Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
1 This is a compilation of the Workplace Agreements
Act 1993 and includes the amendments made by the other written laws
referred to in the following table 3. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
13 of 1993 |
23 Nov 1993 |
1 Dec 1993 (see s. 2 and Gazette
30 Nov 1993 p. 6439) |
|
|
Industrial Legislation Amendment Act 1995
s. 38 and Pt. 6 Div. 2 |
1 of 1995 |
9 May 1995 |
9 May 1995 (see s. 2(1)) |
|
Sentencing (Consequential Provisions) Act 1995
s. 139 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 18, 29 and 43 |
79 of 1995 |
16 Jan 1996 |
s. 29 and 43: 16 Jan 1996 (see
s. 3(1)); |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Labour Relations Legislation Amendment Act 1997
Pt. 6 Div. 2 and Pt. 10 4 |
3 of 1997 |
23 May 1997 |
Pt. 6 Div. 2: 23 May 1997
(see s. 2(1)); |
|
Reprint of the Workplace Agreements Act 1993
as at 4 Aug 1997 |
|||
|
Labour Relations Reform Act 2002
Pt. 3 Div. 1-3 5 |
20 of 2002 |
8 Jul 2002 |
Pt. 3 Div. 1-2: 15 Sep 2002 (see s. 2(1)
and Gazette 6 Sep 2002
p. 4487); |
|
Reprint of the Workplace Agreements Act 1993
as at
1 Nov 2002 |
|||
|
This Act expired on 14 Sep 03 (see section 4A of this
Act) |
|||
2 The Labour Relations Reform Act 2002 s. 31 came
into operation on 15 Sep 2002.
3 The amendment in the State Superannuation (Transitional and
Consequential Provisions) Act 2000 s. 75 is not included because
the Schedule it sought to amend had been repealed before the amendment purported
to come into operation.
4 The Labour Relations Legislation Amendment
Act 1997 s. 26(2) reads as follows:
“
(2) Notwithstanding subsection (1), subsections (2), (3) and
(4) of section 51 of the Workplace Agreements Act as in force immediately
before the coming into operation of this section continue to operate in respect
of any proceeding arising from an action brought before the coming into
operation of this section.
”.
5 The Labour Relations Reform Act 2002 Pt. 3 Div. 2
and 3 read as follows:
“
Division 2 — Transitional provisions for
amendments to the Workplace Agreements Act 1993 made by
Division 1
Subdivision 1 — Preliminary
73. Definitions
(1) In this Division —
“principal Act” means the Workplace Agreements
Act 1993.
(2) Terms used in this Division have the same meanings as they have in the
principal Act.
74. Interpretation Act 1984 not affected
The provisions of this Division do not affect the application of the
Interpretation Act 1984, so far as it is consistent with those
provisions, to the amendments made by this Part.
Subdivision 2 — Agreements under principal
Act
75. Saving of addition of parties under section 23
(1) The repeal of section 23 of the principal Act by section 42
does not affect the addition of an employee as a party to a collective workplace
agreement that occurred before the repeal by operation of an agreement under the
repealed section.
(2) Subsection (1) does not limit the operation of
section 4G.
76. Provision for unregistered collective workplace
agreements
(1) This section applies to a collective workplace agreement, including an
agreement made for the purposes of repealed Part 2A of the principal Act,
that was signed by the parties to it but that immediately before the
designatedday —
(a) had not been lodged for registration under repealed section 29;
or
(b) if lodged, had not been registered under repealed section 31 or
32, or refused registration.
(2) The repeal effected by section 48 makes the agreement incapable
of being lodged or registered, as the case may be.
(3) The repeal of section 26(1) of the principal Act by
section 46 does not operate to give any force or effect to a collective
workplace agreement that has not beenregistered.
77. Saving for unregistered agreements under
section 24(1)
(1) This section applies to an agreement under section 24(1) of the
principal Actthat was signed by the parties to it but that immediately before
the designated day —
(a) had not been lodged for registration under repealed section 29;
or
(b) if lodged, had not been registered under repealed section 31 or
refused registration.
(2) The agreement has effect according to its terms despite the fact that
it is not registered.
(3) If the commencement of the agreement is expressed in terms that depend
on it being registered, the agreement has effect on and after the designated
day.
Subdivision 3 — Registration
78. Registrar to take possession of register, documents and
records
(1) As soon as is practicable after the commencement of section 47
the Registrar is to take possession of —
(a) the register kept for the purposes of section 28 of the principal
Act;and
(b) all documents and records relating to the register, including
information stored or recorded by means of a computer.
