ability to carry over matters 1 80BE. References in new State instruments to federal industrial authority and General Manager 1 80BF. References in new State instruments to provisions of Commonwealth laws 1 80BG. References in new State instruments to federal organisations 1 80BH. Named parties to new State instruments 1 80BI. Employment under old federal instrument 1 80BJ. Leave accrued immediately before relevant day 1 80BK. Leave taken under old federal instrument 1 Part IIB — Enquiries 80ZE. Minister may refer matter to Commission for enquiry 1 Part IIC — Arrangements with other industrial authorities 80ZF. Term used: FW Commission 1 80ZG. Joint proceedings of Commission and FW Commission 1 80ZH. Referring matters to FW Commission for determination under this Act 1 80ZI. Conferences with other industrial authorities 1 80ZJ. Commission may exercise powers conferred by FW Act or prescribed enactments 1 Part III — Enforcement of Act, awards, industrial agreements and orders Division 1 — Industrial magistrate's court 81. Industrial magistrate's courts established 1 81A. Jurisdiction of industrial magistrate's court 1 81AA. Terms used 1 81B. Industrial magistrate's courts, constitution of 1 81C. Sittings of industrial magistrate's courts 1 81CA. Procedure etc. of industrial magistrate's courts 1 81CAA. Onus of proving individual is or was not employee 1 81CB. Industrial magistrate's court judgments, enforcement of 1 81D. Clerks of industrial magistrate's courts 1 81E. Representation of parties in industrial magistrate's court 1 81F. Industrial magistrate's court records, access to 1 81G. Industrial inspectors may assist industrial magistrate's court 1 Division 2 — Enforcement generally 82. Jurisdiction of Full Bench 1 82A. Time limit for certain applications 1 83. Enforcing awards etc. 1 83A. Underpayment of employee, orders to remedy 1 83B. Unfair dismissal, enforcing s. 23A order as to 1 83C. Costs of enforcement orders under s. 83, 83A and 83B 1 83D. Offences under this Act, jurisdiction as to 1 83E. Proceedings for contravening civil penalty provisions 1 83EA. Serious contravention of entitlement provision or civil penalty provision 1 83EB. Employer to have burden of disproving certain allegations by applicant under s. 83 1 83F. Costs and penalties, payment of 1 84. Appeal from industrial magistrate's court to Full Bench 1 84AA. Illegal contracts of employment may be treated as valid 1 84A. Certain contraventions of Act, enforcement of before Full Bench 1 Division 3 — Civil infringement notices 84B. Terms used 1 84C. Giving civil infringement notice 1 84D. Content of civil infringement notice 1 84E. Amount of civil infringement notice penalty 1 84F. Time for payment of civil infringement notice penalty 1 84G. Extension of time to pay civil infringement notice penalty 1 84H. Withdrawal of civil infringement notice 1 84I. Effect of payment of civil infringement notice penalty 1 84J. Refund of civil infringement notice penalty 1 Division 4 — Enforceable undertakings 84K. Terms used 1 84L. Application of Division 1 84M. Enforceable undertaking 1 84N. Enforcement of enforceable undertakings 1 Division 5 — Compliance notices 84O. Terms used 1 84P. Application of Division 1 84Q. Giving compliance notice 1 84R. Relationship with enforceable undertakings 1 84S. Relationship with proceedings under s. 83 1 84T. Person must comply with compliance notice 1 84U. Review of compliance notices 1 84V. Withdrawal of compliance notice 1 Part IV — Western Australian Industrial Appeal Court 85. Constitution of Court 1 86. Jurisdiction of Court 1 87. Decision of Court 1 88. Judgments, enforcement of 1 90. Appeal from Commission to Court 1 91. Representation before Court 1 91A. Court's power to order costs and expenses 1 92. Contempt, Court's powers as to 1 Part V — The Registrar and other officers of the Commission 93. Appointment and duties of officers 1 94. Authority of officers to do acts as directed 1 95. Deputy registrar's functions 1 96. Delegation by Commission to Registrar 1 Part VIA — Freedom of association 96A. Terms used 1 96B. Awards etc. not to contain certain provisions about membership of organisations 1 96C. Discrimination because of membership of organisation, offence 1 96D. Discriminatory etc. acts against persons performing work for employers because of membership or non‑membership of employee organisation, offence 