Western Australian Current Acts Western Australian Current Acts[s. 12A]
Division 1 — WorkSafe Commissioner
1 . Appointment of WorkSafe Commissioner
(1) The Governor may
appoint a person to be the WorkSafe Commissioner.
(2) The term of the
person’s appointment is the term, not exceeding 5 years, specified in
the instrument of appointment, and the person may be reappointed.
(3) Subject to the
Salaries and Allowances Act 1975 , the WorkSafe Commissioner is entitled to
the remuneration determined by the Minister on the recommendation of the
Public Sector Commissioner.
(4) If the person
appointed as the WorkSafe Commissioner is, immediately before the appointment,
a public service officer, the person retains all existing and accruing rights
despite the appointment.
(5) If the person
appointed as the WorkSafe Commissioner is, immediately before the appointment,
a public service officer, the person is entitled, upon ceasing to be the
WorkSafe Commissioner, to be appointed to an office in the Public Service not
lower in status than the office the person occupied immediately before
appointment as the WorkSafe Commissioner.
(6) The WorkSafe
Commissioner must not engage in paid employment outside the WorkSafe
Commissioner’s functions under this Act or any other written law without
the Minister’s approval.
2 . Functions of WorkSafe Commissioner and
relationship with Minister and WHS department
(1) The WorkSafe
Commissioner is the regulator under this Act.
(2) The WorkSafe
Commissioner is responsible to the Minister for the administration of this Act
and any other law relating to work health and safety administered by the
Minister.
(3) The WorkSafe
Commissioner (including as the regulator) is subject to the Minister’s
direction and control.
(4) Persons may be
appointed or made available under the Public Sector Management Act 1994 Part
3 to assist the WorkSafe Commissioner in the performance of the WorkSafe
Commissioner’s functions.
(5) The WorkSafe
Commissioner may also appoint other persons to assist the WorkSafe
Commissioner in the performance of the WorkSafe Commissioner’s
functions.
(6) The offices of
WorkSafe Commissioner and chief executive officer of the WHS department may be
held by the same person.
3 . Vacation of office of WorkSafe Commissioner
The office of WorkSafe
Commissioner becomes vacant if —
(a) the
term of the person holding the office expires; or
(b) that
person —
(i)
dies; or
(ii)
becomes permanently incapable of performing the functions
of the office; or
(iii)
resigns from office by written notice to the Minister; or
(iv)
is, according to the Interpretation Act 1984 section
13D, a bankrupt or a person whose affairs are under insolvency laws; or
(v)
is removed from office by the Governor on the grounds of
neglect of duty, incompetence or the person’s behaviour; or
(vi)
is absent without the Minister’s leave from 3
consecutive meetings of the Work Health and Safety Commission (of which the
WorkSafe Commissioner is a member under clause 10(2)(b)).
4 . Acting WorkSafe Commissioner
(1) The Minister may
appoint a person to act as the WorkSafe Commissioner on a temporary basis if
—
(a) the
office is vacant; or
(b) the
person holding the office is unable to perform its functions because of
sickness, absence or other cause.
(2) An appointment may
be terminated at any time by the Minister.
(3) The period of an
appointment must not exceed 3 months.
(4) While acting in
accordance with the terms of their appointment, a person acting as the
WorkSafe Commissioner has all of the functions and entitlements of that
office.
(5) No act or omission
of a person acting as the WorkSafe Commissioner can be questioned on the
ground that the occasion for their appointment or so acting had not arisen or
had ceased.
Division 2 — Chief Inspector of Mines and Chief Inspector Petroleum
Safety
5 . Appointment of Chief Inspector of Mines and
Chief Inspector Petroleum Safety
(1) The Minister may
make 1 or both of the following appointments —
(a) a
person to be the Chief Inspector of Mines;
(b) a
person to be the Chief Inspector Petroleum Safety.
(2) The term of the
person’s appointment is the term, not exceeding 5 years, specified in
the instrument of appointment, and the person may be reappointed.
(3) Notice of the
appointment must be given in the Gazette .
(4) Unless the person
holding the office is a public service officer, the Chief Inspector of Mines
or the Chief Inspector Petroleum Safety is entitled to the remuneration
determined by the Minister on the recommendation of the Public Sector
Commissioner.
(5) Neither the Chief
Inspector of Mines nor the Chief Inspector Petroleum Safety may engage in paid
employment outside their functions under this Act or any other written law
without the Minister’s approval.