(2) A person in possession or control of any thing referred to in
subsection (1), or premises on which it is kept, must comply with any
reasonable request that the Registrar makes for the purpose of carrying out that
subsection.
79. Registration not affected by repeal
The repeal of —
(a) sections 31 and 32 of the principal Act by section 48;
and
(b) sections 40I and 40J of the principal Act by
section 51,
does not, after the repeal, affect the force and effect that any
agreement had immediately before the repeal as an agreement registered under the
principal Act.
80. Continuation of status as excluded party
The repeal of section 32(4) of the principal Act by section 48
does not, after the repeal, affect the status that a person had immediately
before the repeal as an excluded party under that subsection, including the
exclusion of the person from the operation of section 12(1)(a) of the
principal Act.
81. Review under section 34 discontinued
A review under section 34 of the principal Act that is in progress
immediately before the repeal of that section by section 48 is
automatically discontinued by the repeal.
82. Appeal under section 35 discontinued
An appeal under section 35 of the principal Act that has been
commenced but not completed before the repeal of that section by section 48
is automatically discontinued by the repeal.
Subdivision 4 — Remedies and
offences
83. Recovery of amounts where section 4E or 4G
applies
(1) This section applies if an individual workplace agreement or an
agreement under repealed section 23(1) ceases to have effect under
section 4E or 4G of the principal Act.
(2) Either party to the agreement may recover from the other any amount
which, if the agreement had not taken effect, he or she —
(a) would have been entitled to receive; or
(b) would not have been required to pay,
as the case may be, in respect of the period when the agreement had
effect.
(3) The entitlement of an employee is to be determined for the purposes of
subsection (2)(a) as if any relevant award provision applied to the
employer and the employee during the period concerned.
(4) An amount referred to in subsection (2) is recoverable in
accordance with section 85.
84. Proceedings in progress under repealed section 51
(1) An action under section 51 of the principal Act that —
(a) was commenced in an industrial magistrate’s court; and
(b) immediately before the commencement of section 57 had not been
finally determined,
may be continued and dealt with by that court as if Part 5
Division 1 of the principal Act had not been amended by this
Part.
(2) The continued jurisdiction of an industrial magistrate’s court
under subsection (1) is to be treated as general jurisdiction of the court
for the purposes of section 81CA of the Industrial Relations
Act 1979.
(3) An appeal or further appeal may be brought under repealed
section 61 of the principal Act by a party to proceedings referred to in
subsection (1) as if the repeal had not occurred.
85. Amounts may be recovered under repealed
section 52
(1) A person may, despite the repeal of section 52 of the principal
Act by section 59, bring an action under the repealed section for the
recovery of an amount referred to in —
(a) that section; or
(b) section 83 of this Act,
and for that purpose Part 5 Division 1 applies as if it had not been
amended by this Part.
(2) The jurisdiction of an industrial magistrate’s court under
subsection (1) is to be treated as general jurisdiction of the court for
the purposes of section 81CA of the Industrial Relations
Act 1979.
86. Proceedings for offences
(1) Proceedings for an offence against section 67(2) of the principal
Act that were commenced before the amendment of that section by section 67
may be continued as if the amendment had not been made.
(2) Proceedings for an offence against section 67(2) of the principal
Act may be brought in respect of an act or omission that occurred before the
amendment of that section by section 67 as if the amendment had not been
made.
(3) Proceedings for an offence against section 68(1), 68(2), 69 or
70(1) that were commenced before the amendment of section 66 of the
principal Act by section 66 may be continued as if the amendment had not
been made.
(4) Proceedings for an offence against section 68(1), 68(2), 69 or
70(1) may be brought in respect of an act or omission that occurred before the
amendment of section 66 of the principal Act by section 66 as if the
amendment had not been made.
(5) A person may be punished on conviction for an offence in proceedings
referred to in subsection (1), (2), (3) or (4) despite section 11 of
The Criminal Code.
Subdivision 5 — Provisions relating to the
Commissioner
87. Definitions
In this Subdivision —
“commencement day” means the day on which
section 69 comes into operation;
“Commissioner” means the official appointed under
repealed section 82 of the principal Act.
88. References to Commissioner in agreements and
instruments
On and after the commencement day agreements and instruments —
(a) to which the Commissioner is a party; or
(b) which contain a reference to the Commissioner,
have effect, by operation of this section, as if —
(c) the Registrar were substituted for the Commissioner as a party to the
agreement or instrument; and
(d) any reference to the Commissioner were, unless the context otherwise
requires, a reference to the Registrar.