1 96E. Discriminatory etc. acts against persons because of non‑membership of employee organisation, offence 1 96F. Penalties under s. 96C, 96D and 96E, provisions about 1 96G. Criminal responsibility of officers etc. for offences in s. 96C, 96D and 96E 1 96H. Criminal responsibility of corporations etc. for offences in s. 96C, 96D and 96E 1 96I. Evidentiary provisions for s. 96C, 96D and 96E 1 96J. Court may order compliance with s. 96C, 96D or 96E 1 96K. Appeal against decision under s. 96J 1 96L. Other court orders after conviction under s. 96C, 96D or 96E 1 Part 6B — Protection of employee rights Division 1 — Preliminary 97. Terms used 1 Division 2 — Damaging action 97A. Damaging action because of inquiry or complaint 1 97B. Court orders to employers 1 97C. Court orders to third parties 1 Division 3 — Sham contracts for services 97D. Misrepresenting contract of employment as contract for services 1 97E. Dismissing to engage under contract for services 1 97F. False statement to engage under contract for services 1 97G. Court orders to employers 1 Division 4 — Miscellaneous 97H. Certain advertising prohibited 1 Part VID — Employer‑employee agreements Division 1 — Preliminary 97U. Terms used 1 Division 2 — The making of an EEA 97UA. Employer and employee may make EEA 1 97UB. EEA may deal with post‑employment matters 1 97UC. Other provisions about making EEA 1 97UD. Making of EEA by person with a mental disability 1 97UE. Effect of EEA 1 97UF. EEA not to be made while industrial agreement in operation 1 97UG. Documents etc. to be given to employee before EEA signed 1 97UH. Application of s. 97UG if draft EEA amended 1 97UI. EEA information statement, form of (s. 97UG(2)(b)) 1 97UJ. Bargaining agents, appointing etc. 1 97UK. Prohibited conduct relating to bargaining agents 1 Division 3 — Form and content of EEA 97UL. Form of EEA 1 97UM. Additional formalities for EEA made with employee under 18 1 97UN. EEA must provide for resolution of disputes 1 97UO. EEA dispute provisions, content of 1 97UP. Commission may be specified as arbitrator 1 Division 4 — Commencement, duration and variation 97UQ. New employee, when EEA commences 1 97UR. Existing employee, when EEA commences 1 97US. Expiry of EEA 1 97UT. Employment conditions applicable on expiry of EEA 1 97UU. EEA cannot be varied 1 97UV. Cancelling EEA 1 97UW. Termination of employment, effect of on EEA 1 Division 5 — Registration of EEAs Subdivision 1 — Preliminary 97UX. Delegation by Registrar 1 Subdivision 2 — Registration 97UY. Lodgment of EEA for registration 1 97UZ. EEA with new employee, effect of not lodging 1 97V. Recovery of money if s. 97UZ applies 1 97VA. Employment conditions of new employee if EEA not lodged 1 97VB. Registrar to be satisfied EEA is in order for registration 1 97VC. Registrar's powers for s. 97VB 1 97VD. Registrar to notify parties of certain deficiencies in EEA 1 97VE. Parties may correct deficiencies in EEA 1 97VF. Registration of EEA 1 97VG. Refusal of registration of EEA 1 97VH. When refusal has effect 1 97VI. EEA for new employee refused registration, effect ceases 1 97VJ. Recovery of money if s. 97VI applies 1 97VK. Employment conditions of new employee if registration refused 1 97VL. Registrar to provide copy of registered EEA 1 Subdivision 3 — Appeal against refusal of registration 97VM. Appeal against refusal of registration 1 97VN. Commission to notify parties of certain deficiencies in EEA 1 97VO. Parties may correct deficiencies in EEA 1 97VP. Determination of appeal 1 97VQ. Procedure on appeal 1 Division 6 — No‑disadvantage test Subdivision 1 — Definition 97VR. Terms used 1 97VS. No‑disadvantage test defined 1 97VT. Determining which award etc. is relevant for s. 97VS 1 97VU. All entitlements to be considered 1 97VV. Application of test if Supported Wage System applies 1 Subdivision 2 — Principles to be followed in application of no‑disadvantage test 97VW. Term used: Commission 1 97VX. Commission to establish principles and guidelines 1 97VY. Registrar and Commission to give effect to s. 97VX instrument 1 97VZ. Minister or peak industry body may seek amendment etc. of s. 97VX instrument 1 97W. Public comment to be sought before s. 97VX instrument amended etc. 1 97WA. How public comment to be sought 1 Division 7 — Register 97WB. Terms used 1 97WC. Register of EEAs 1 97WD. Inspection of register 1 97WE. Commission may exempt an