Employment law in Western Australia

• Industrial Relations Act 1979 (WA) (WA)

  The Western Australian industrial relations statute. It establishes the Western Australian Industrial Relations Commission and the Western Australian Industrial Appeal Court, provides the unfair dismissal jurisdiction with a 28-day application period, provides the denied contractual benefits jurisdiction, lets state system workers apply for orders to stop bullying or sexual harassment and, for sexual harassment on or after 31 January 2025, make a sexual harassment referral that can lead to compensation, makes state awards and industrial agreements, and provides for enforcement in the Industrial Magistrates Court.

• Minimum Conditions of Employment Act 1993 (WA) (WA)

  Sets minimum conditions for employees in the WA state system, including minimum rates of pay, paid and unpaid leave entitlements, public holidays and requirements about changes to the employment relationship. These minimum conditions underpin every state system contract of employment, award and industrial agreement.

• Long Service Leave Act 1958 (WA) (WA)

  Provides long service leave for many Western Australian private sector employees, in both the state and national systems: 8 and two-thirds weeks of paid leave after 10 years of continuous employment, a further 4 and one-third weeks for each later 5 years, and a pro rata payment when employment ends after at least 7 years unless the employee is dismissed for serious misconduct.

• Equal Opportunity Act 1984 (WA) (WA)

  Makes discrimination, sexual harassment and victimisation unlawful in Western Australian workplaces on grounds including sex, race, age, impairment, marital status, pregnancy, family responsibility and religious or political conviction. Complaints are made to the Equal Opportunity Commission and may be referred to the State Administrative Tribunal.

• Public Sector Management Act 1994 (WA) (WA)

  Governs employment in the Western Australian public sector, including public sector standards, merit-based selection, discipline and substandard performance processes, redeployment and redundancy, and the role of the Public Sector Commissioner.

• Fair Work Act 2009 (Cth) (CTH)

  Covers Western Australian employees whose employer is a constitutional corporation. It contains the National Employment Standards, modern awards, unfair dismissal, the general protections, stop bullying and stop sexual harassment orders, and the underpayment and civil penalty regime.

• Sex Discrimination Act 1984 (Cth) (CTH)

  The federal sexual harassment and sex discrimination law, giving WA workers an alternative to the state equal opportunity system through the Australian Human Rights Commission and the federal courts.

• Work Health and Safety Act 2020 (WA) (WA)

  The Western Australian work health and safety statute, which imposes duties on employers to manage risks to psychological as well as physical health, including risks from bullying, harassment and poor job design, and protects workers from discriminatory conduct for raising safety concerns.

• Western Australian Industrial Relations Commission

  Hears unfair dismissal applications from WA state system employees in the private sector and local government (within 28 days of dismissal), denied contractual benefit claims against both state and national system employers, stop bullying orders and sexual harassment applications for state system workers, industrial disputes, applications about state awards and agreements, and public sector matters referred by state public sector employees, including dismissals (also within 28 days).

• Industrial Magistrates Court of Western Australia

  Enforces state awards, industrial agreements, the Minimum Conditions of Employment Act 1993 (WA), the Long Service Leave Act 1958 (WA) and orders of the WAIRC, and hears protection of employee rights claims. It can also hear Fair Work Act small claims under section 548 of that Act.

• Western Australian Industrial Appeal Court

  Hears appeals from decisions of the Full Bench of the WAIRC and the Commission in Court Session, but only on the grounds of excess of jurisdiction, error of law or denial of the right to be heard. An appeal must be lodged within 21 days of the decision. Appeals from a single commissioner go first to the Full Bench.

• Fair Work Commission

  Hears unfair dismissal, general protections, bullying and sexual harassment applications for WA employees of constitutional corporations, within 21 days for dismissal claims.

• Equal Opportunity Commission (Western Australia)

  Receives, investigates and conciliates complaints of discrimination, harassment and victimisation under the Equal Opportunity Act 1984 (WA). There is no filing fee to lodge a complaint. Phone (08) 9216 3900, or 1800 198 149 for country callers.