6 . Functions of Chief Inspector of Mines and
Chief Inspector Petroleum Safety
(1) The regulations
may give functions to the Chief Inspector of Mines in relation to work health
and safety in, or relating to, the mining industry in the State.
(2) The regulations
may give functions to the Chief Inspector Petroleum Safety in relation to work
health and safety in, or relating to, activities that are regulated by the
Petroleum and Geothermal Energy Resources Act 1967 , the
Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982 .
(3) The Chief
Inspector Petroleum Safety also has the functions given to that office under
the Petroleum and Geothermal Energy Safety Levies Act 2011 .
(4) Without limiting
section 154, the WorkSafe Commissioner, as the regulator, may delegate under
that section powers and functions to the Chief Inspector of Mines or the Chief
Inspector Petroleum Safety.
(5) The Chief
Inspector of Mines and the Chief Inspector Petroleum Safety are subject to the
direction and control of the Minister.
7 . Vacation of office of Chief Inspector of Mines
or Chief Inspector Petroleum Safety
The office of Chief
Inspector of Mines or Chief Inspector Petroleum Safety becomes vacant if
—
(a) the
term of the person holding the office expires; or
(b) that
person —
(i)
dies; or
(ii)
becomes permanently incapable of performing the functions
of the office; or
(iii)
resigns from office by written notice to the Minister; or
(iv)
is, according to the Interpretation Act 1984 section
13D, a bankrupt or a person whose affairs are under insolvency laws; or
(v)
is removed from office by the Minister on the grounds of
neglect of duty, incompetence or the person’s behaviour.
8 . Acting Chief Inspector of Mines or Acting
Chief Inspector Petroleum Safety
(1) The Minister may
appoint a person to act as the Chief Inspector of Mines or the Chief Inspector
Petroleum Safety on a temporary basis if —
(a) the
office is vacant; or
(b) the
person holding the office is unable to perform its functions because of
sickness, absence or other cause.
(2) An appointment may
be terminated at any time by the Minister.
(3) The period of an
appointment must not exceed 3 months.
(4) While acting in
accordance with the terms of their appointment, a person acting as the Chief
Inspector of Mines or the Chief Inspector Petroleum Safety has all of the
functions and entitlements of the office in which the person is acting.
(5) No act or omission
of a person acting as the Chief Inspector of Mines or the Chief Inspector
Petroleum Safety can be questioned on the ground that the occasion for their
appointment or so acting had not arisen or had ceased.
Division 3 — Work Health and Safety Commission
In this Division
—
appointed member means a member of the Commission
appointed under clause 10(2)(a) or (d);
Commission means the Work Health and Safety
Commission.
Subdivision 2 — Main provisions
10 . Establishment of Work Health and Safety
Commission
(1) There is to be a
commission called the Work Health and Safety Commission.
(2) The members of the
Commission are to be as follows —
(a) a
person nominated by the Minister and appointed by the Governor as chairperson;
(b) the
WorkSafe Commissioner;
(c) 2
persons employed in the Public Service under the Public Sector Management Act
1994 Part 3 —
(i)
both of whom are nominated by the Minister; and
(ii)
at least 1 of whom has knowledge of, and experience in,
the mining industry in the State;
(d) the
following other persons appointed by the Governor —
(i)
2 persons nominated by the Chamber of Commerce and
Industry of Western Australia Limited;
(ii)
3 persons nominated by UnionsWA, at least 1 of whom has
knowledge of, and experience in, the mining industry in the State;
(iii)
3 persons nominated by the Minister after consultation
with the bodies referred to in subparagraphs (i) and (ii), all of whom have
knowledge of, or experience in, matters relating to work health and safety;
(iv)
1 person nominated by the Chamber of Minerals and Energy
of Western Australia Inc.
(3) If a body referred
to in subclause (2)(d)(i), (ii) or (iv) does not make a nomination within 60
days after the day on which it is requested in writing by the Minister to do
so —
(a) the
Governor may appoint any person who is suitably qualified; and
(b) that
person is taken to have been nominated under subclause (2)(d)(i), (ii) or
(iv), as the case may be.
(4) A nomination under
subclause (2)(c) may —
(a) be
made from time to time; and
(b) be
made by reference to the holder of a specified office; and
(c) may
be expressed to operate for a specified period or in specified circumstances.
(5) In addition to the
name mentioned in subclause (1), the Commission may use, and operate under,
the name “WorkSafe WA”.