EEA from inspection 1 97WF. Protected information not to be disclosed 1 97WG. Certified copies of EEAs 1 Division 8 — Disputes 97WH. Terms used 1 97WI. Arbitration jurisdiction of Commission 1 97WJ. Representation of parties 1 97WK. Referral of alleged delay in dispute resolution to Commission 1 97WL. Several disputes may be subject of one arbitration 1 97WM. Arbitrator's power to obtain information 1 97WN. Orders and determinations of arbitrators 1 97WO. Orders and determinations, form of etc. 1 97WP. Enforcing orders and determinations 1 97WQ. Industrial magistrate's court not bound by arbitrator's interpretation of EEA 1 Division 9 — EEAs for persons with mental disabilities Subdivision 1 — Preliminary 97WR. Terms used 1 97WS. Guardianship and Administration Act 1990, relationship of this Division to 1 97WT. Registrar to notify Public Advocate of applications and orders for approval of representative 1 97WU. Public Advocate to notify Registrar of relevant guardianship orders 1 Subdivision 2 — Approval of person to act on behalf of person with a mental disability 97WV. Application for approval 1 97WW. Requirements for s. 97WV application 1 97WX. Forms for s. 97WW to be prescribed 1 97WY. Who may be approved as a representative 1 97WZ. Approval of representative 1 97X. Effect of s. 97WZ order 1 97XA. Refusal of approval 1 97XB. Appeal against refusal of approval 1 97XC. Determination of appeal 1 Subdivision 3 — Functions of representative 97XD. Functions 1 97XE. Effect of acts of representative 1 97XF. Duties of representative 1 Subdivision 4 — Termination of representative's authority to act 97XG. Duration of order approving representative 1 97XH. Resignation of representative 1 97XI. Revocation order, application to SAT for 1 97XJ. Right to be heard on s. 97XI application 1 97XK. SAT may make revocation order 1 97XL. Guardianship and Administration Act 1990, application of for s. 97XK 1 Subdivision 5 — Approval of new representative 97XM. Application for new approval where representative dies or approval is revoked 1 97XN. Approval of representative 1 97XO. Effect of s. 97XN order 1 97XP. Refusal of approval 1 97XQ. Appeal against refusal of approval 1 Subdivision 6 — Miscellaneous 97XR. Registrar's powers for s. 97WV and 97XM 1 97XS. EEA not affected by revocation of order or vacancy in position of representative 1 97XT. Register of s. 97WZ and 97XN orders 1 97XU. Certified copies of registered entry 1 97XV. Information obtained under this Division not to be disclosed 1 97XW. Procedure in proceedings under this Division 1 Division 10 — Certain conduct prohibited 97XX. Purpose of this Division 1 97XY. Enforcing prohibitions in this Division 1 97XZ. Making employment etc. conditional on EEA being entered into prohibited 1 97Y. Certain advertising prohibited 1 97YA. Exception to s. 97XZ and 97YB 1 97YB. Employer offering EEA to also offer other employment arrangements 1 97YC. Order for compliance with s. 97YB 1 97YD. Threats and intimidation as to EEA prohibited 1 97YE. Misinformation prohibited 1 97YF. Dismissal etc. because of refusal to make or cancel EEA prohibited 1 97YG. Breach of s. 97YF, court orders that may be made for 1 97YH. Burden of proof in s. 97YF proceedings 1 Division 11 — General 97YI. Review of Div. 5, 6 and 7 1 97YJ. Regulations 1 Part VII — Miscellaneous 98. Industrial inspectors, designation and functions of etc. 1 98A. Information obtained under s. 98 not to be disclosed 1 99A. Identity cards for industrial inspectors 1 99B. Production of identity card 1 99C. Staff for Department 1 99D. Designation of officers, generally 1 99. Wage rates in awards not affected by repeal of basic wage provisions 1 100. False or misleading statement about right to represent industrial interests 1 102. Obstruction etc. prohibited 1 102A. Institution of certain proceedings, powers of Registrar etc. for 1 103. Certain applications may relate to more than one breach 1 104. Prosecutions 1 105. Awards etc., evidence of 1 106. Official signatures and appointments, judicial notice of 1 107. No costs to be awarded against Registrar, deputy registrar or industrial inspector 1 108. Organisations and associations not affected by certain Imperial Acts 1 109. Dues payable to organisation or association may be sued for 1 110. Disputes between organisation or association and its members, how to be determined 1 111. No premiums