State law v WorkChoices — interaction

Q&A

State law v WorkChoices — interaction

What happens to State entitlements that an employee had before WorkChoices, where WorkChoices no longer provides those particular entitlements? A question received by WorkplaceInfo highlights this issue.

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Source: Paul Munro, IR consultant

What happens to State entitlements that an employee had before WorkChoices, where WorkChoices no longer provides those particular entitlements?

A question received by WorkplaceInfo highlights this issue.

Q. We are a West Australian employer with most of our employees employed under a WA NAPSA. We have a number of casual employees who used to receive an entitlement to bereavement leave through the WA Minimum Conditions of Employment Act. However, the compassionate leave Standard under WorkChoices does not seem to apply to casual employees. Do they lose their entitlement to compassionate leave?

A. The answer is no.

An employee cannot lose an entitlement that was previously bestowed on an employee because of a provision prescribed by WorkChoices.

Although the Standard does not provide an entitlement to compassionate leave for casual employees (only full-time and part-time), the provision of the WA statute is now considered a term of the casual employee's NAPSA and is enforceable because it is a condition (in the case of a casual employee under a WA NAPSA) more favourable than the Standard.

Related

Other legislation still relevant in the WorkChoices environment

 

 

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