Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (1a), the employment of a person who is a CEO or a senior
employee is to be governed by a written contract in accordance with this
section.
(1a) Despite
subsection (1) —
(a) an
employee may act in the position of a CEO or a senior employee for a term not
exceeding one year without a written contract for the position in which he or
she is acting; and
(b) a
person may be employed by a local government as a senior employee for a term
not exceeding 3 months, during any 2 year period, without a written
contract.
(2) A contract under
this section —
(a) in
the case of an acting or temporary position, cannot be for a term exceeding
one year;
(b) in
every other case, cannot be for a term exceeding 5 years.
(3) A contract under
this section is of no effect unless —
(a) the
expiry date is specified in the contract;
(b)
there are specified in the contract performance criteria for the purpose of
reviewing the person’s performance; and
(c) any
other matter that has been prescribed as a matter to be included in the
contract has been included.
(4) A contract under
this section is to be renewable and subject to subsection (5), may be
varied.
(5) A provision in, or
condition of, an agreement or arrangement has no effect if it purports to
affect the application of any provision of this section.
(6) Nothing in
subsection (2) or (3)(a) prevents a contract for a period that is within
the limits set out in subsection 2(a) or (b) from being terminated within
that period on the happening of an event specified in the contract.
(7) A report made by
the Salaries and Allowances Tribunal, under section 7A of the Salaries
and Allowances Act 1975 , containing recommendations as to the
remuneration to be paid or provided to a CEO is to be taken into account by
the local government before entering into, or renewing, a contract of
employment with a CEO.
[Section 5.39 amended by No. 49 of 2004
s. 46(1)-(3).]