Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) An employing
authority whose offer of an office, post or position is accepted by a
registered employee shall credit the registered employee with all accrued and
accruing rights to annual leave, long service leave and sick leave, as
calculated in accordance with the relevant award, up to the time of that
acceptance, and, subject to the provisions of the award, allow the registered
employee to take accrued leave at any reasonable time or, in the case of sick
leave, during any period of sickness.
(2) A registered
employee to whom annual leave, long service leave or sick leave is credited
under subregulation (1) is not entitled to cash or any other benefit in
respect of that leave under any relevant award because of the break in
employment caused by the acceptance by that registered employee of the office,
post or position referred to in that subregulation.
(3) If a person who
was a registered employee referred to in subregulation (1) is required by
the location of the suitable office, post or position which he or she has
accepted to change his or her place of residence, his or her new employing
authority shall reimburse that person —
(a) all
reasonable expenses incurred by that person in moving his or her household
belongings to his or her new place of residence; or
(b) if
an award or another written law which applies to that person provides for the
payment of relocation expenses, relocation expenses in accordance with that
award or written law.
(4) An employing
authority whose offer of a suitable office, post or
position —
(a) is
accepted by a registered employee; and
(b) as
so accepted, entitles the registered employee to a rate of pay less than that
the registered employee was entitled to in respect of the office, post or
position occupied by the registered employee immediately before he or she
became a registered employee ( the previous office, post or position ),
shall during the
period of 6 months after the day on which the registered employee begins
employment in the new office, post or position pay to the registered employee
the rate of pay the registered employee received in respect of the previous
office, post or position.
(5) After the expiry
of the period of 6 months referred to in subregulation (4), the
employee concerned is to receive pay at the rate applicable to the new office,
post or position.
(6) Notwithstanding
the provisions of this regulation, an employee in respect of whom all or some
of the conditions of service are determined pursuant to a Commonwealth award
is not entitled to the benefits and payments provided for by this regulation.
(7) An employee
mentioned in subregulation (6) is entitled to such benefits and payments
as are determined by the Minister being not greater than the entitlements the
employee would have under this regulation if none of his or her conditions of
employment were covered by a Commonwealth award.
[Regulation 18 amended in Gazette
16 Aug 1996 p. 4050.]