Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This regulation
applies where, under section 14(1)(h) of the Act, the
Commission —
(a)
accredits a training course designed for safety and health representatives to
attend, subject to course availability, during the first year of holding
office; or
(b)
accredits a training course designed to update the knowledge of safety and
health representatives who have completed an introductory course.
(2) In this
regulation —
introductory course means a course of a kind
referred to in subregulation (1)(a) accredited as referred to in that
provision;
representative means a safety and health
representative;
transitional course means a course of a kind
referred to in subregulation (1)(b) accredited as referred to in that
provision.
(3) A representative,
subject to the availability of introductory courses, is to endeavour to attend
an introductory course within the first 12 months of being elected.
(4) A representative
who has not previously attended an introductory course may give to his or her
employer notice in writing in accordance with subregulation (4b) that the
representative wishes to attend an introductory course.
(4a) A representative
who has previously attended an introductory course but completed it before
March 2005 may, if the representative has not completed a transitional
course after February 2005, give to his or her employer notice in writing in
accordance with subregulation (4b) that the representative wishes to
attend a transitional course.
(4b) Notice under
subregulation (4) or (4a) that a representative wishes to attend a course
has to be given not less than 21 days, or a shorter period agreed between
the representative and the employer, before the commencement of the course.
(5) If a
representative has given notice under subregulation (4) or (4a) that he
or she wishes to attend a course then the employer, subject to
subregulation (7), is to permit the representative to take off work, with
pay, such time, not exceeding 5 days, as is required for the purpose of
attending that course.
(6) An employer who
has been given notice under subregulation (4) or (4a) by a representative
wishing to attend a course may consult with the representative or the relevant
trade union concerning the attendance of the representative at that course
and, in those consultations, due regard is to be given to the need to minimise
any adverse effect on the operation of the business of the employer.
(7) If the employer
has consulted under subregulation (6) with the representative or trade
union concerned, the employer may decline to permit attendance at the course
as wished but instead permit attendance at the next course of the same kind
available that the representative wishes to attend.
(8) The pay to which a
representative is entitled in respect of time the representative is permitted
to take off work to attend an introductory course or a transitional course
must be calculated at the representative’s ordinary rate of pay on the
time that the representative would ordinarily have worked had the
representative worked his or her scheduled work time —
(a)
including —
(i)
regular over award payments for ordinary hours of work;
(ii)
shift work premiums according to roster or projected
roster including Saturday or public holiday shift;
(iii)
industry allowances;
(iv)
climatic, regional, and other like allowances;
(v)
first aid allowances;
(vi)
tool allowances;
(vii)
qualification allowances;
(viii)
service grants made on a regular basis;
(ix)
experience allowances; and
(x)
any penalty rates that are paid in relation to actual
hours worked or payment of which are guaranteed by a contract of service
whether the hours were required to be worked or not;
(b) but
not including —
(i)
overtime payments (except if they form part of the
contract of service);
(ii)
camping allowances;
(iii)
travelling allowances;
(iv)
disability rates such as for confined spaces and dirty
work;
(v)
car allowances; or
(vi)
meal allowances,
but nothing in this
subregulation excludes an entitlement to additional payments that may be set
out in an award or agreed between the employer and the representative as being
applicable.
(9) An employer must
not alter the conditions or remuneration of a person who is a representative
to the detriment of that person unless the alteration is in accordance with
this regulation.
Penalty:
(a) in
the case of an individual —
(i)
for a first offence, $10 000; and
(ii)
for a subsequent offence, $12 500;
or
(b) in
the case of a body corporate —
(i)
for a first offence, $20 000; and
(ii)
for a subsequent offence, $25 000.
(10) Attendance at an
introductory course or a transitional course is to be regarded as service for
the purposes of ascertaining any entitlement under an award.
(11) In
subregulation (8) —
award means —
(a) an
award under the Industrial Relations Act 1979 , and includes any
industrial agreement or order under that Act;
(b) an
award or order that has been reduced to writing under section 143(1) of
the Industrial Relations Act 1988 of the Commonwealth;
(c) an
enterprise flexibility agreement within the meaning of the Industrial
Relations Act 1988 of the Commonwealth; or
(d) an
award under the Coal Industry Tribunal of Western Australia Act 1992 ,
and includes any order under that Act and any agreement that comes within
section 12(4) or 17(1) of that Act.
[Regulation 2.2 amended in Gazette
15 Aug 2003 p. 3689; amended in Gazette 14 Dec 2004
p. 6016; 4 Mar 2005 p. 881-3.]