(6) A person (other
than the Commission) must not use, or operate under, the name mentioned in
subclause (1) or (5), or any name that is so similar that it is likely to be
misunderstood as referring to the Commission.
Penalty for this subclause:
(a) for
an individual, a fine of $115 000;
(b) for
a body corporate, a fine of $570 000.
(7) Subclause (6) does
not prevent the WHS department from using, or operating under, the name of
“WorkSafe Western Australia”, or a similar name, if that
designation is given to it under the Public Sector Management Act 1994
section 35.
(1) The Minister must
appoint 1 of the Commission’s members to be its deputy chairperson.
(2) The deputy
chairperson must perform the functions of the chairperson as follows —
(a)
during any vacancy in the office of chairperson;
(b)
while the chairperson is unable to act by reason of sickness, absence or other
cause.
(3) No act or omission
of the deputy chairperson acting as the chairperson can be questioned on the
ground that the occasion for so acting had not arisen or had ceased.
12 . Vacation of office of appointed members
The office of an
appointed member becomes vacant if —
(a) the
term of the person holding the office expires; or
(b) that
person —
(i)
dies; or
(ii)
becomes permanently incapable of performing the functions
of the office; or
(iii)
resigns from office by written notice to the Minister; or
(iv)
is, according to the Interpretation Act 1984 section
13D, a bankrupt or a person whose affairs are under insolvency laws; or
(v)
is removed from office by the Governor on the grounds of
neglect of duty, incompetence or the person’s behaviour; or
(vi)
is absent without the Minister’s leave from 3
consecutive meetings of the Commission;
or
(c) that
person holds the office under clause 10(2)(d)(i), (ii) or (iv) and the
person’s nomination is revoked.
(1) Subclause (2)
applies if —
(a) an
office of an appointed member is vacant; or
(b) an
appointed member is unable to act by reason of sickness, absence or other
cause.
(2) The Minister may
appoint another person to act temporarily in the place of the appointed
member, subject to the following —
(a) if
the office is under clause 10(2)(d)(ii) or (iii) — the applicable
requirement relating to knowledge and experience must continue to be met;
(b) if
the office is under clause 10(2)(d)(i), (ii) or (iv) — the acting member
must be nominated by the relevant body.
(3) While acting in
accordance with the terms of their appointment, an acting member has all of
the functions and entitlements of the appointed member.
(4) If an appointed
member who is deputy chairperson is performing the functions of the
chairperson, the Minister may, under subclause (2), appoint another person to
act in the place of that appointed member.
(5) No act or omission
of a person acting in the place of another under this clause can be questioned
on the ground that the occasion for the appointment or so acting had not
arisen or had ceased.
(6) The appointment of
a person as an acting member may be terminated at any time by the Minister.
14 . Terms and conditions of appointed members
(1) An appointed
member —
(a)
holds office for the term, not exceeding 3 years, specified in their
instrument of appointment; and
(b) may
be reappointed.
(2) Subject to
subclause (3), an appointed member who is not a public service officer is
entitled to the remuneration determined by the Minister on the recommendation
of the Public Sector Commissioner.
(3) In the case of an
appointed member under clause 10(2)(d)(i), (ii) or (iv), the member may, by
notice to the Minister —
(a)
waive their entitlement to remuneration; and
(b)
elect for any amounts that would otherwise be payable to the member to be paid
instead as a fee to the body that nominated the member.
The Minister may grant
leave of absence to an appointed member on the terms and conditions determined
by the Minister.
If the office of an
appointed member becomes vacant under clause 12(b) or (c), a person appointed
to the vacancy holds office only for the balance of the term of the person
whose vacancy is being filled.
(1) The
Commission’s chairperson may at any time, and must when so requested by
the Minister or by not less than 5 of the Commission’s members, convene
a meeting of the Commission to be held at a time and place determined by the
chairperson.
(2) The Commission
must meet at least 6 times a year at intervals of not more than 3 months.
(3) The chairperson
must preside at any meeting of the Commission at which the chairperson is
present.
(4) If both the
chairperson and the deputy chairperson are absent from a meeting of the
Commission —
(a) the
members present must elect by secret ballot one of their number to preside at
that meeting; and
(b) that
member has, in addition to the functions of a member of the Commission, the
functions of the chairperson under this clause.
(5) At a meeting of
the Commission 7 members constitute a quorum.
(6) Subject to
subclause (7), at a meeting of the Commission —
(a) only
members appointed under clause 10(2)(d) can vote; and
(b) if
any question requiring a vote arises, the question is to be decided by a
majority of the votes of the members appointed under clause 10(2)(d) if, and
only if, not less than 6 of those members also constitute the majority.