• Private Sector Labour Relations (Wageline), Department of Local Government, Industry Regulation and Safety

  The WA Government agency that provides information about the state industrial relations system, minimum conditions, long service leave and which system of employment law applies. Its Wageline service is on 1300 655 266.

• Supreme Court of Western Australia

  Hears civil claims above the District Court's $750,000 limit, such as large employment contract disputes. Contract claims up to $75,000 go to the Magistrates Court and claims up to $750,000 to the District Court of Western Australia.

1. 01Work out whether you are state or national system

   Check the legal form of your employer. Pty Ltd and other trading or financial corporations, and partnerships or trusts with a corporate partner or trustee, are national system employers. Sole traders, partnerships and trusts with no corporate partner or trustee, non-trading associations, WA local governments and the WA state public sector are in the state system. Wageline (1300 655 266) can help you check.

   Typical timeframe: 1-2 days

2. 02Diarise the correct deadline

   The state system deadline is 28 days from the dismissal to the WAIRC. The national system deadline is 21 days to the Fair Work Commission. Use the shorter figure if you are not certain which applies.

   Typical timeframe: Immediately

3. 03Gather documents

   Collect your contract, payslips, termination letter, warnings, position description and relevant emails, and note your exact start and finish dates for a long service leave calculation.

   Typical timeframe: 2-5 days

4. 04Get help

   Contact Circle Green Community Legal, your union, Legal Aid WA, the Working Women's Centre WA or a lawyer before you lodge, particularly about which system applies.

   Typical timeframe: First week

5. 05Lodge the application

   In the state system, file a Form 2 unfair dismissal application with the WAIRC and pay the $50 filing fee, or ask the Registry to waive it if paying would cause significant financial hardship. If you are also owed a contractual benefit, you can lodge a separate Form 3 contractual benefit claim. If you worked in the WA state public sector, a dismissal is generally referred to the WAIRC as a public sector matter on a Form 5 instead, also within 28 days. In the national system, file Form F2 with the Fair Work Commission and pay the $92.70 fee for 2026-27, or ask for a waiver.

   Typical timeframe: Within 28 days (state) or 21 days (national)

6. 06Conciliation

   Both Commissions usually hold a conciliation conference before any hearing. In the WAIRC the employer has 21 days to file a response, and the matter is then allocated to a Commissioner and listed for a private, without prejudice conciliation conference where the parties can try to agree on an outcome.

   Typical timeframe: After the employer's 21-day response period; timing varies

7. 07Hearing and remedy

   If unresolved, the matter is heard. The WAIRC can order reinstatement or re-employment, or compensation for loss or injury capped at six months of remuneration. A party can appeal a single commissioner's decision to the Full Bench of the WAIRC within 21 days, and a Full Bench decision can be appealed to the Western Australian Industrial Appeal Court within 21 days on limited legal grounds.

   Typical timeframe: Varies; the WAIRC says the length of the process is not fixed

The Western Australian Industrial Relations Commission is a low-cost jurisdiction. The filing fee for an unfair dismissal application, a contractual benefit claim, a stop bullying or sexual harassment application or most public sector matter referrals is $50, and you can ask the Registry to waive it if paying would cause you significant financial hardship. Each party usually pays its own costs, and the Commission cannot order a party to pay the other side's lawyer or agent fees. The Industrial Magistrates Court charges a $40 lodgement fee for a claim, and you do not need a lawyer to make or respond to a minimum entitlement or protection of employee rights claim there. In the national system the Fair Work Commission application fee is $92.70 for 2026-27 (it changes on 1 July each year), with a waiver available for serious financial hardship, and Fair Work Act underpayment claims can use the small claims procedure, where the court can award up to $100,000. There is no filing fee to lodge a complaint with the Equal Opportunity Commission of Western Australia. Ordinary court litigation is the exception: contract claims, including disputes about a restraint of trade clause, in the Magistrates, District or Supreme Court of Western Australia carry a genuine costs risk because the court can order the losing party to pay the other side's costs.