89. Proceedings and remedies
On and after the commencement day —
(a) the Registrar is a party to any proceedings by or against the
Commissioner commenced before that day; and
(b) any proceedings or remedy that might have been commenced by, or
available against or to, the Commissioner may be commenced by, and are available
against or to, the Registrar.
90. Other things in progress
(1) Any act, matter or thing done, or omitted to be done, before the
commencement day by, to or in respect of the Commissioner is to be taken to have
been done or omitted by, to or in respect of the Registrar.
(2) Subsection (1) applies only to the extent that the act, matter or
thing has any force, effect or significance after the commencement
day.
91. Annual report for part of year
(1) The Commissioner is to report as required by section 66 of the
Financial Administration and Audit Act 1985 for the period from the
preceding 1 July to the commencement day, and Part II Division 14 of that
Act applies as if that period were a full financial year.
(2) Despite section 69, the Commissioner continues in office so far
as is necessary for the purposes of subsection (1).
92. Completion of things commenced
Anything commenced to be done by the Commissioner under the principal Act
before the commencement day may be continued by the Registrar so far as the
doing of that thing is within the functions of the Registrar after that
day.
Subdivision 6 — Miscellaneous
93. Offender may be punished despite repeal of
section 25
Despite section 11 of The Criminal Code, a person may be
punished after the commencement of section 44 for an offence against
repealed section 25 of the principal Act.
94. Tribunal’s arbitration function under repealed
section 40E(b)
(1) This section applies to a workplace agreement that —
(a) is in force immediately before the commencement of section 51;
and
(b) provides for the appointment of the Tribunal under repealed
section 40E of the principal Act as an arbitrator in relation to disputes
that arise about the meaning or effect of the agreement.
(2) The workplace agreement is to be taken to provide for such disputes to
be referred to the Commission for determination.
(3) Regulations made for the purposes of section 7F(5)(c) of the
Industrial Relations Act 1979 apply to the practice and procedure
for the referral and determination of a dispute to which this section applies in
place of the provisions in that behalf contained in the workplace
agreement.
95. Immunity not affected
The repeal of Part 6 of the principal Act by section 69 does not
affect any immunity that a person had under that Part in respect of an act,
matter or thing done before the repeal.
96. Offshore application not affected
An agreement authorised by section 101 of the principal Act is not
affected by the repeal of that section by section 70.
97. Powers in relation to transitional provisions
(1) Ifthere is no sufficient provision in this Division for dealing with a
transitional matter the Governor may make that provision by
regulations.
(2) If in the opinion of the Minister an anomaly arises in the carrying
out of any provision —
(a) of this Division; or
(b) of the Interpretation Act 1984 as it applies to the
amendments made by this Part,
the Governor may by regulations —
(c) modify that provision to remove the anomaly; and
(d) make such provision as is necessary or expedient to carry out the
intention of that provision.
(3) Regulations under this section in relation to an amendment made to the
principal Act by this Part may be made so as to have effect from the
commencement of that amendment.
(4) To the extent that a provision of any such regulations has effect on a
day that is earlier than the day of their publication in the Gazette, the
provision does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the
State), the rights of that person existing before the day of publication;
or
(b) to impose liabilities on any person (other than the State) in respect
of anything done or omitted to be done before the day of publication.
(5) In subsection (1) —
“transitional matter” means a matter or thing necessary
or convenient to give effect to the transition from the principal Act, as in
force before the commencement of any provision of this Part, to the principal
Act as in force after that commencement.
Division 3 — Transitional provisions for the
expiry of the Workplace Agreements Act 1993
98. Definitions
(1) In this Division —
“the Act” means the Workplace Agreements
Act 1993.
(2) Terms used in this Division have the same meanings as they had in the
Act immediately before its expiry.
99. Interpretation Act 1984 not affected
The provisions of this Division do not affect the application of
sections 37 and 39 of the Interpretation Act 1984, so far as
they are consistent with those provisions, in relation to the expiry of the
Act.
100. Effect of certain provisions preserved
The provisions of section 4H and Part 2 Division 4 of the Act
are to be regarded as continuing to have effect after the expiry of the Act as
if they had not expired.
101. Offences under expired Act
Without otherwise limiting the operation of section 37(1)(e) of the
Interpretation Act 1984, a person who commits an offence against the
Act before it expires may be punished after it expires to the same extent as the
person could have been punished immediately before the expiry.