(7) If —
(a) on a
vote at a meeting of the Commission, a majority of the votes of members
appointed under clause 10(2)(d) is constituted by 5 of those members; and
(b) on a
vote at a subsequent meeting of the Commission on the same question, a
majority of the votes is constituted by 5 of those members,
the chairperson may,
at that subsequent meeting, cast a vote to be included in the majority vote.
(8) Subject to the
presence of a quorum, the Commission may act despite any vacancy in its
membership.
(9) A member of the
Commission who has a pecuniary interest (whether direct or indirect) in any
matter to be considered by the Commission must declare the nature of that
interest at every meeting at which the matter is considered.
(10) Subject to this
Subdivision, the Commission may determine its own procedures.
(11) The Commission
must work for the attainment of the objects of this Act by achieving a
consensus, so far as practicable, among its members.
(1) The
Commission’s functions are as follows —
(a) to
inquire into, and report to the Minister upon, any matters referred to it by
the Minister;
(b) to
make recommendations to the Minister with respect to —
(i)
this Act; and
(ii)
any law, or provision of a law, relating to work health
and safety that is administered by the Minister and any law, or provision of a
law, relating to work health and safety that is prescribed for the purposes of
this paragraph; and
(iii)
subsidiary legislation, guidelines and codes of practice
proposed to be made under or for the purposes of any prescribed law;
(c) to
examine, review and make recommendations to the Minister in relation to
existing and proposed registration or licensing schemes relating to work
health and safety;
(d) to
provide advice to, and cooperate with, Government departments, public
authorities, unions, employer organisations and other interested persons in
relation to work health and safety;
(e) to
formulate or recommend standards, specifications or other forms of guidance to
assist persons conducting businesses or undertakings, and their workers, to
maintain appropriate standards of work health and safety;
(f) to
promote education and training in work health and safety as widely as
possible;
(g) in
cooperation with educational authorities or bodies, to devise and approve
courses in relation to work health and safety;
(h)
having regard to any criteria laid down by Safe Work Australia, to advise
persons on training in work health and safety and to formulate and accredit
training courses in work health and safety;
(i)
to recommend to the Minister the establishment of public
inquiries into any matter relating to work health and safety;
(j) to
collect, publish and disseminate information on work health and safety;
(k) to
formulate reporting procedures and monitoring arrangements for identification
of workplace hazards and incidents in which injury or death is likely to occur
at a workplace;
(l) to
commission and sponsor research into work health and safety.
(2) The Commission may
issue for public review and comment any regulations, codes of practice or
guidelines with respect to which it proposes under subclause (1)(b) to make
any recommendations to the Minister.
(3) The Commission
must ensure, so far as practicable, that any information it provides is in a
language and form that is appropriate for the persons to whom the information
is directed.
(4) The Minister must,
within 60 days after the day on which the Minister receives a recommendation
from the Commission under subclause (1), reply in writing to the Commission in
relation to that recommendation.
(1) The Commission may
at any time and, when so requested by the Minister, must appoint advisory
committees to assist it in the performance of its functions.
(2) Subject to this
clause, an advisory committee must consist of the persons appointed by the
Commission.
(3) Subject to any
direction of the Commission, an advisory committee may determine its own
procedures.
(4) The members of
advisory committees are entitled to the remuneration determined by the
Minister on the recommendation of the Public Sector Commissioner.
(5) In appointing
persons to be members of advisory committees, the Commission —
(a)
must, so far as practicable, appoint the following persons —
(i)
persons who represent persons conducting businesses or
undertakings;
(ii)
persons who represent workers;
(iii)
persons who have knowledge of, or experience in, matters
relating to work health and safety;
and
(b) must
have regard to the desirability of having a reasonable number of men and
women, including persons of differing ethnic backgrounds and other groups with
special needs.
(1) The Commission
must, on or before 31 October in each year, prepare and submit to the Minister
a report of its operations, and the operation of this Act and any prescribed
law, during the year ending on the preceding 30 June.
(2) The Minister must
cause a copy of a report submitted under this clause to be laid before each
House of Parliament no later than 12 sitting days after the day on which the
Minister receives the report.
21 . Staff to assist Commission
Persons may be
appointed or made available under the Public Sector Management Act 1994 Part
3 to assist the Commission in the performance of its functions.