etc. to be taken for employment 1 112. Certain rules of organisation as to penalties invalid 1 112A. Industrial agents, registration of 1 113. Regulations 1 114. Contracting out from awards etc. prohibited 1 115. Police officers, application of Act to (Sch. 3) 1 Part 8 — Transitional and savings provisions Division 1 — Transitional provisions for Industrial Relations Amendment Act 2018 116. Transitional provisions for Industrial Relations Amendment Act 2018 1 Division 2 — Savings and transitional provision for Industrial Relations Legislation Amendment Act 2021 117. Transitioned private sector awards 1 Division 3 — Transitional provisions for Industrial Relations Legislation Amendment Act 2024 118. Terms used 1 119. Interpretation Act 1984 not affected 1 120. Representation of parties to proceedings 1 121. Boards of Reference abolished 1 122. Existing authorities for entry and inspection by authorised representatives 1 123. Bullying and sexual harassment at work before commencement day 1 124. Office of public service arbitrator abolished 1 125. Public Service Appeal Board abolished 1 126. Railways Classification Board abolished 1 127. No costs to be awarded under section 107 1 128. Deletion of references to Mines and Metals Association 1 Schedule 1 — Matters to be published in the "Western Australian Industrial Gazette" Schedule 3 — Police officers 2. Application of Act to police officer 1 3. Western Australian Police Union of Workers, status of 1 Schedule 4 — Registration requirements for EEAs 1. When EEA is in order for registration 1 Schedule 5 — Powers to obtain information, and related provisions 1. Authorised person's powers to obtain information 1 2. Obstructing authorised person 1 3. False statement to authorised person 1 4. Failure to comply with cl. 1 requirement 1 5. Legal professional privilege overridden 1 6. Incriminating answers or documents 1 Schedule 6 — Transitional provisions Division 1 — Preliminary 1. Terms used 1 Division 2 — Provisions for President 2. Acting President: continuation in office 1 3. Past President's pension entitlements 1 4. Judicial notice of signature and appointment of President 1 Division 3 — Provisions for pending matters 5. Pending matters 1 6. Order under former s. 49 does not begin hearing of appeal 1 7. Notices and applications under former s. 55 1 8. Summonses under former s. 73 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms 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. Part I — Introductory 1. Short title This Act may be cited as the Industrial Relations Act 1979. [Section 1 amended: No. 94 of 1984 s. 4.] 2. Commencement The provisions of this Act shall come into operation on such day or days as is or are, respectively, fixed by proclamation. 3. Application of Act off‑shore (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, permit, or other authority, granted under a law of the State or by a public authority under or by virtue of which the industry is carried on. (3) The areas to which subsection (1) applies are — (a) that area situate west of 129° of east longitude reckoning from the meridian of Greenwich, that is part of the areas known as and comprised within — (i) the Australian fishing zone as defined by the Commonwealth Fisheries Act 1952 2; or (ii) the continental shelf, within the meaning of the Convention on the Continental Shelf a copy of which in the English language is set out in Schedule 1 to the Commonwealth Petroleum (Submerged Lands) Act 1967 3; (b) any other area seaward of the State to which from time to time the laws of the State apply or, by a law of the Commonwealth, are applied. (4) For the purposes of any proceedings under this Act an averment in the application or process is, in the absence of proof to the contrary, taken to be proved if it is either of the following — (a) that an employer was, pursuant to subsection (2), at a specified time or during a specified period or at all material times connected with the State; or (b) that any conduct, event, circumstance, or matter occurred, or that any place is situate, within an area referred to in subsection (3). (5) Subsections (1), (2), and (3) must not be construed as applying this Act to or in relation to any person, circumstance, thing, or place by reason only of the operation of paragraph (c) of the interpretation of the term industry set out in section 7(1) unless thi