See Upcoming changes to state employment laws for details on the changes.
Two systems of employment law operate for the private sector in Western Australia, the state industrial relations system and the national fair work system.
Which system of employment law applies explains which types of employers and their employees are covered by each system.
All employees in the state system are covered by one or more of the following employment arrangements:
- WA awards applying to certain industries and occupations;
- registered industrial agreements (enterprise agreements) applying to specific organisations; and
- ‘common-law’ contracts of employment between an employer and an employee.
The Minimum Conditions of Employment Act 1993 provides a minimum standard of pay and conditions that underpins all of these employment arrangements. Most private sector state system employers and employees are also covered by the WA Long Service Leave Act 1958.
The Industrial Relations Act 1979 establishes the framework for the state industrial relations system, including award and agreement making, the annual State Wage Case and unfair dismissal provisions.
WA awards
Many employers and employees in the state industrial relations system are covered by WA awards. WA awards are legal documents issued by the Western Australian Industrial Relations Commission that set the legal minimum pay rates and other working arrangements for employees in a particular industry or occupation.
Visit Understanding WA awards for information on WA awards.
Industrial agreements
Industrial agreements (often referred to as enterprise agreements or enterprise bargaining agreements) are collective arrangements establishing conditions of employment for specific organisations.
Industrial agreements are negotiated between unions and employers and registered by the Western Australian Industrial Relations Commission. Once registered, the agreement’s provisions apply to all employees in the workplace who perform work covered by the industrial agreement.
Employees seeking information on pay rates and employment conditions under industrial agreements should contact the Human Resources area of their employing organisation, or if relevant, their union.
Copies of all industrial agreements are on the Western Australian Industrial Relations Commission website.
Industrial agreements / new state instruments arising from transfer of local governments to the state system
If a local government was covered by a federal industrial instrument (old federal instrument) immediately before 1 January 2023, then that instrument became a state industrial agreement (new State instrument) when the local government transferred to the state system on 1 January 2023. An old federal instrument means:
- a federal modern award;
- a federal enterprise agreement;
- a workplace determination; or
- an order of the Fair Work Commission.
A new State instrument has the same terms and conditions as the old federal instrument, although any terms and conditions that are less favourable than the Minimum Conditions of Employment Act 1993 (WA) are of no effect.
The new State instrument has a nominal expiry date that is the earlier of the following:
- 1 January 2025; or
- the nominal expiry date specified in the old federal instrument.
Although a new State instrument has a maximum nominal term of two years, it continues to operate after its nominal expiry until a new agreement is made in substitution for it, or a union or employer party retires from it.
After 1 January 2025, a state award can apply in conjunction with the new State instrument (although the new State instrument will prevail to the extent of any inconsistency).
Some state employment laws apply to national system employers and employees
The state laws on employment of children apply to employers in both the state and national industrial relations systems. Visit When children can work for information on these laws.
The state Long Service Leave Act applies to many private sector employers and employees in the national system. Visit Long service leave in WA for more information.
Some national system provisions apply to state system employers and employees
Some provisions of the national Fair Work Act 2009, which regulates the national system, also apply to employers and employees in the state system. In particular, the Fair Work Act provisions on notice of termination, parental leave, paid family and domestic leave and sexual harassment apply to state system employers and employees.
