Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Minimum Conditions of
Employment Act 1993 and includes the amendments made by the other written
laws referred to in the following table. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
14 of 1993 |
23 Nov 1993 |
s. 1 and 2: 23 Nov
1993; |
|
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 64 and 66(5) and (6) |
79 of 1995 |
16 Jan 1996 |
s. 64: 16 Jan 1996 (see
s. 3(1)); |
|
Minimum Conditions of Employment Amendment
Act 1996 |
58 of 1996 |
11 Nov 1996 |
1 Dec 1993 (see s. 3) |
|
Labour Relations Legislation Amendment Act 1997
s. 39 |
3 of 1997 |
23 May 1997 |
23 May 1997
(see s. 2(1)) |
|
Reprint of the Minimum Conditions of Employment
Act 1993 as at
4 Jun 1997 |
|||
|
Labour Relations Reform Act 2002 s. 22 and
Pt. 10 Div. 1 2, 3, 4, 5 |
20 of 2002 |
8 Jul 2002 |
Pt. 10 Div. 1: 1 Aug 2002 (see s. 2
and Gazette 26 Jul 2002
p. 3459); |
|
Reprint of the Minimum Conditions of Employment
Act 1993 as at
4 Oct 2002 |
|||
|
Acts Amendment (Equality of Status) Act 2003
Pt. 45 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
Labour Relations Reform (Consequential Amendments)
Regulations 2003 r. 9 published in Gazette
15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) |
||
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 84 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 78 6 |
84 of 2004 (as amended by No. 2 of 2008
s. 78(3)) |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Minimum Conditions of Employment
Act 1993 as at
5 May 2006 |
|||
|
Labour Relations Legislation Amendment Act 2006
Pt. 2, s. 21 and Pt. 6 7 |
36 of 2006 |
4 Jul 2006 |
4 Jul 2006 (see s. 2(1)) |
|
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette
25 Nov 2008 p. 4989) |
|
|
Reprint 4: The Minimum Conditions of Employment
Act 1993 as at
13 Jun 2008 |
|||
|
Training Legislation Amendment and Repeal
Act 2008 s. 56 |
44 of 2008 |
10 Dec 2008 |
10 Jun 2009 (see s. 2(2)) |
2 The Labour Relations Reform Act 2002
s. 165(3)-(5) reads as follows:
“
(3) An agreement continues to have effect on and from the commencement day
in respect of the employee’s entitlement to annual leave that accrued
before the commencement day as if former section 8 had not been amended by
this Act.
(4) An agreement that provides for the foregoing of the employee’s
entitlement to annual leave that would have accrued after the commencement day
if former section 8 had not been amended by subsection (1) has effect
on and from the commencement day as if it provided for the foregoing of 50% of
that entitlement.
(5) In this section —
agreement means an agreement —
(a) under former section 8 for an employee to forgo his or her
entitlement to annual leave; and
(b) that is in effect immediately before the commencement day;
commencement day means the day on which subsection (1)
comes into operation;
former section 8 means section 8 of the Minimum
Conditions of Employment Act 1993 as it was in effect immediately
before the commencement day.
”.
3 The Labour Relations Reform Act 2002 s. 167
repealed the former Part 3 (including the former s. 15 relating to
minimum rates of pay). Section 168 and Sch. 1 of that Act read as
follows:
“
168. Transitional provisions for minimum weekly rates of
pay
(1) A minimum weekly rates of pay order under section 15 of the
Minimum Conditions of Employment Act 1993 that has effect
immediately before the commencement of Part 10 of the Labour Relations
Reform Act 2002 has no effect after that commencement.
(2) Schedule 1 and subsections (3) and (4) have effect for the
period commencing immediately after the commencement of Part 10 of the
Labour Relations Reform Act 2002 and ending when the first order
under section 51F(1) of the Industrial Relations Act 1979 has
effect.
(3) Schedule 1 clause 2 has the same effect as if it were a
provision of an order under section 51F(1) of the Industrial Relations
Act 1979 setting the minimum weekly rate of pay in relation to
employees who have reached 21 years of age and who are not apprentices or
trainees.
(4) Schedule 1 clause 4 has the same effect as if it were a
provision of an order under section 51F(1) of the Industrial Relations
Act 1979 setting the minimum weekly rate of pay in relation to
apprentices and trainees.
