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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
LEGISLATIVE COUNCIL
(Introduced by Hon. Tom Stephens)
WORKPLACE AGREEMENTS
(PROVISION OF CHOICE)
AMENDMENT BILL 1998
A BILL FOR
AN ACT to amend the Workplace Agreements Act 1993.
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Workplace Agreements
(Provision of Choice) Amendment Act 1998.
5 Commencement
2. This Act shall come into operation on the day on which it
receives the Royal Assent.
No. 4 -- 1
Workplace Agreements (Provision of Choice)
cl. 3 Amendment Bill 1998
Principal Act
3. In this Act the Workplace Agreements Act 1993* is referred
to as the principal Act.
[* Act No. 13 of 1993.
5 For subsequent amendments see 1997 Index to
Legislation of Western Australia, Table 1, p. 258.]
New section 24A
4. The principal Act is amended by inserting after section 24
the following --
10 ''
Employee may give notice to cancel
agreement
24A. (1) Notwithstanding any other
provision of this Act an employee may cancel a
15 registered workplace agreement by written
notice to the employer in the form prescribed by
regulation under this section.
(2) An employee must lodge a notice to
cancel under this section with the Commissioner.
20 (3) A workplace agreement the subject of a
notice under this section shall, subject to
subsection (5), cease to have effect 28 days after
such notice is lodged with the Commissioner and
the contract of employment that such workplace
25 agreement governed shall continue subject to the
terms and conditions of --
(a) the relevant provisions (if any);
2
Workplace Agreements (Provision of Choice)
Amendment Bill 1998 cl. 4
(b) the Minimum Conditions of
Employment Act 1993 (if applicable);
or
(c) any other agreement governing the
5 contract other than agreement under
this Act.
(4) Within 7 days of a notice to cancel being
lodged in accordance with this section the
Commissioner must notify any employer who is a
10 party to the workplace agreement the subject of
such notice informing the employer of --
(a) the notice to cancel; and
(b) the date from which such notice has
effect.
15 (5) Where an employee gives notice to cancel
a workplace agreement in accordance with this
section the provision as to unfair dismissal
implied in the agreement by section 18 shall
after the commencement of the effect of such
20 notice be treated as subsisting in relation to the
contract of employment governed by that
agreement.
(6) The Minister must, within 28 days from
the commencement of this section, make
25 regulations prescribing a form of notice for the
purposes of this section.
''.
3
Workplace Agreements (Provision of Choice)
cl. 5 Amendment Bill 1998
New section 25A
5. The principal Act is amended by inserting after section 25
the following --
''
5 Employees to sign election notice
25A. (1) An employer who is an intended
party to --
(a) an agreement that is intended by the
parties to be registered as a
10 workplace agreement; or
(b) an agreement under section 23 (1),
must, prior to entering into such agreement,
ensure that a copy of an election notice in the
form prescribed by regulation under this section
15 is given to and signed by each employee who is
an intended party to the agreement.
(2) An election notice prescribed by
regulation for the purposes of this section shall
include --
20 (a) a statement in plain english signed by
the employer that the employer has
informed the employee that the
contract of employment the subject of
an agreement referred to in
25 subsection (1) --
(i) is available to the employee
whether or not the employee
chooses to enter --
(A) such agreement; or
4
Workplace Agreements (Provision of Choice)
Amendment Bill 1998 cl. 5
(B) an award or any other
agreement other than one
covered by this Act; and
(ii) has been offered to the employee
5 under both forms of agreement
referred to in subparagraphs
(i) (A) and (i) (B) respectively of
paragraph (a);
(b) a statement in plain english signed by
10 the employee that --
(i) the contract of employment the
subject of an agreement referred
to in subsection (1) has been
offered to the employee by the
15 employer under both forms of
agreement referred to in
subparagraphs (i) (A) and (i) (B)
of paragraph (a); and
(ii) that the employee has elected to
20 enter the form of agreement
referred to in subparagraph
(i) (A) of paragraph (a); and
(c) a heading in bold upper case lettering
as follows --
25 '' PROVISION OF CHOICE ''.
(3) An election notice under this section
must be lodged with any agreement which is
lodged with the Commissioner for registration.
5
Workplace Agreements (Provision of Choice)
cl. 5 Amendment Bill 1998
(4) The Minister must, within 28 days from
the commencement of this section, make
regulations prescribing a form of notice for the
purposes of this section.
5 ''.
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