Western Australian Repealed Acts

This legislation has been repealed.

WORKPLACE AGREEMENTS ACT 1993 - SECT 4H

4H .         Employment conditions if workplace agreement or arrangement terminated or employee ceases to be a party

        (1)         This section applies where —

            (a)         a workplace agreement or an arrangement under repealed section 19(4)(b) ceases to have effect as provided by section 4C, 4D, 4E or 4F; or

            (b)         an employee ceases to be a party to a collective workplace agreement as provided by section 4G.

        (2)         The employment of an employee becomes subject to a contract of employment under this section.

        (3)         If —

            (a)         the workplace agreement that ceased to have effect was an individual workplace agreement; or

            (b)         the arrangement under repealed section 19(4)(b) that ceased to have effect followed on the expiry of an individual workplace agreement,

                the contract of employment is one containing —

            (c)         the same provisions as those of the workplace agreement or arrangement that has ceased to have effect, other than the provisions implied by section 18; and

            (d)         if the employee had an existing contract of employment relating to the workplace agreement or arrangement, the provisions of that contract.

        (4)         If —

            (a)         the workplace agreement that ceased to have effect was a collective workplace agreement; or

            (b)         the arrangement under repealed section 19(4)(b) that ceased to have effect followed on the expiry of a collective workplace agreement,

                the contract of employment is an individual contract —

            (c)         applying to the employee such of the provisions of the collective workplace agreement or arrangement that has ceased to have effect, other than the provisions implied by section 18, as were applicable to the employee; and

            (d)         containing, in addition, the provisions of the existing contract of employment that the employee had relating to the workplace agreement or arrangement.

        (5)         A contract of employment referred to in subsection (3) or (4) has effect, and may be varied or terminated, as if it were a contract entered into between the employer and the employee.

        (6)         Despite subsection (2) the employer and the employee are bound by —

            (a)         any award that extends to them; or

            (b)         any employer-employee agreement under Part VID of the Industrial Relations Act 1979 to which they are parties.

        (7)         Where subsection (6)(a) applies, the award ordinary rate of pay (howsoever described in the award) shall, for the purposes of the award only, be the rate of pay as prescribed in the award and not that prescribed in the contract of employment.

        (8)         Where subsection (6)(a) applies, nothing in this section or in any other enactment or law requires an employer to pay an employee more than the greater of —

            (a)         the employee’s entitlement arising under the contract of employment; or

            (b)         the employee’s entitlement arising under the relevant award,

                whichever is the greater when assessed on a yearly basis.

        (9)         This section does not apply to —

            (a)         a workplace agreement that was registered under repealed section 40I; or

            (b)         an arrangement under repealed section 19(4)(b) that followed on the expiry of such a workplace agreement.

        Note for this section:

                For the position when an agreement or arrangement referred to in subsection (9) ceases to have effect, see section 152 of the Workplace Relations Act 1996 of the Commonwealth.

        [Section 4H inserted by No. 20 of 2002 s. 31.]