Western Australia Industrial Relations Commission

The Western Australian Industrial Relations Commission conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal in Western Australia, a state of Australia. It was formerly called the Western Australian Industrial Commission and its name was changed under the Industrial Relations Act 1979 (WA) in 1979.

History

Industrial courts first began in Western Australia in 1900 with the establishment of the Board of Arbitration for the state and a Board of Conciliation for each industrial district. These institutions were set up under the Industrial Conciliation and Arbitration Act 1900 (WA) (64 Vic 20) which came into effect on 5 December 1900. That act was one of the last acts of the colonial government before it became a state government under the terms of federation in Australia.

The first Board of Conciliation did not sit until 11 July 1901 The first Board of Arbitration did not sit until 2 April 1902, and this board was established under an amended Act of Parliament [ Transcript of WA Industrial Relations Commission celebrates its centenary year. Date published: 24/09/03 ] .

Since then, industrial commissions have undergone many changes with changes of government, and will continue to do so.

Jurisdiction

The commission has jurisdiction to hear applications for industrial awards in respect of employees and to vary those awards. It also considers applications to register Industrial Agreements between employers and employees.

Where there is an industrial dispute, it will consider applications for compulsory Conferences to settle those disputes.

The commission can also consider applications by employers claiming unfair dismissal or that their contractual rights haven’t been fulfilled.

Composition

The commission consists of a president, a chief commissioner; a senior commissioner; and other commissioners as required. Each is appointed by the Governor of Western Australia.

The bulk of the work is carried out in the commission by commissioners. However, some work must be dealt in separate divisions of the commission.

Western Australian Industrial Appeal Court, which hears appeals from decisions of the president, the full bench, and the commission in court session.

The Full Bench of the Western Australian Industrial Relations Commission hears appeals from the decisions of industrial magistrates and commissioners. The Full Bench is constituted by the President and at least two other Commissioners.

The Western Australian Industrial Relations Commission in Court Session deals with the State Wage Case and other cases of importance that are referred to it.

Future

The introduction of WorkChoices by the Australian Commonwealth Government may have an impact on the jurisdiction and workload of the court. For a summary of some of the issues surrounding this, see http://www.australianreview.net/digest/2005/09/baird.html.

References

ources

*Homepage of commission http://www.wairc.wa.gov.au
*Annual Review 2005 of commission http://www.wairc.wa.gov.au/Files/AnnualReports/AnnualReport2006.pdf
*Industrial Relations Act http://www.slp.wa.gov.au/statutes/swans.nsf/be0189448e381736482567bd0008c67c/58bf7dfca7bd52124825722f00266f98?OpenDocument