Western Australian Repealed Acts

This legislation has been repealed.

WORKPLACE AGREEMENTS ACT 1993 - SECT 57

57 .         Orders that can be made

        (1)         In any proceedings under this Division the court may —

            (a)         order the payment of any amount payable under the workplace agreement;

        [(b)         deleted]

            (c)         subject to section 58, order the payment of an amount for compensation for loss or injury caused by —

                  (i)         breach of the workplace agreement; or

        [(ii)         deleted]

            (d)         where an employee has been dismissed in breach of the workplace agreement, order the employer —

                  (i)         to reinstate or re-employ the employee; or

                  (ii)         subject to subsection (2) and section 58, to pay compensation to the employee for loss or injury caused by the breach;

            (e)         make any ancillary or incidental order that the court thinks necessary for giving effect to any order made under this subsection.

        (2)         The court is not to make an order under subsection (1)(d)(ii) unless —

            (a)         it is satisfied that reinstatement or re-employment of the claimant is impracticable; or

        [(b)         deleted]

        (2a)         For avoidance of doubt, an order under subsection (1)(d)(ii) may permit the employer concerned to pay the compensation required in instalments specified in the order.

        (3)         An order under subsection (1) may require that it be complied with within a specified time.

        (4)         If an employer fails to comply with an order under subsection (1)(d)(i) the court may, upon further application, revoke that order and, subject to section 58, make an order for the payment of compensation for loss or injury caused by the breach of the workplace agreement.

        [Section 57 amended by No. 1 of 1995 s. 47; No. 3 of 1997 s. 28; No. 20 of 2002 s. 62.]