Division 4 — Mining and Petroleum Advisory Committee
In this Division
—
Commission means the Work Health and Safety
Commission;
Committee means the Mining and Petroleum Advisory
Committee;
mining and petroleum industry means —
(a) the
mining industry in the State; and
(b)
activities that are regulated by the Petroleum and Geothermal Energy
Resources Act 1967 , the Petroleum Pipelines Act 1969 or the
Petroleum (Submerged Lands) Act 1982 .
Subdivision 2 — Main provisions
23 . Establishment of Mining and Petroleum
Advisory Committee
(1) There is to be an
advisory committee called the Mining and Petroleum Advisory Committee.
(2) The
Committee’s members are to be appointed by the Minister after
consultation with the prescribed bodies.
(3) The prescribed
bodies must include —
(a) at
least 1 body that represents persons conducting businesses or undertakings in
the mining and petroleum industry; and
(b) at
least 1 body that represents workers in the mining and petroleum industry.
(4) There must be at
least 6 members.
(5) At least 2 members
must be appointed to represent persons conducting businesses or undertakings
in the mining and petroleum industry.
(6) An appointment for
the purposes of subclause (5) must be made on the recommendation of a
prescribed body referred to in subclause (3)(a).
(7) At least 2 members
must be appointed to represent workers in the mining and petroleum industry.
(8) An appointment for
the purposes of subclause (7) must be made on the recommendation of a
prescribed body referred to in subclause (3)(b).
(9) At least 2 members
must be persons considered by the Minister to be independent of the prescribed
bodies.
(10) The Minister must
appoint 1 of the members referred to in subclause (9) as the Committee’s
chairperson.
(11) The members are
entitled to the remuneration determined by the Minister on the recommendation
of the Public Sector Commissioner.
(12) Subject to any
directions given to it by the Minister, the Committee is to determine its own
procedures.
The regulations may
give functions to the Committee that involve the Committee providing advice
to, or otherwise assisting, the Minister or the Commission (or both) in
relation to work health and safety in, or relating to, the mining and
petroleum industry.
For the purposes of
clauses 20 and 21, the Committee is taken to be an advisory committee of the
Commission.
Division 5 — Work Health and Safety Tribunal
In this Division
—
Chief Commissioner and commissioner have the
meanings given in the Industrial Relations Act 1979 section 7(1);
WAIRC means The Western Australian Industrial
Relations Commission continued and constituted under the Industrial Relations
Act 1979 .
Subdivision 2 — Main provisions
27 . Establishment of Work Health and Safety
Tribunal
(1) The WAIRC has the
jurisdiction given to the Work Health and Safety Tribunal under this Act and,
in exercising that jurisdiction, the WAIRC is to be known as the Work Health
and Safety Tribunal.
(2) A determination of
a matter by the Tribunal has effect according to its substance and an order
containing the determination is an entitlement provision as defined in the
Industrial Relations Act 1979 section 7(1).
(3) In accordance with
the Industrial Relations Act 1979 section 7(3), any matter within the
jurisdiction of the Tribunal is not an industrial matter for the purposes of
that Act.
[Clause 27 amended: No. 30 of 2021 s. 128(1).]
28 . Jurisdiction to be exercised by commissioner
with requisite qualifications
(1) The jurisdiction
of the Tribunal is to be exercised —
(a) by
the commissioner designated under the Industrial Relations Act 1979
section 16(2A) to exercise the jurisdiction; or
(b) if
that commissioner is unable to act by reason of sickness, absence or other
cause, by —
(i)
another commissioner; or
(ii)
an acting commissioner appointed under the
Industrial Relations Act 1979 section 17,
to whom the Chief
Commissioner allocates the matter under the Industrial Relations Act 1979
section 16.
(2) Without limiting
subclause (1)(b), a matter may be allocated to the Chief Commissioner under
that subclause.
(3) In allocating a
matter for the purposes of subclause (1)(b), the Chief Commissioner must have
regard to the desirability of the commissioner concerned having relevant
knowledge in the field of work health and safety.
(4) A commissioner to
whom a matter is allocated under subclause (1)(b) may continue and complete
the hearing and determination of part-heard proceedings after the commissioner
referred to in subclause (1)(a) has resumed that commissioner’s duties.
(5) A person who is a
commissioner may, even though the person’s designation has ceased to
have effect under the Industrial Relations Act 1979 section 16(2B), continue
and complete the hearing and determination of part-heard proceedings after
another commissioner has been designated under section 16(2A) of that Act.
