Western Australian Industrial Relations Commission

Occupational Safety and Health Tribunal

QUESTIONS FREQUENTLY ASKED

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Is there a general provision whereby any health and safety claim can be referred to the Tribunal?

No. The only health and safety claims able to be referred to the Tribunal are specified under the three laws that apply.

refer to the following Schedules:

Schedule 1 - Occupational Safety and Health Act 1984

Schedule 2 - Mines Safety and Inspection Act 1994

Schedule 3 - Petroleum (Submerged Lands) Act 1982

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Who can refer a claim to the Tribunal?

The three laws specify who can refer a claim to the Tribunal ( refer to Schedules here).

The issues of referral of a claim under s 74(2) of the Mines Safety Inspection Act 1994 has, in part, been considered by the Full Bench in:
Thiess Pty Ltd and Others v The Automotive, Food, Metals, Engineering, Printing & Kindred Union of Workers – Western Australian Branch & Others (2006)

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Where the claim involves more than one person can multiple applications be made?

Yes. The applicants may request the Tribunal to consider using the provisions of s 27(1)(j) of the Industrial Relations Act 1979 to join multiple applications relating to the same claim.
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Where the claim involves more than one person do individuals need to bring multiple applications?

This will depend upon the section of the particular law concerned. As an example where, under s 35(3) of the Occupational Safety and Health Act 1984, more than one health and safety representatives at a workplace is seeking additional entitlements for attending accredited training courses, then the health and safety representatives jointly, or their agent, may launch lodge an application listing all the relevant details, ensuring all of the health and safety representatives’ names are listed as applicants.
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Can employer organisation(s) and/or union(s) refer a claim to the Tribunal under any of the provisions?

Employer organisations and/or unions may refer a claim by acting as agent of the applicant pursuant to the provisions outlined in s 31(1)(b) of the Industrial Relations Act 1979. Where the organisation (employer organisation or union) is acting as an agent applications are able to be signed by the agent on the applicant’s behalf. Warrant(s) signed by the applicant(s) will need to be filed. Form 18 - Warrant to appear as agent.

The issue of whether a union and/or employer organisation or representative can be identified as a party under s 74(2) of the Mines Safety Inspection Act 1994 has been considered by the Full Bench in:
Thiess Pty Ltd and Others v The Automotive, Food, Metals, Engineering, Printing & Kindred Union of Workers – Western Australian Branch & Others (2006)
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Can individuals or organisations seek leave to intervene in a claim before the Tribunal?

Yes. By request, the Tribunal may consider whether to grant an individual or organisation leave to intervene pursuant to the provisions of s 27(1)(k) of the Industrial Relations Act 1979.

 

 

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : mail reg

 

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