Western Australian Repealed Acts

This legislation has been repealed.

WORKPLACE AGREEMENTS ACT 1993 - SECT 43

43 .         Employees in the public sector

        (1)         Subject to this Act any person who is —

            (a)         appointed under a written law to a position as an officer or employee;

            (b)         employed by the Crown; or

            (c)         the holder of an office or position in or under a public authority,

                may be a party to a workplace agreement as an employee.

        (2)         Subsection (1) applies whether or not in law a person has a contract of employment.

        (3)         Subsection (1) does not apply to —

            (a)         the holder of an office mentioned in Division 1 of Part 1 of Schedule V to the Constitution Acts Amendment Act 1899 ;

            (b)         the holder of an office or position for which the remuneration is determined under the Salaries and Allowances Act 1975 , unless that person is an officer referred to in section 6(1)(d) or (e) of that Act; or

            (c)         the holder of any office or position, or class of office or position, that is prescribed by the regulations to be excluded from the operation of this Act.

        (4)         Without limiting section 14, a workplace agreement referred to in subsection (1) no longer applies to a person as an employee if his or her appointment or employment ceases or is terminated.

        (5)         Subsection (4) does not affect rights or obligations that under a workplace agreement are to take effect after termination of appointment or employment.

        [Section 43 amended by No. 1 of 1995 s. 38.]