Frequently Asked Questions
Does Long Service Leave apply to casuals who work in Local Government in Western Australia?
Yes. Casuals employees are entitled to long service leave entitlements in accordance with the Local Government (Long Service Leave) Regulations.
Does compassionate leave come from personal leave?
Compassionate leave is a separate entitlement from personal leave under the National Employment Standards (“NES”). Under the NES a full-time or part-time employee can take up to two days paid compassionate leave when a member of the employee’s immediate family dies or suffers a life threatening illness or injury.
Is leave loading paid on termination?
The Fair Work Act 2009 requires that an employee is paid for any unused accrued annual leave upon termination. The Act also provides that accrued annual leave paid out on termination is paid for at the rate the employee would have received had they taken the annual leave. An employee who is entitled to annual leave loading under the LGIA or an applicable enterprise agreement must be paid out annual leave loading upon termination.
Do all employees get paid for jury service in Western Australia?
Yes. Employers are required by law to continue to pay any employees their usual wages when they are doing jury duty. Employers may seek to be reimbursed all wages paid to employees engaged in jury duty. Normally, claims will be processed within two to three days.
Can you cash out annual/personal or long service leave?
An employee who is employed under the Federal or State Local Government Award is unable to cash out accrued annual leave. An employee who is not covered by an Award or is covered by an enterprise agreement with cashing out provisions may cash-out annual leave if the legislative criteria are met.
Can you change annual leave to personal leave?
The Fair Work Act 2009 (section 89) does allow for annual leave to be reversed to personal leave if the employee complies with the notice and evidence requirements.
Can you request medical evidence for any personal leave?
An employer may request ‘evidence that will satisfy a reasonable person’ for each period of personal leave (section 107 of the Fair Work Act 2009).
Where can I find the Fair Work Information Statement?
For a copy of the Fair Work Information Statement please click here.
When can a union representative enter the worksite to hold discussions with employees?
The Fair Work Act 2009 provides that an organisation official who is a permit holder may enter premises to hold discussions with one or more employees:
- who perform work on the premises
- whose industrial interests the permit holder’s organisation is entitled to represent
- who wish to participate in those discussions.
A permit holder must provide an entry notice to the occupier providing at least 24 hours notice, but no more than 14 days notice, before entering premises to hold discussions. A permit holder may only enter premises during working hours and may hold discussions only during mealtimes or other breaks.
Where can I find the current wage rates for the Local Government Industry Award 2010?
For the most up to date version of the award please click here.
Who can I contact about tax questions?
Click here to read the WALGA Taxation Support and Advisory Service Brochure. If you are a member of the WALGA Tax Service you can contact them on the details below.
Phone: 9444 3400
I have a question about my own employment circumstances, can WALGA help me?
WALGA’s Employee Relations Service is set up to give advice to Members from an organisational perspective. We do not give individuals advice regarding their own circumstances.
I am asking a general enquiry on behalf of a Local Government, who can I contact?
You can contact any member of the Employee Relations Team or call (08) 9213 2092 or email firstname.lastname@example.org.