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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. Dee Margetts)
Workers' Rights Reinstatement and Protection
Bill 2001
A Bill for
An Act to --
• repeal the Workplace Agreements Act 1993
• amend the Industrial Relations Act 1979
and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Workers' Rights Reinstatement and
5 Protection Act 2001.
page 1
91 --1
Workers' Rights Reinstatement and Protection Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Principal Act
5 In this Act the Industrial Relations Act 1979 is referred to as the
principal Act.
page 2
Workers' Rights Reinstatement and Protection Bill 2001
s. 4
Part 2 -- Workplace Agreements Act 1993 Repealed
4. 1993 Act repealed and principal Act amended
(1) The Workplace Agreements Act 1993 is repealed.
(2) Part 1A and section 26A of the principal Act are repealed.
5 5. Transitional arrangements
(1) The repeals effected by section 4 --
(a) do not terminate a workplace agreement then in
existence which continues to apply, subject to this
section, for the remainder of its stated term or 180 days,
10 whichever is the sooner;
(b) do not affect the application or operation of a repealed
provision to a workplace agreement under paragraph (a).
(2) A workplace agreement that expires after this Act comes into
operation cannot be renewed.
15 6. Terminated workplace agreement to revert to award
conditions
(1) A contract of employment that continues beyond the expiry,
termination, or withdrawal from, a workplace agreement to
which it relates, continues subject to the provisions of an
20 applicable award or, if there is no such award, the law that
governs such a contract of employment.
(2) Where subsection (1) applies, an employee retains any term or
condition of the contract of employment that exceeds a
comparable award provision.
25 7. Commission to determine disputes
The interpretation and application of any provision of this Part
is an "industrial matter" within the meaning of section 7(1) of
page 3
Workers' Rights Reinstatement and Protection Bill 2001
s. 7
the principal Act and the Industrial Relations Commission has
jurisdiction accordingly.
page 4
Workers' Rights Reinstatement and Protection Bill 2001
s. 8
Part 3 -- Unfair Dismissal Claims
8. Section 23A of principal Act amended
Section 23A of the principal Act is amended --
(a) in subsection (1)(ba) by deleting the words "subject to
5 subsections (1a) and (4)";
(b) in subsection (1a) by deleting paragraph (b);
(c) by deleting subsection (3);
(d) in subsection (4) --
(i) by deleting the words "or (3)";
10 (ii) by deleting the number "6" and substituting the
number "12";
(iii) by inserting after "this subsection" the
expression "(a)" and by adding the following --
"
15 (b) in this subsection "remuneration"
means the aggregate amount received
and includes a benefit (whether in
money or not).
"
20 9. Section 29 amended
Section 29 of the principal Act is amended by adding the
following --
"
unless the Chief Commissioner is satisfied that any
25 failure to comply with that requirement did not result
from any neglect by the employee in which case the
Chief Commissioner may permit a referral but not later
than 14 days after the expiration of the 28 day period.
"
page 5
Workers' Rights Reinstatement and Protection Bill 2001
s. 10
Part 4 -- Power to Enter Premises; Power to Inspect
Employment Records
10. Section 49AB repealed and substituted
Section 49AB of the principal Act is repealed and the following
5 section is substituted--
"
49AB. Right of entry to workplace
(1) A representative of an organization may enter a
workplace if employees at that workplace are, or are
10 eligible to be, members of the organization.
(2) The power under subsection (1) is to be exercized
reasonably and is not to disrupt, or be used in order to
disrupt, work being carried out at the time.
(3) A provision in any award, order, or industrial
15 agreement that is inconsistent with this section is
ineffective to the extent of the inconsistency.
"
11. Section 49B amended
Section 49B of the principal Act is amended --
20 (a) by repealing subsections (1)-(3) and substituting the
following --
"
(1) Subject to subsection (2), a representative of an
organization is entitled to inspect the time and
25 wages records of an employee or former
employee.
(2) A power under subsection (1) cannot be
exercized to inspect the time and wages records
of an employee or former employee who, by
page 6
Workers' Rights Reinstatement and Protection Bill 2001
s. 11
written notice to the employer, requires that the
employee's or former employee's time and
wages records not be made available for
inspection under subsection (1).
5 (3) A notice given under subsection (2) is
ineffective unless it contains a statement that it
is given without duress or threats or
intimidation by, or on behalf of the employer.
";
10 (b) in subsection (4) by deleting paragraph (b).
page 7
Workers' Rights Reinstatement and Protection Bill 2001
s. 12
Part 5 -- Parts of Principal Act Repealed
12. Parts and Schedule of principal Act repealed
Part IIIA, VIB, VIC and Schedule 2 of the principal Act are
repealed.
5
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