Western Australian Numbered Acts

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EMPLOYMENT DISPUTE RESOLUTION ACT 2008 (NO. 18 OF 2008) - SECT 3

3 .         Terms used in this Act

        (1)         In this Act, unless the context otherwise requires —

        “Chief Commissioner” means the Chief Commissioner under the IR Act, and includes an acting Chief Commissioner;

        “commissioner” means a commissioner appointed under the IR Act and includes the Chief Commissioner, the Senior Commissioner and an acting commissioner under that Act;

        “Commonwealth workplace agreement” means a workplace agreement as defined in the Workplace Relations Act or any other agreement or arrangement prescribed under the IR Act section 113 for the purposes of this definition;

        “decision” includes an order, declaration or finding;

        “employee” has the meaning given in the IR Act section 7;

        “employer” has the meaning given in the IR Act section 7;

        “employment dispute” means any question, dispute or difficulty that arises out of or in the course of employment, and includes any industrial matter;

        “industrial matter” has the meaning given in the IR Act section 7;

        “IR Act” means the Industrial Relations Act 1979 ;

        “IR Commission” means The Western Australian Industrial Relations Commission continued and constituted under the IR Act;

        “mediation” means mediation under Part 2 Division 1;

        “mediation settlement agreement” means an agreement registered under section 11;

        “organisation” means —

            (a)         an organisation that is registered under the IR Act Part II Division 4; or

            (b)         an organisation as defined in the Workplace Relations Act section 4;

        “referral agreement” has the meaning given in section 12(1);

        “referral proceeding” means a proceeding in relation to a referral under Part 2 Division 2;

        “Workplace Relations Act” means the Workplace Relations Act 1996 of the Commonwealth.

        (2)         A matter relating to —

            (a)         the dismissal of an employee by an employer; or

            (b)         the refusal or failure of an employer to allow an employee a benefit under the employee’s contract of employment,

                is and remains an employment dispute for the purposes of this Act even though the relationship as employee and employer has ended.



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