29 . Practice, procedure and appeals
(1) The provisions of
the Industrial Relations Act 1979 sections 22B, 26(1), (2) and (3), 27, 28,
31(1), (2), (3) and (5), 33, 34(1), (3) and (4), 36 and 49 that apply to and
in relation to the exercise of the jurisdiction of the WAIRC constituted by a
commissioner apply to the exercise of the jurisdiction of the Tribunal —
(a) with
any modifications that are prescribed under section 113 of that Act; and
(b) with
any other modifications that are necessary or appropriate.
(2) For the purposes
of subclause (1), the Industrial Relations Act 1979 section 31(1) applies as
if paragraph (c) were deleted and the following paragraph were inserted
—
(c) by a
legal practitioner.
(1) This clause
applies to any matter (the relevant matter ) that comes before the Tribunal,
except —
(a) any
of the following decisions (as defined in section 223(4)) that comes before
the Tribunal under Part 12 Division 3 —
(i)
a decision made, or taken to have been made, on an
internal review under Part 12 Division 2 where the internal review is of a
decision of an inspector under section 102, 191, 195, 198 or 201;
(ii)
a decision of the regulator under section 102,
179, 180, 191, 194, 195, 198, 201 or 207;
or
(b) any
prescribed matter.
(2) If the Tribunal
considers that the issues involved in the relevant matter may be resolved by
conciliation —
(a) the
Tribunal may endeavour to assist the parties to reach an agreement on those
issues; and
(b) for
that purpose, the Tribunal may —
(i)
arrange conferences of the parties or their
representatives presided over by the Tribunal; and
(ii)
arrange for the parties or their representatives to
confer among themselves at a conference at which the Tribunal is not present;
and
(iii)
otherwise encourage the parties to exchange or divulge
attitudes or information that in the opinion of the Tribunal would assist in
the resolution of the issues.
(3) The Tribunal may
give any direction or make any order or declaration that the Tribunal thinks
expedient for the purposes of this clause, and any direction, order or
declaration is enforceable as if it were given or made under the
Industrial Relations Act 1979 section 32.
(4) If the Tribunal
gives or makes a direction, order or declaration under subclause (3), the
Tribunal must —
(a) if
it is given or made orally, reduce the direction, order or declaration to
writing as soon as practicable; and
(b) make
the text of the direction, order or declaration available to the parties as
soon as practicable after it is given or made.
(5) If the Tribunal
—
(a)
takes action under subclause (2)(a); and
(b) is
satisfied that the parties have reached agreement on all of the issues
involved,
the Tribunal may, with
the consent of the parties, determine the relevant matter in terms of that
agreement.
(6) If the Tribunal
—
(a)
takes action under subclause (2)(a); and
(b)
subclause (5)(b) does not apply,
the Tribunal must
determine the relevant matter.
(7) In making a
determination referred to in subclause (6), the Tribunal must endeavour to
ensure that the relevant matter is resolved —
(a)
taking into account any agreement reached by the parties on any particular
issue; and
(b)
subject to paragraph (a), on terms that could reasonably have been agreed
between the parties in the first instance or by conciliation.
31 . Certain matters to be heard together
(1) In this clause
—
employee and employer have the meanings given in
the Industrial Relations Act 1979 section 7(1).
(2) Subclauses (3) and
(4) apply if —
(a)
under the Industrial Relations Act 1979 , an employee has referred to the
WAIRC a claim that the employee has been harshly, oppressively or unfairly
dismissed from employment; and
(b) a
matter —
(i)
involving the same employer and employee; and
(ii)
arising out of the same circumstances,
has come before the
Tribunal.
(3) The employee may
in writing request that the matter referred to in subclause (2)(a) be heard
and determined by the commissioner who is hearing and determining the matter
referred to in subclause (2)(b).
(4) If the employee
makes a request, the Chief Commissioner, in exercising the powers conferred by
the Industrial Relations Act 1979 section 16, must allocate the hearing and
determination of the matter accordingly.
(5) If —
(a) an
employee has referred to the WAIRC a claim of the kind described in the
Industrial Relations Act 1979 section 29(1)(d); and
(b) the
claim involves the same employer and arises out of the same circumstances as a
matter that has come before the Tribunal,
nothing in this clause
prevents the Chief Commissioner exercising the powers conferred by section 16
of that Act so that the claim is heard and determined by the commissioner who
is hearing and determining the matter referred to in paragraph (b).
[Clause 31 amended: No. 30 of 2021 s. 128(2).]