Western Australian Consolidated Acts

MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 - SECT 8

8 .         Limited contracting-out of annual leave conditions

        (1)         After the completion of any year of service by an employee, the employer and employee may agree that the employee may forgo taking annual leave to which the employee became entitled in relation to that year of service if —

            (a)         the amount of annual leave forgone does not exceed 50% of the whole amount of annual leave to which the employee became entitled in relation to that year of service;

            (b)         the employee is given an equivalent benefit in lieu of the amount of annual leave forgone; and

            (c)         the agreement is in writing.

        (2)         An agreement referred to in subsection (1) is of no effect if the employer’s offer of employment was made on the condition that the employee would be required to enter into the agreement.

        (3)         The employer must not —

            (a)         require the employee to forgo taking an amount of annual leave; or

            (b)         exert undue influence or undue pressure on the employee in relation to the making of a decision by the employee whether or not to forgo taking an amount of annual leave.

        (4)         A contravention of subsection (3) is not an offence but that subsection is a civil penalty provision for the purposes of section 83E of the IR Act.

        [Section 8 amended by No. 20 of 2002 s. 165(1) and (2); No. 36 of 2006 s. 29.]