A WA parliamentary question seeks information on delays and protections related to Employee Enterprise Agreements (EEAs) and the Industrial Relations Commission's processes. The response clarifies procedures and employer protections during registration.

AnsweredQoN 1188Legislative Assembly
Asked
11 March 2003
Portfolio
Consumer and Employment Protection

QuestionView source ↗

(b) what is the time delay caused by the requirement for employees to respond in writing to the Industrial Relations Commission, regarding their EEA; (c) how many EEAs have been rejected because of the employee failing to respond in writing to the Industrial Relations Commission; (d) has the Industrial Relations Commission considered or investigated any other means for employees to reply other then by post; (e) if not, why not; and (f) what protection does the Employer have, during these delays?
(c) how many EEAs have been rejected because of the employee failing to respond in writing to the Industrial Relations Commission; (d) has the Industrial Relations Commission considered or investigated any other means for employees to reply other then by post; (e) if not, why not; and (f) what protection does the Employer have, during these delays?
(d) has the Industrial Relations Commission considered or investigated any other means for employees to reply other then by post; (e) if not, why not; and (f) what protection does the Employer have, during these delays?
(e) if not, why not; and (f) what protection does the Employer have, during these delays?
(f) what protection does the Employer have, during these delays?
(b) Employees do not respond to the Western Australian Industrial Relations Commission but to the Registrar of the Commission. There has only been one instance and the four employees were given 14 days to respond. (c) Four. (d) Yes. (e) Not applicable. (f) EEAs for existing employees do not take effect until the day after registration. So the employer’s usual working arrangements continue during the registration period. EEAs for new employees may take effect on signing by both parties. If the EEA is subsequently refused registration, the employer may recover any amount he or she would not have been required to pay if the EEA had not taken effect. Furthermore, during the registration period the employer may be represented by a bargaining agent, make written submissions to the Registrar, be given opportunity by the Registrar to correct certain deficiencies in the EEA and has appeal rights if the EEA is refused registration.
(c) Four. (d) Yes. (e) Not applicable. (f) EEAs for existing employees do not take effect until the day after registration. So the employer’s usual working arrangements continue during the registration period. EEAs for new employees may take effect on signing by both parties. If the EEA is subsequently refused registration, the employer may recover any amount he or she would not have been required to pay if the EEA had not taken effect. Furthermore, during the registration period the employer may be represented by a bargaining agent, make written submissions to the Registrar, be given opportunity by the Registrar to correct certain deficiencies in the EEA and has appeal rights if the EEA is refused registration.
(d) Yes. (e) Not applicable. (f) EEAs for existing employees do not take effect until the day after registration. So the employer’s usual working arrangements continue during the registration period. EEAs for new employees may take effect on signing by both parties. If the EEA is subsequently refused registration, the employer may recover any amount he or she would not have been required to pay if the EEA had not taken effect. Furthermore, during the registration period the employer may be represented by a bargaining agent, make written submissions to the Registrar, be given opportunity by the Registrar to correct certain deficiencies in the EEA and has appeal rights if the EEA is refused registration.
(e) Not applicable. (f) EEAs for existing employees do not take effect until the day after registration. So the employer’s usual working arrangements continue during the registration period. EEAs for new employees may take effect on signing by both parties. If the EEA is subsequently refused registration, the employer may recover any amount he or she would not have been required to pay if the EEA had not taken effect. Furthermore, during the registration period the employer may be represented by a bargaining agent, make written submissions to the Registrar, be given opportunity by the Registrar to correct certain deficiencies in the EEA and has appeal rights if the EEA is refused registration.
(f) EEAs for existing employees do not take effect until the day after registration. So the employer’s usual working arrangements continue during the registration period. EEAs for new employees may take effect on signing by both parties. If the EEA is subsequently refused registration, the employer may recover any amount he or she would not have been required to pay if the EEA had not taken effect. Furthermore, during the registration period the employer may be represented by a bargaining agent, make written submissions to the Registrar, be given opportunity by the Registrar to correct certain deficiencies in the EEA and has appeal rights if the EEA is refused registration.

AnswerView source ↗

Answered
1 April 2003
Responded by
Minister for Consumer and Employment Protection
Response time
21 days
(a) The time frame varies depending on factors such as whether the EEA is fit for registration or requires correction, and how long the parties take to correct the EEA if required.
(b) Employees do not respond to the Western Australian Industrial Relations Commission but to the Registrar of the Commission. There has only been one instance and the four employees were given 14 days to respond.
(c) Four.
(d) Yes.
(e) Not applicable.
(f) EEAs for existing employees do not take effect until the day after registration. So the employer’s usual working arrangements continue during the registration period. EEAs for new employees may take effect on signing by both parties. If the EEA is subsequently refused registration, the employer may recover any amount he or she would not have been required to pay if the EEA had not taken effect. Furthermore, during the registration period the employer may be represented by a bargaining agent, make written submissions to the Registrar, be given opportunity by the Registrar to correct certain deficiencies in the EEA and has appeal rights if the EEA is refused registration.

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