Western Australian Current Acts

MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Application to Crown

   PART 2 -- Application of minimum conditions  

   5.      Minimum conditions implied in awards etc.
            
   6.      Application offshore
            
   7.      Enforcement of minimum conditions
            
   8.      Cashing out of accrued annual leave

   PART 2A -- Reasonable hours of work  

   9A.     Maximum hours of work
            
   9B.     Reasonable additional hours

   PART 3 -- Minimum rates of pay

           Division 1 -- General  

   10.     Entitlement of employees to be paid minimum rate of pay
            
   11.     Minimum rate of pay for casual employees includes loading
            
   12.     Minimum weekly rate of pay for employees aged 21 or more
            
   13.     Minimum weekly rate of pay for employees aged under
            
   14.     Minimum weekly rates of pay for apprentices

           Division 2 -- Employees with disabilities  

   15.     Terms used
            
   16.     Application of Act to employee with disability
            
   17.     Minimum pay for employee with disability

   PART 3A -- Other requirements as to pay  

   17A.    Terms used
            
   17B.    Employee not to be compelled to accept other than money for pay
            
   17BA.   Employees and prospective employees not to be unreasonably compelled to spend or pay amount
            
   17C.    Employee’s pay, methods of payment
            
   17D.    Authorised deductions from pay
            
   17E.    Certain terms of no effect

   PART 4 -- Minimum leave conditions

           Division 1 -- Preliminary  

   18.     Paid leave, how pay calculated

           Division 2 -- Personal leave  

   19.     Personal leave
            
   20.     Entitlement to paid personal leave
            
   21.     Entitlement to unpaid personal leave
            
   22.     Certain matters as to personal leave not minimum conditions
            
   22A.    Employee to prove entitlements to personal leave

           Division 3 -- Annual leave  

   23.     Paid annual leave, entitlement to
            
   24.     Annual leave payments, when to be made
            
   25.     Annual leave, when may be taken
            
   26.     General Order as to annual leave of no effect

           Division 4 -- Bereavement leave  

   27.     Paid bereavement leave, entitlement to
            
   28.     Proof of entitlement may be required

           Division 5 -- Public holidays  

   30.     Public holidays, entitlement to pay for
            
   31.     Penalty rates for work on public holidays not a minimum condition

           Division 6 -- Parental leave  

   32.     Terms used
            
   33.     Unpaid parental leave, entitlement to
            
   34.     Maternity leave to start 6 weeks before birth
            
   35.     Employee to prove entitlement to parental leave
            
   36.     Employee to notify employer of spouse’s parental leave
            
   37.     Parental leave period, notice to employer of etc.
            
   38.     Return to work after parental leave
            
   38A.    How and when a request or requirement as to parental leave or return to work can be made
            
   38B.    Grounds for determining a request or making a requirement as to parental leave or return to work
            
   39.     Effect of parental leave on service record

           Division 7 -- Unpaid family and domestic violence leave  

   39A.    Terms used
            
   39B.    Entitlement to unpaid family and domestic violence leave
            
   39C.    Taking unpaid family and domestic violence leave
            
   39D.    Employee to prove entitlements to unpaid family and domestic violence leave
            
   39E.    Confidentiality

   PART 5 -- Minimum conditions for employment changes with significant effect, and redundancy  

   40.     Terms used
            
   41.     Employee to be informed
            
   42.     Employer not bound to disclose prejudicial information
            
   43.     Paid leave for job interviews, entitlement to

   PART 7 -- Regulations  

   47.     Regulations

   PART 8 -- Transitional provisions for Industrial Relations Legislation Amendment Act 2021  

   48.     Term used: commencement day
            
   49.     Employees with disabilities
            
   50.     “Under rate employee” provisions in awards
           SCHEDULE 1 -- Public holidays