Workplace Agreements Amendment Regulations 1998 (WA)

9 June 1998] GOVERNMENT GAZETTE, WA 3145

COMMISSIONER WORKPLACE AGREEMENTS

WX301*

WORKPLACE AGREEMENTS ACT 1993

WORKPLACE AGREEMENTS AMENDMENT REGULATIONS 1998

Made by the Governor in Executive Council.
Citation

1.    These regulations may be cited as the Workplace Agreements Amendment

Regulations 1998.

Principal regulations

2. In these regulations the Workplace Agreements Regulations 1993* are referred to as

the principal regulations.

[ * Published in Gazette 30 November 1993, p. 6443-48.

For amendments to 16 April 1998 see 1997 Index to Legislation of Western Australia,

Table 4, p. 313.]

Part 2 repealed and a Part substituted

3.    Part 2 of the principal regulations is repealed and the following Part is substituted

PART 2— LODGEMENT OF AGREEMENTS FOR

REGISTRATION OR APPROVAL

Lodgement of agreements for registration or approval

3. (1) This regulation applies to an agreement that is —

(a) a workplace agreement;

(a)	by presenting a signed copy of it at the Commissioner's registry office between the hours of 8.30 a.m. and 5.00 p.m. from Monday to Friday, except on a day that is a public holiday or a public service holiday;
(b)	by posting a signed copy of it by registered post addressed to the Commissioner's registry office; or
(c)	by sending a facsimile of the original document by facsimile transmission to the Commissioner's registry office.

(b) an agreement under section 23 (1) or 24 (1) of the Act;

(c) a collective workplace agreement to which Part 2A of the Act applies; or

(d) an agreement under section 23 (1) of the Act as applied by section 40J (1) of the Act.

(2) A person who wishes to lodge an agreement with the Commissioner for registration, or with the Tribunal for approval, as is applicable to the case, must do so in accordance with subregulations (3), (4) and (5).

(3) An agreement must be accompanied by a completed application to register or to approve, as is applicable to the case, in the form of Form 1 in Schedule 1 unless the Commissioner is of the view that the information required to be set out in Form 1 is adequately contained in the lodged agreement or in any other accompanying document.

(4) A collective workplace agreement to which Part 2A of the Act applies or an
agreement under section 23 (1) as applied by section 40J (1) of the Act must be

accompanied by the information required to be set out in Form 2 in Schedule 1.

(5) An agreement or any accompanying form or document may be lodged —

3146 GOVERNMENT GAZETTE, WA [9 June 1998

accompanying form or document by registered post is to be treated as being (6) Unless the contrary is proved, lodgement of an agreement or any

effected at the time when the post would have been delivered in the ordinary
course of delivery of registered post.

(7) Where an agreement or any accompanying form or document ('document") is sent by facsimile transmission, lodgement of the document is to be treated as being effected upon completion of the transmission of the document unless it is subsequently established by or on behalf of the Commissioner that the document was not in fact received by the registry office facsimile machine or that the facsimile received was not legible or complete.

lodgement unless - (8) The Commissioner may refuse to accept an agreement for registration or

(a) it is typed on one side only of the paper; and

(b) it is in the English language.

Regulation 5 amended

4.   (1) Regulation 5 (1) (a) of the principal regulations is amended by deleting "Form 2"

and substituting the following -

Form 3 ".

regulation are amended in each case by deleting "certified mail" and substituting the (2) The provisions of regulation 5 of the principal regulations set out in the Table to this

following -

registered post ".

Table

reg. 5 (1) (b) (iii) reg. 5 (1) (b) (ii) reg. 5 (2) (twice)

substituting the following - (3) Regulation 5 (2) of the principal regulations is amended by deleting "the mail" and

- the post ".
Schedule 1 amended

5.   Schedule 1 to the principal regulations is amended by deleting Form I and Form 2 and

substituting the following forms -

Form 1

[reg. 3 (3)]

Workplace Agreements Act 1993 sections 29 and 40F

APPLICATION FOR REGISTRATION OR APPROVAL

OF AGREEMENT

Please complete sections 1 - 7 inclusive

1. I/we wish to have the attached agreement registered as (/ where applicable):

O An individual workplace agreement.

O A collective workplace agreement (other than an agreement intended to

prevail over a federal award).

O An agreement under section 23 (1) of the Act (addition of party or parties to a collective workplace agreement).
O An agreement under section 24 (1) of the Act (cancellation of a workplace

agreement).

0 A collective workplace agreement or addition to a collective workplace agreement intended to prevail over a federal award. (If this option Is ticked, a Form 2 must also be complete. See Employer Guide for details).

