Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
introductory course means a course of a kind
referred to in subregulation (2)(a) that is accredited as referred to in
that provision;
transitional course means a course of a kind
referred to in subregulation (2)(b) that is accredited as referred to in
that provision.
(2) This regulation
applies if, under section 14(1)(h) of the
Occupational Safety and Health Act 1984 —
(a) a
training course is accredited that is designed for safety and health
representatives to attend, subject to course availability, during the first
year of holding office; or
(b) a
training course is accredited that is designed to update the knowledge of
safety and health representatives who have completed an introductory course.
(3) A safety and
health representative must, subject to the availability of introductory
courses, try to attend an introductory course within the first 12 months
of being elected.
(4) A safety and
health representative who has not previously attended an introductory course
may give to his or her employer notice in writing that the representative
wishes to attend such a course.
(4a) A safety and
health representative who has previously attended an introductory course but
completed it before March 2005 may, if the representative has not
completed a transitional course after February 2005, give to his or her
employer notice in writing in accordance with subregulation (5) that the
representative wishes to attend a transitional course.
(5) The notice
referred to in subregulation (4) or (4a) must be given, not less than
21 days, or such shorter period as has been agreed between the safety and
health representative and the employer, before the course commences.
(6) If a safety and
health representative has given notice under subregulation (4) or (4a) in
respect of a course, the employer must, subject to subregulation (8),
permit the representative to take off work, with pay, such time, not exceeding
5 days, as is required for the purpose of attending that course.
Penalty: See regulation 17.1.
(7) An employer who
has been given notice under subregulation (4) or (4a) in respect of
a course may consult with the safety and health representative or the relevant
trade union concerning the attendance of the representative at the course and,
in those consultations, due regard must be given to the need to minimize any
adverse effect on the operation of the business of the employer and the mine.
(8) If the employer
has consulted under subregulation (7) with the safety and health
representative or trade union concerned, the employer may decline to permit
attendance at the course as wished but instead permit attendance at the next
available course of the same kind that the representative wishes to attend.
(9) The pay to which a
safety and health representative is entitled in respect of time the
representative is permitted to take off work to attend an introductory course
or a transitional course must be calculated at the representative’s
ordinary rate of pay on the time that would ordinarily have been worked had
the representative worked his or her scheduled work time —
(a)
including —
(i)
regular over award payments for ordinary hours of work;
(ii)
shift work premiums according to roster or projected
roster including Saturday or public holiday shift;
(iii)
industry allowances;
(iv)
climatic, regional, and other like allowances;
(v)
first aid allowances;
(vi)
tool allowances;
(vii)
qualification allowances;
(viii)
service grants made on a regular basis;
(ix)
experience allowance; and
(x)
any penalty rates that are paid in relation to actual
hours worked or payment of which are guaranteed by a contract of service
whether the hours were required to be worked or not;
(b) but
not including —
(i)
overtime payments (except if they form part of the
contract of service);
(ii)
camping allowances;
(iii)
travelling allowances;
(iv)
disability rates such as for confined spaces and dirty
work;
(v)
car allowances; or
(vi)
meal allowances.
(10) Nothing in
subregulation (9) excludes an entitlement to additional payments that may
be prescribed in an award, order, or industrial agreement
that —
(a) is
made by, or registered by, The Western Australian Industrial Relations
Commission or the Australian Conciliation and Arbitration Commission; or
(b)
agreed between the employer and the safety and health representative as being
applicable.
(11) An employer must
not, as a result of this regulation, alter the conditions or remuneration of a
person who is a safety and health representative to the detriment of that
person.
Penalty: See regulation 17.1.
(12) Attendance at an
introductory course or a transitional course must be regarded as service for
the purposes of ascertaining any entitlement under an award.
[Regulation 2.6 amended in Gazette
19 Jan 1996 p. 237; 4 Apr 2005 p. 1104‑5.]