Western Australian Numbered Acts Western Australian Numbered Acts (1) In
section 7(1) delete the definitions of:
award
canvasser
Commonwealth Act
employee
employer
Fair Work Commission
(2) In
section 7(1) insert in alphabetical order:
approved form means a form approved by the Chief
Commissioner for the purposes of the provision in which the term is used;
award —
(a)
means an award made by the Commission under this Act; and
(b) for
the purposes of section 37C(1), includes an award made under a law of the
Commonwealth, another State or a Territory extending to and binding employees;
employee means —
(a) a
person who is employed by an employer to do work for hire or reward, including
as an apprentice; or
(b) a
person whose usual status is that of an employee;
employer means —
(a) a
person or public authority employing 1 or more employees; or
(b)
except as provided in the Foreign States Immunities Act 1985
(Commonwealth) section 12, a foreign state or consulate employing 1 or
more employees; or
(c) a
labour hire agency or group training organisation that arranges for an
employee (being a person who is a party to a contract of service with the
agency or organisation) to do work for another person, even though the
employee is working for the other person under an arrangement between the
agency or organisation and the other person;
enterprise award means an award that extends to
and binds a single employer who is not a body or entity referred to in the
definition of public sector award;
entitlement provision means —
(a) a
provision of any of the following —
(i)
an award;
(ii)
an industrial agreement;
(iii)
an employer-employee agreement;
(iv)
an order made by the Commission, other than an order made
under section 23A, 32(8), 44(6) or 66;
or
(b) a
provision of the LSL Act Part III; or
(c) a
minimum condition of employment as defined in the MCE Act section 3(1);
equal remuneration means equal remuneration for
men and women for work of equal or comparable value;
equal remuneration order has the meaning given in
section 51O(2);
federal organisation means an organisation of
employees registered under the FW (Registered Organisations) Act;
FW Act means the Fair Work Act 2009
(Commonwealth);
FW Commission means the body established by the FW
Act section 575;
FW (Registered Organisations) Act means the
Fair Work (Registered Organisations) Act 2009 (Commonwealth);
FW (Transitional) Act means the
Fair Work (Transitional Provisions and Consequential Amendments)
Act 2009 (Commonwealth);
industrial instrument means —
(a) an
award; or
(b) an
order of the Commission under this Act; or
(c) an
industrial agreement; or
(d) for
the purposes of section 49D or in relation to a SWIIP — an
employer-employee agreement;
LSL Act means the Long Service Leave
Act 1958 ;
MSI Act means the Mines Safety and Inspection
Act 1994 ;
OSH Act means the Occupational Safety and Health
Act 1984 ;
private sector award means an award other than a
public sector award or enterprise award;
produce includes exhibit, send or deliver;
public sector award means an award that only
extends to and binds the following —
(a) a
public sector body as defined in the Public Sector Management Act 1994
section 3(1);
(b) an
entity specified in the Public Sector Management Act 1994
Schedule 1 column 2;
record-related civil penalty provision means the
following —
(a)
section 49D(1), (6) or (8);
(b)
section 49DA(1) or (3);
(c)
section 49E(1);
(d)
section 102(1)(a);
(e) the
LSL Act section 7I(2), 26(1) or (2) or 26A(1);
serious contravention has the meaning given in
section 83EA(2);
supported wage industrial instrument provision or
SWIIP means a provision of an industrial instrument that —
(a)
applies to an employee with a disability; and
(b)
provides a means (a wage assessment tool ) for the assessment of whether, and
the extent to which, the employee’s productive capacity is reduced
because of the disability; and
(c)
provides that the employer may pay a wage that —
(i)
relates to the employee’s productive capacity as
assessed using the wage assessment tool; and
(ii)
may be less than the applicable minimum wage in the
industrial instrument;
Supported Wage System or SWS means the scheme
known by that name established by the Commonwealth Government to enable the
assessment of whether, and the extent to which, a person’s productive
capacity is reduced because of a disability;
(3) In
section 7(1) delete the definitions of:
MSI Act
OSH Act
Notes for this subsection:
1. If the
Work Health and Safety Act 2020 Part 15 Division 4
Subdivision 5 comes into operation on or before the day on which
subsection (2) comes into operation, this subsection will be proclaimed
to come into operation on the same day as subsection (2).
2. If the
Work Health and Safety Act 2020 Part 15 Division 4
Subdivision 5 comes into operation after the day on which
subsection (2) comes into operation, this subsection will be proclaimed
to come into operation on the day on which Part 15 Division 4
Subdivision 5 of that Act comes into operation.
(4) In
section 7(1) in the definition of industry delete paragraph (b) and
insert:
(b) the
performance of the functions of any public authority;
(5) In
section 7(1) in the definition of public authority after
“means” insert:
the Crown,
(6) After
section 7(1a) insert:
(2) In
subsection (2A) —
bullying or sexual harassment means behaviour to
which section 51BI(1) or (3) applies;
worker has the meaning given in section 51BH.
(2A) A matter relating
or pertaining to the bullying or sexual harassment of a worker is an
industrial matter.
(7) Delete
section 7(5).
(8) In
section 7(7) delete “ section 29(1)(b)(ii)” and insert: