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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Minimum Conditions of Employment (Blue Flu)
Amendment Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendment to the
Minimum Conditions of
Employment Act 1993
3. The Act amended 3
4. Section 22 amended 3
081--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Buswell MLA)
Minimum Conditions of Employment (Blue Flu)
Amendment Bill 2005
A Bill for
An Act to amend section 22 of the Minimum Conditions of
Employment Act 1993 and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Minimum Conditions of Employment (Blue Flu) Amendment Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Minimum Conditions of
Employment (Blue Flu) Amendment Act 2005.
5 2. Commencement
This Act comes into operation on the day on which it receives
royal assent.
page 2
Minimum Conditions of Employment (Blue Flu) Amendment Bill 2005
Amendment to the Minimum Conditions of Employment Act Part 2
1993
s. 3
Part 2 -- Amendment to the Minimum Conditions of
Employment Act 1993
3. The Act amended
The amendments in this Part are to the Minimum Conditions of
5 Employment Act 1993.
4. Section 22 amended
(1) Section 22 is amended by inserting before "An" the subsection
designation "(1)".
(2) At the end of section 22 the following subsections are
10 inserted --
"
(2) Despite subsection (1), where the employer considers,
on reasonable grounds, that an employee's claim for
paid leave is for a period of absence was industrially
15 motivated, then the employee has no entitlement to
paid leave unless the employee provides a medical
certificate and a statutory declaration that supports their
claim.
(3) An employee who makes a false claim for paid leave
20 under section 19(1) commits an offence.
Penalty: $500.
(4) In this section "industrially motivated" means
motivated by one or more of the following purposes, or
by purposes that include one or more of the following
25 purposes:
(a) supporting or advancing claims against an
employer in respect of the employment of
employees of that employer;
(b) advancing industrial objects of an industrial
30 association;
page 3
Minimum Conditions of Employment (Blue Flu) Amendment Bill 2005
Part 2 Amendment to the Minimum Conditions of Employment Act
1993
s. 4
(c) disrupting the performance of work.
The employer referred to in paragraph (a) need not be the
employer whose employees do the work to which the action
relates.
5 ".
page 4
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