2.  EMPLOYER (complete below or state page number in agreement where details are found).

COMPANY NAME (Pty. Ltd., Ltd.,	Inc. or individual's name)
TRADING NAME
BUSINESS ADDRESS
MAILING ADDRESS
(if different)

Postcode:

PHONE
CONTACT NAME & POSITION

9 June 19981 GOVERNMENT GAZETTE, WA 3147

3.

EMPLOYEE(S) enter details on reverse of this form.

4.  A party requests a meeting with the Commissioner!

Tribunal. Indicate name(s) if ticked. 1 if yes 0

5.  Have you previously lodged a workplace

agreement with this office? 1 if yes 0

6. Is the employer a public sector agency?
7. Signature(s) of applicant (s) 1 if yes

Date

Name(s) (PLEASE PRINT)

If this form is lodged by a bargaining agent authorized to do so

Name of bargaining agent

Address for service

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3148 GOVERNMENT GAZETTE, WA [9 June 1998

Form 2

[reg. 3 (4)]

Workplace Agreements Act 1993 section 40F

INFORMATION FOR TRIBUNAL'S CONSIDERATION

UNDER SECTION 40G

Page 1

Please complete sections 1 - 5 inclusive

See Employer Guide for more information on what the

Tribunal needs to be satisfied of when approving a workplace agreement under section 4OG of the Act.

1.      List in full the award or awards that cover the employees' work.

2. 

different classifications please list the award classification and What is the employees' award classification? (If employees are on

title for each employee).

3.      How was the effect of the workplace agreement explained to the

employees? (e.g. by written information, informal discussions,

informal meetings).

4.      Has the employer offered a workplace agreement in the same

terms to all employees doing the same kind of work as the

employees covered by this application?

v'ifyes CJ

If no, what are the reasons?

9 June 19981 GOVERNMENT GAZETTE, WA 3149

Page 2 of Form 2

COMPLETE THIS PAGE FOR EACH AWARD

CLASSIFICATION GROUP WHERE TERMS AND

CONDITIONS ARE THE SAME

Please make copies of this page if necessary or phone

[phone] for copies.

5.       Describe how the workplace agreement differs from the award in relation to the following 4 matters:

Award Workplace Agreement

Pay (e.g. base	rates, allowances,
shift/overtime/ penalty rates, casual rates.)
ordinary time Hours (e.g.
hours of work, span Of hours, rest breaks.)
Leave (e.g. annual leave,
personal/carer's leave, sick leave, long service leave.)
Other main differences
classifications, (e.g. new
superannuation.)
6. I declare that the information provided on this form is provided in good faith and to the best of my knowledge is true and correct.
Name of person making declaration:

Full name (PLEASE PRINT)	(Position)
(Signature)	(Date)

If this form is lodged by a bargaining agent authorized to do so

Name of bargaining agent:
Address for service:

3150 GOVERNMENT GAZETTE, WA [9 June 1998

Form 3

[reg. 5 (1) (a)]

Workplace Agreements Act 1993 section 79 (1)

NOTICE OF INTENTION TO TAKE INDUSTRIAL ACTION

Expired workplace agreement No. of 19

Date of expiry

To:

(Name and address of party to be served)

Take notice that

(Name(s) of party or parties intending to take industrial action)

intend(s) to take industrial action for the purpose of obtaining a new workplace

agreement in place of the expired workplace agreement specified above.

Nature of proposed industrial action

Place/places of proposed industrial action

Commencement date and time of proposed industrial action

Duration of proposed industrial action

(Attach schedule if insufficient space for details)

Signature(s) of party or parties

intending to take industrial action

Date

(Attach schedule if insufficient space

for all signatures on this form)

If this form is lodged by a bargaining agent authorized to do so
Name of bargaining agent:

Address for service:

— See over for information as to service of notices —

Page 2 of Form 3

A notice in this form must be served at least 7 days before the commencement of the notice under section 79 (1) of the Act of intention to take industrial action is to be served on a party
proposed industrial action.
Service of notices

(a) by delivering it to the party personally;

(b)	by sending it by registered post to the party's usual or last known place of abode, or if he or she is the principal of a business, at the party's usual or last known place of business;
(c)	where the party is a corporation or an association of persons (whether incorporated or not), by delivering or leaving the notice or sending the notice by registered post, addressed in each case to the corporation or association at its principal place of business or principal office in the State; or
(d)	by sending it by facsimile transmission to the party's facsimile machine number.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.