Western Australian Consolidated Acts

MINES SAFETY AND INSPECTION ACT 1994 - SECT 74A

74A .         Offences as to refusal to work

        (1)         In this section disentitled employee means an employee who refuses to work for any period —

            (a)         on the grounds that to do so would involve a risk of injury or harm to the health of any person; or

            (b)         on the grounds that another employee refuses to work because to do so would involve a risk of injury or harm to the health of any person,

                but does not include a person who has refused to work as mentioned in section 72(1) and who is entitled to pay and other benefits under section 74(1).

        (2)         An employee who accepts from his or her employer, in respect of any period during which that employee is a disentitled employee, any pay or other benefits to which the employee would have been entitled if the employee had continued to work commits an offence.

        (3)         An employer who pays or provides to an employee, in respect of any period during which the employee is a disentitled employee, any pay or other benefits to which the employee would have been entitled if the employee had continued to work commits an offence.

        (4)         In subsections (2) and (3) a reference to pay and other benefits does not include a reference to any payment or benefit prescribed for the purposes of this section.

        (5)         This section has effect despite any provision of any other written law, including the Industrial Relations Act 1979, and any order, award or agreement made or registered under that Act.

        [Section 74A inserted by No. 30 of 1995 s. 71.]

        [Heading amended by No. 30 of 1995 s. 76(1).]