Western Australian Current Acts Western Australian Current Acts (1) A decision made or
purported to be made under regulations referred to in section 95A to terminate
the employment of an employee or any matter, question or dispute relating to
the decision is not an industrial matter for the purposes of the
Industrial Relations Act 1979 .
(2) Despite subsection
(1), a decision made or purported to be made under regulations referred to in
section 95A(2), other than a decision to terminate the employment of an
employee, may be referred to the Industrial Commission —
(a)
under the Industrial Relations Act 1979 section 29(1)(a); or
(b) by
an employee or former employee aggrieved by the decision,
as if it were an
industrial matter that could be so referred under that Act.
(3) A referral under
subsection (2) must be made within the period after the making of the decision
that is prescribed under section 108.
(4) The
Industrial Relations Act 1979 applies to and in relation to a decision
referred under subsection (2) as if the decision were an industrial matter
referred to the Industrial Commission in accordance with that Act.
(5) In exercising its
jurisdiction in relation to a decision referred under subsection (2), the
Industrial Commission —
(a) must
confine itself to determining whether or not the employee concerned has been
allowed the benefits to which the employee is entitled under the regulations
referred to in section 95A(2)(b); and
(b) does
not have jurisdiction to exercise its powers under the
Industrial Relations Act 1979 section 23A.
[Section 96A inserted: No. 8 of 2014 s. 15.]