Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
annual leave means leave provided for under
Division 3 of Part 4;
apprentice has the same meaning as in the
IR Act;
award means an award made under the IR Act
and includes any industrial agreement or order of the Commission under
that Act;
carer’s leave means leave taken by an
employee to provide care or support to a member of the employee’s family
or household who requires care or support because of —
(a) an
illness or injury of the member; or
(b) an
unexpected emergency affecting the member;
continuous service means service under an unbroken
contract of employment and includes any period of leave or absence authorised
by the employer or by an employer-employee agreement, an award, a contract of
employment or this Act;
employee means a person who is an employee within
the meaning of the IR Act, but does not include a person who belongs to a
class of persons prescribed by the regulations as persons not to be treated as
employees for the purposes of this Act;
employer has the same meaning as in the
IR Act;
employer-employee agreement means an
employer-employee agreement under Part VID of the IR Act;
IR Act means the Industrial Relations
Act 1979 ;
medical practitioner means a person who is
registered under the Medical Practitioners Act 2008 and who has a current
entitlement to practise under that Act;
member of the employee’s family or household
means any of the following persons —
(a) the
employee’s spouse or de facto partner;
(b) a
child, step-child or grandchild of the employee (including an adult child,
step-child or grandchild);
(c) a
parent, step-parent or grandparent of the employee;
(d) a
sibling of the employee;
(e) any
other person who, at or immediately before the relevant time for assessing the
employee’s eligibility to take leave, lived with the employee as a
member of the employee’s household;
minimum condition of employment means —
(aa) the
requirement as to maximum hours of work prescribed by Part 2A;
(a) a
rate of pay prescribed by this Act;
(b) a
requirement as to pay, other than a rate of pay, prescribed by this Act;
(c) a
condition for leave prescribed by this Act;
(d) the
use, in manner prescribed by this Act, of a condition for leave prescribed by
this Act; or
(e) a
condition prescribed by Part 5;
public holiday , in respect of an area in the
State, means a day mentioned in Schedule 1 that is a public holiday in
that area.
(2) In this Act a
reference to a period worked does not include a reference to a period outside
the hours the employee was required ordinarily to work during which the
employee was on call.
(3) For the purposes
of subsection (2), the employee was on call in a period if, in that
period the employee was required —
(a) to
remain at his or her place of employment; or
(b) to
be available to undertake duties of employment,
but was not
required to undertake any other duty of employment.
[Section 3 amended by No. 79 of 1995
s. 66(5); No. 58 of 1996 s. 4; No. 20 of 2002
s. 22(2), 164 and 177; No. 28 of 2003 s. 144; No. 36 of 2006
s. 4 and 28; No. 22 of 2008 s. 162; No. 44 of 2008
s. 56(2)-(3); amended in Gazette 15 Aug 2003 p. 3688.]