Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears —
accrued long service leave
means —
(a) long
service leave entitlements that have actually become due; and
(b) pro
rata long service leave for any period during which rights to long service
leave have been accruing as if a pro rata entitlement had actually become due
in respect of that period;
award means —
(a) a
contract of employment;
(b) an
award, industrial agreement or order under the Industrial
Relations Act 1979 ; or
[(c) deleted]
(d) a
Commonwealth award;
Commonwealth award means an award, certified
agreement or enterprise flexibility agreement under the Industrial Relations
Act 1988 of the Commonwealth;
continuous service has the same meaning as it has
in the Wages Employees Long Service Leave General Order of The Western
Australian Industrial Relations Commission;
enterprise bargaining allowance means a payment
that —
(a) does
not come within paragraph (a) of the definition of “pay” in
this subregulation;
(b) is
paid on a regular basis; and
(c) is
paid under —
(i)
an enterprise flexibility agreement the implementation of
which has been approved under the Industrial Relations Act 1988 of the
Commonwealth;
(ii)
an agreement that is a certified agreement under that
Act; or
(iii)
an agreement registered as an industrial agreement under
the Industrial Relations Act 1979 ;
pay means —
(a) the
award rate of pay, excluding allowances, applicable to the substantive
classification of the recipient of the pay or, where the recipient does not
have a substantive classification, the rate of pay, excluding allowances,
under his or her contract of employment;
(aa) an
allowance —
(i)
that is always paid with the award rate of pay applicable
to the substantive classification of the recipient of the pay or, where the
recipient does not have a substantive classification, with the rate or pay
under his or her contract of employment; and
(ii)
the payment of which is not subject to any condition
relating to the time, place or circumstances at or in which the recipient of
the pay is employed, or to any other condition;
(b) an
enterprise bargaining allowance;
(c) an
allowance for an employee being in charge of other employees; and
(d) a
tally or piece rate,
but does not include an allowance of any other
kind unless the Minister has approved the allowance for the purposes of this
definition;
registered employee means an employee who is
registered under regulation 11;
suitable office, post or position or suitable
employment has the meaning given by section 94(6) of the Act as read with
subregulations (2) and (3);
the employee’s average weekly hours means
the average number of hours (not including overtime) that the employee worked
each week during the employee’s period of continuous service;
the employee’s full-time weekly pay
means —
(a) if
the employee is employed on a full-time basis, the employee’s weekly
pay; or
(b) if
the employee is employed on a part-time basis, the amount that would be the
employee’s weekly pay if the employee were employed on a full-time
basis;
the employee’s period of continuous service
means the period of continuous service in the Public Sector (including a
ministerial office) served by the employee —
(a) in
any period greater than 10 years for which, in the Minister’s
opinion, there are reliable records of the hours worked each week by the
employee; or
(b) if
paragraph (a) does not apply, in the period of 10 years,
ending on the day of acceptance by the employee
of, as the case requires —
(c) an
offer referred to in regulation 9(1) or 19(1); or
(d) an
offer of a severance payment referred to in regulation 20(1);
the employee’s potential full-time weekly
hours means the number of hours (not including overtime) that the employee
would have worked each week during the employee’s period of continuous
service if the employee had been employed on a full-time basis during that
period.
(2) For the purposes
of paragraph (c) of the definition of “suitable office, post or
position” or “suitable employment” in section 94(6) of
the Act, the prescribed criteria to be satisfied by an office, post or
position or employment, as the case requires, are that —
(a) it
is the most suitable actually available; and
(b) the
maximum pay applicable to the office, post or position or employment
is —
(i)
as close to that applicable to the former office, post,
position, or employment as is reasonably practicable; and
(ii)
in any case, subject to subregulation (3), is not
less than 80%, nor more than 110%, of the maximum pay applicable to the range
of classification within which the office, post or position or employment
occupied or formerly occupied by the employee in question is or was situated.
(3) For the purposes
of subregulation (2) the maximum pay of a part-time employee is to be the
same proportion of the maximum full-time pay as the number of hours worked
each week bears to the number of hours provided for in the award as
constituting a week’s work.
(4) For the purposes
of these regulations, the periodic rate of pay of an employee who was,
immediately before accepting an offer of voluntary severance, a tally or piece
rate worker is to be calculated by reference to the average periodic rate of
pay received by that employee for each period worked during the 12 months
ending on the day of that acceptance.
(5) Where an
organisation is abolished and its functions or some of its functions become
vested in a body that is established by a written law, is owned by the State
but is not within the Public Sector —
(a) that
body is not “a person outside the Public Sector” for the purposes
of regulation 8(1); and
(b) any
office, post or position in that body is not an “office, post or
position outside the Public Sector” for the purposes of
regulation 19(1).
[Regulation 3 amended in Gazette
12 Dec 1995 p. 6067-8; 24 May 1996 p. 2166-7;
16 Aug 1996 p. 4049; 15 Aug 2003 p. 3691.]