Industrial Relations Amendment Act 2000

 

Industrial Relations Amendment Act 2000

CONTENTS

1.           Short title                                                                         1

2.           Commencement                                                               2

3.           The Act amended                                                             2

4.           Section 115 inserted                                                          2

115.          Police officers                                                           2

5.           Schedule 3 inserted                                                           2

Schedule 3 — Police officers

1.              Interpretation                                                             2

2.              Application of Act to police officer                          3

3.              Western Australian Police Union of Workers     3

 

 

 

Industrial Relations Amendment Act 2000

No. 58 of 2000

An Act to amend the Industrial Relations Act 1979.

 

[Assented to 4 December 2000]

 

The Parliament of Western Australia enacts as follows:

 

1.           Short title

             This Act may be cited as the Industrial Relations Amendment Act 2000.

2.           Commencement

             This Act comes into operation on the day on which it receives the Royal Assent.

3.           The Act amended

             The amendments in this Act are to the Industrial Relations Act 1979.*.

              [* Reprinted as at 4 February 2000.]

4.           Section 115 inserted

             After section 114 the following section is inserted —

“

115.       Police officers

            Schedule 3 has effect.

”.

5.           Schedule 3 inserted

             After Schedule 2 the following Schedule is inserted —

“

Schedule 3 — Police officers

[s. 115]

1.           Interpretation

            In this Schedule —

    “Arbitrator” has the same meaning as in section 80C(1);

    “police officer” means a person appointed —

         (a)    under Part I of the Police Act 1892 to be a member of the Police Force of Western Australia;

         (b)    under Part I of the Police Act 1892 to be a police cadet;

         (c)    under Part III of the Police Act 1892 to be a special constable; or

 

         (d)    under section 38A of the Police Act 1892 to be an aboriginal aide.

2.           Application of Act to police officer

    (1)    Before the coming into operation of the Industrial Relations Amendment Act 2000 this Act is taken to have applied to and in respect of a police officer, and to have had effect accordingly, as if —

    (a)    the police officer were an employee; and

    (b)    the Minister for Police were the employer of the police officer.

    (2)    On and from the coming into operation of the Industrial Relations Amendment Act 2000 this Act applies to and in respect of a police officer, and has effect accordingly, as if —

    (a)    the police officer were a Government officer within the meaning of section 80C; and

    (b)    the Commissioner of Police were the employer, within the meaning of section 80C, of the police officer,

            and for that purpose, a reference in the Act to an employee is taken to include a reference to a Government officer.

    (3)    Despite subclause (2), an Arbitrator does not have jurisdiction to enquire into or deal with, or refer to the Commission in Court Session or the Full Bench any matter relating to or arising from the transfer, reduction in rank or salary, suspension from duty, removal, discharge or dismissal under the Police Act 1892 of a police officer.

3.           Western Australian Police Union of Workers

            The Western Australian Police Union of Workers is taken to be, and to have always been, an organisation of employees.

”.

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