A WA parliamentary question regarding the potential impact of NSW Court of Appeal rulings on WA industrial relations legislation and the reintroduction of a full appeal system to the WA Industrial Relations Commission. The Minister dismisses the relevance of the NSW rulings and questions the connection between the questions.

AnsweredQoN 3056Legislative Assembly
Asked
17 August 2004
Portfolio
Consumer and Employment Protection

QuestionView source ↗

(b) is the Minister aware that in four separate judgements the NSW Court of Appeal said that it (the commission) could only hear cases with ‘an industrial character’; (c) will the Minister now seek advice as to the potential impact of these Court of Appeal rulings on the Western Australian legislation; (d) will the Minister now reintroduce a full appeal system to the Western Australian Industrial Relations Commission; and (e) if not, why not?
(c) will the Minister now seek advice as to the potential impact of these Court of Appeal rulings on the Western Australian legislation; (d) will the Minister now reintroduce a full appeal system to the Western Australian Industrial Relations Commission; and (e) if not, why not?
(d) will the Minister now reintroduce a full appeal system to the Western Australian Industrial Relations Commission; and (e) if not, why not?
(e) if not, why not?
(b) Yes. (c) No. It is my understanding that views referenced in questions (a) and (b) related to NSW IRC having jurisdiction in matter of unfair contracts. The Industrial Relations Act 1979 (WA) does not contain an unfair contracts jurisdiction under which the four NSW Court of Appeal judgements where argued. (d) & (e) It is hard to see how this question is in anyway related to questions (a) to (c) and as such makes no sense.
(c) No. It is my understanding that views referenced in questions (a) and (b) related to NSW IRC having jurisdiction in matter of unfair contracts. The Industrial Relations Act 1979 (WA) does not contain an unfair contracts jurisdiction under which the four NSW Court of Appeal judgements where argued. (d) & (e) It is hard to see how this question is in anyway related to questions (a) to (c) and as such makes no sense.
(d) & (e) It is hard to see how this question is in anyway related to questions (a) to (c) and as such makes no sense.

AnswerView source ↗

Answered
14 September 2004
Responded by
Minister for Consumer and Employment Protection
Response time
28 days
(a) Yes.
(b) Yes.
(c) No. It is my understanding that views referenced in questions (a) and (b) related to NSW IRC having jurisdiction in matter of unfair contracts. The
Industrial Relations Act 1979 (WA)
does not contain an unfair contracts jurisdiction under which the four NSW Court of Appeal judgements where argued.
(d) & (e) It is hard to see how this question is in anyway related to questions (a) to (c) and as such makes no sense.

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