Schedule 1 — Transitional
minimum weekly rates of pay
[s. 168]
1. Interpretation
Unless the contrary intention appears, words and expressions used in this
Schedule have the same respective meanings as they have in the Minimum
Conditions of Employment Act 1993.
2. Minimum weekly rate of pay for employees 21 or more years
of age
The minimum weekly rate of pay applicable at a particular time to
employees who have reached 21 years of age but who are not apprentices or
trainees is the rate for the minimum adult weekly award wage for employees who
have reached 21 years of age and who are not apprentices or trainees, as
provided for in the General Order made under section 51(2) of the
Industrial Relations Act 1979 that is in effect at that
time.
3. Minimum weekly rate of pay for employees less than 21 years
of age
(1) The minimum weekly rate of pay applicable at a particular time to
employees who are of the age mentioned in the first column in the Table to this
subclause but who are not apprentices or trainees is the percentage, set out
opposite that age in the second column in the Table of the rate referred to in
clause 2 in effect at that time, rounded up to the nearest 10
cents.
Table
|
Age |
Percentage of 21 year old rate |
|
20 years |
90% |
|
19 years |
80% |
|
18 years |
70% |
|
17 years |
60% |
|
16 years |
50% |
|
under 16 years |
40% |
(2) Subclause (1) is for information only and if there is any
inconsistency between subclause (1) and section 13 of the Minimum
Conditions of Employment Act 1993, the section prevails.
4. Minimum weekly rate of pay for apprentices and trainees
(1) The minimum weekly rate of pay for an apprentice or trainee in
relation to whom a workplace agreement or an employer-employee agreement is not
in force is the rate of pay that is provided for under an award that applies to
that apprentice or trainee.
(2) The minimum weekly rate of pay for an apprentice or trainee in
relation to whom a workplace agreement or an employer-employee agreement is in
force is the rate of pay that is provided for under an award that would, if the
workplace agreement or employer-employee agreement were not in force, apply to
that apprentice or trainee.
”.
4 The Labour Relations Reform Act 2002
s. 169(2) and (3) read as follows:
“
(2) An entitlement to paid leave for illness or injury that accrued before
the commencement day is preserved on and from the commencement day as if former
section 19 had not been amended by this Act.
(3) In this section —
commencement day means the day on which subsection (1)
comes into operation;
former section 19 means section 19 of the
Minimum Conditions of Employment Act 1993 as it was in effect
immediately before the commencement day.
”.
5 The Labour Relations Reform Act 2002
s. 173(2) and (3) read as follows:
“
(2) An entitlement to paid annual leave that accrued before the
commencement day is preserved on and from the commencement day as if former
section 23 had not been amended by this Act.
(3) In this section —
commencement day means the day on which subsection (1)
comes into operation;
former section 23 means section 23 of the
Minimum Conditions of Employment Act 1993 as it was in effect
immediately before the commencement day.
”.
6 The Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Sch. 1 cl. 20 (amendment to
s. 46(1)) was deleted by the Criminal Law and Evidence Amendment
Act 2008 s. 78(3).
7 The Labour Relations Legislation Amendment
Act 2006 s. 31(2) reads as follows:
“
(2) Nothing in Part 4 Division 2 of the Minimum Conditions of
Employment Act 1993 requires an untaken entitlement that arose under
section 19(1) or 20A(1) of that Act as enacted before the commencement of
this section to be carried over from the year in which the entitlement arose to
the next year.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
adoption 32(1)
annual
leave 3(1)
apprentice 3(1)
authorised
leave 9A(4)
award 3(1)
carer’s leave 3(1)
continuous
service 3(1)
eligible 32(2), 32(3)
employee 3(1), 32(1),
40(1)
employer 3(1)
employer-employee agreement 3(1)
expected date of
birth 32(1)
first period of employment 32(3)(a)
industrial
instrument 9A(4)
IR Act 3(1)
medical practitioner 3(1)
member of the
employee’s family or household 3(1)
minimum condition of
employment 3(1)
modified basis 38(8)
offshore area 6(2)
on
call 3(3)
paid carer’s leave 20B(3)
parental
leave 32(1)
permissible occasion 20B(1)
prescribed
percentage 11(2)
public holiday 3(1)
redundant 40(1)
second period of
employment 32(3)(c)
the time 20A(2)
wages 17A(2)
year 19(5), 23(3),
24(4)