102. Application of enforcement provisions
(1) On the expiry of the Act, Part 5 Division 1 is to be taken to
continue in force to the extent necessary for the purpose of —
(a) enforcing —
(i) any right or entitlement that accrued; or
(ii) any obligation or liability that was incurred,
under a workplace agreement before the expiry; and
(b) bringing an appeal against a decision of an industrial
magistrate’s court under that Division as so continued.
(2) The continued jurisdiction of an industrial magistrate’s court
under subsection (1) is to be treated as general jurisdiction of the court
for the purposes of section 81CA of the Industrial Relations
Act 1979.
(3) Section 84(1)(b) of the Industrial Relations Act 1979
has effect for the purposes of this section as if it had not been repealed by
section 113(4).
103. Keeping of records
A person who was an employer under the Act must ensure that after the
expiry of the Act all records required to be kept by section 47 of the Act,
as in force immediately before the expiry, are —
(a) kept —
(i) in a legible form and using indelible material; or
(ii) in electronic form that is capable of being reproduced in a legible
printed format; and
(b) retained —
(i) in the case of entries relating to long service leave, during the
employment of the employee and for not less than 7 years after the
termination of that employment; and
(ii) in the case of any other entry, for not less than 7 years after
it is made.
Penalty: $5 000.
104. Access to records
(1) A person who is required to keep records under section 103
relating to a former employee must, on request in writing by a relevant
person —
(a) produce the records to the relevant person; and
(b) let him or her inspect them.
Penalty: $5 000.
(2) Relevant persons are —
(a) the former employee concerned;
(b) a person authorised in writing by the former employee; and
(c) an officer of the Commission authorised in writing by the
Registrar.
(3) The duty under subsection (1) —
(a) continues so long as the records concerned are required to be kept
under section 103; and
(b) includes the further duties to let the relevant
person —
(i) for the purpose of inspecting the records, enter premises of the
person who is required to keep them; and
(ii) take copies of or extracts from the records;
and
(c) must be complied with not later than 14 days after the request
for inspection is received.
105. Consequential amendment of other laws
(1) The Governor may make regulations having effect after the expiry of
the Act amending a written law for the purpose of making that law consistent
with the fact that the Act has expired.
(2) An amendment under subsection (1) may —
(a) delete from a written law a provision that relates solely to the Act;
and
(b) make changes to a provision to ensure that the omission of provisions
relating to the Act does not result in an anomaly in the grammar or formal
expression of the provision.
(3) Any provision of regulations made under this section may be expressed
to have effect from a time that is earlier than the day on which the regulations
are published in the Gazette.
(4) To the extent that a provision has effect as mentioned in
subsection (3), the provision does not operate so
as —
(a) to affect, in a manner prejudicial to any person (other than the
State), the rights of that person existing before the day of publication in the
Gazette; or
(b) to impose liabilities on any person (other than the State) in respect
of anything done or omitted to be done before the day of that
publication.
106. Powers in relation to transitional provisions
(1) Ifthere is no sufficient provision in this Division for dealing with a
transitional matter after the expiry of the Act the Governor may make that
provision by regulations.
(2) If in the opinion of the Minister an anomaly arises in the carrying
out of any provision —
(a) of this Division; or
(b) of section 37 of the Interpretation Act 1984 as
applied by section 39 of that Act,
the Governor may, on the recommendation of the Minister, by
regulations —
(c) modify that provision to remove the anomaly; and
(d) make such provision as is necessary or expedient to carry out the
intention of that provision.
(3) Any provision of regulations made under this section may be expressed
to have effect from a time that is earlier than the day on which the regulations
are published in the Gazette.
(4) To the extent that a provision has effect as mentioned in
subsection (3), the provision does not operate so
as —
(a) to affect, in a manner prejudicial to any person (other than the
State), the rights of that person existing before the day of publication in the
Gazette; or
(b) to impose liabilities on any person (other than the State) in respect
of anything done or omitted to be done before the day of that
publication.
(5) In subsection (1) —
“transitional matter” means a matter or thing necessary
or convenient to give effect to the transition from the Act being in force to
the Act having expired.
”.
Defined
terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined term Provision(s)
an agreement under this
Act 66
arbitrated decision 64(1)
award 3
bargaining
agent 3
collective workplace agreement 3
Commission 3
Deputy
Registrar 3
designated day 3
employee 3
employer 3
individual
workplace agreement 3
industrial magistrate’s court 49
legal
practitioner 3
organization 3, 22(2)
public
authority 41
Registrar 3
relevant enactment 46(2)
repealed 3
the
court 49
the repealed provision 8(2)
unfair 49
unfairly
dismissed 51(3)
workplace agreement 3, 49