Minimum Conditions of Employment Act 1993

Minimum Conditions of Employment Regulations 1993

 

Minimum Conditions of Employment Regulations 1993

Contents

1.Citation1

2.Commencement1

3.Persons who are not employees for purposes of Act1

4.Keeping of employment records1

Schedule 1

1.Persons paid wholly by commission2

2.Piece workers2

3.Persons with disabilities in supported employment2

4.Volunteers etc.2

5.National Trust (WA)2

Notes

Compilation table3

 

Minimum Conditions of Employment Act 1993

Minimum Conditions of Employment Regulations 1993

1.Citation

These regulations may be cited as the Minimum Conditions of Employment Regulations 1993 1.

2.Commencement

These regulations come into operation on the day on which the Workplace Agreements Act 1993 comes into operation 1.

3.Persons who are not employees for purposes of Act

The classes of persons set out in Schedule 1 are prescribed as persons who are not to be treated as employees for the purposes of the Act.

4.Keeping of employment records

For the purposes of section 44(3)(a) of the Act, records must be — 

(a)in a form that is legible and prepared using indelible material; or

(b)stored in an electronic form that is capable of being reproduced in a legible printed format,

and made, in relation to each payment to the employee, within 14 days of the payment.

 

Schedule 1

[reg. 3]

Persons who are not employees for the purposes of the Act

1.Persons paid wholly by commission

Persons whose services are remunerated wholly by commission or percentage reward.

2.Piece workers

Persons whose services are remunerated wholly at piece rates.

3.Persons with disabilities in supported employment

Persons — 

(a)who receive a disability support pension under the Social Security Act 1991 of the Commonwealth; and

(b)whose employment is supported by “supported employment services” within the meaning of the Disability Services Act 1986 of the Commonwealth.

4.Volunteers etc.

Persons who are not entitled to be paid for work done by them but who receive some benefit or entitlement in relation to the work.

5.National Trust (WA)

Persons appointed under section 22(1) of the National Trust of Australia (W.A.) Act 1964 to carry out the duties of wardens in relation to property that is managed, maintained, preserved, or protected, whether solely or jointly, by the National Trust of Australia (W.A.).

 

Notes

1This is a reprint as at 19 December 2003 of the Minimum Conditions of Employment Regulations 1993. The following table contains information about these regulations and any reprint.

Compilation table

Citation

Gazettal

Commencement

Minimum Conditions of Employment Regulations 1993

30 Nov 1993 p. 6449‑50

1 Dec 1993 (see r. 2 and Gazette 30 Nov 1993 p. 6439)

Reprint 1: The Minimum Conditions of Employment Regulations 1993 as at 19 Dec 2003