Making an award application to the Commission
To make an application for a new award or to vary an award, you must file a Form 1 – General Application.
An application to vary an award may be made by any organisation or association named as a party to the award or employer bound by the award.
Depending on the type of application you make, there are a few things to consider:
Application for an award, new award or interim award
An application for an award, a new award or an interim award (r 48 of the Industrial Relations Commission Regulations 2005 (WA)) must clearly and concisely state:
- the area of operation and the scope of the proposed award; and
- where relevant, the names of such number of employers as is reasonably representative of those who would by common rule be bound by the proposed award.
Application to vary an award
An application to vary the area of operation of an award (r 49, r 50 and r 51 of the Industrial Relations Commission Regulations 2005 (WA)) must have attached to it a statement of:
- the persons whom the applicant seeks to affect by the proposed variation; and
- the grounds on which the application is made.
An application to vary an award that does not involve a variation of the area of operation of the scope of the award must attach:
- a statement of particulars of the amendment or variation sought; or
- a short description of the circumstances that have arisen to cause the application, if the applicant is made during the specified term of the award.
An application to add any employer, organisation or association as a named party to an award must have attached to it a written statement of:
- the grounds on which the application is made and facts to show that the applicant is entitled to make the application; and
- whether or not the addition may have the effect of extending the award to employees to whom another award already extends.
What happens next?
On filing the Form 1, the Registrar is to serve a copy of the application together with its attachments on each of the parties, including the applicant.
On service of the application, a respondent who desires to contest the claim or any provision sought by the application must file a response using a Form 4 – Response (General) within 14 days of the time endorsed on the notice of application.
The matter will generally be listed for a conciliation conference. If there is no agreement, the matter will proceed to hearing where the Commission will make a determination on the matter.
If the application is successful, the Commission may make an order to create or vary the award.
Making an application for an industrial agreement
To make an application for the registration of an industrial agreement, you must file a Form 1 – General Application.
Application for industrial agreement
An application for the registration of an industrial agreement must be accompanied by:
- the original of the agreement executed by all of the parties to that agreement; and
- a statement that summarises any changes that the agreement effects in the relevant rates of pay and conditions of employment of the employees to whom the agreement relates.
What happens next?
On filing the Form 1, the Registrar is to serve a copy of the application together with its attachments on the respondent and to the parties named in s 29A(2)(b) of the Industrial Relations Act 1979 (WA).
The application will then be dealt with by the Commission.
If the application is successful, the Commission may make an order to register the agreement.