WA legislation

Western Australian IR legislation noted in this section applies to employers and employees not covered by the Fair Work Act. Other legislation referred to is applicable to employers and employees as noted.

 
Overview
 
The federal IR system applies to most Australian employers and their employees, including many of those in Western Australia. The Fair Work Act 2009 covers employers who are ‘constitutional corporations’ (in layman’s language this means an incorporated commercial trading business) and employers which are ‘referred’ under federal industrial relations coverage by state legislation (see below).
 
All States except for Western Australia have indicated their intention to refer their industrial relations powers relating to private industry to the Commonwealth, with the aim of  creating a national IR system.
 
This means that private industry employers in Western Australia who are not constitutional corporations (for example partnerships and sole traders) remain covered by the State system.
 
Western Australian legislation noted below applies to state and federal employers and employees as indicated.
 
Industrial Relations Act 1979
 
The WA Industrial Relations Act 1979 applies to non-constitutional corporations and provides a framework for the conduct of industrial relations in Western Australia.
 
The Act aims to provide for the observance and enforcement of agreements and awards made for the prevention or settlement of industrial disputes, as well as rights and obligations in relation to good faith bargaining.
Industrial Relations (General) Regulations 1997

These Regulations apply to non-constitutional corporations and outline the requirements for employers to maintain up to date employment records. The Regulation also prescribes a formula for the calculation of claims in unfair dismissal cases.
 
Long Service Leave Act 1958
 
From 4 July 2006 private sector employees are entitled to take long service leave after 10 years of service, with a pro rata entitlement on termination of employment after seven years under the Long Service Leave Act 1958 [WA].
 
The Long Service Leave Act 1958 is generally applicable (covering employees covered by the federal system and employees under the state system) and provides a framework for workers long service entitlements in Western Australia.

See: Long service leave — Western Australia. 

Children and Community Services Act 2004 (WA)

Under this Act, children need to be 15 years of age to be employed in part-time, casual or holiday jobs, although there are some exceptions when younger children can be employed. Children aged between 13 and 15 years may be employed in a shop, retail outlet, restaurant, delivering newspapers or pamphlets, or collecting shopping trolleys between 6.00 am and 10.00 pm and if the work is outside school hours.
 
Children between 10 and 13 years may be employed to deliver newspapers, pamphlets or advertising material provide the work is between the hours of 6.00 am and 7.00 pm and outside school hours.
Equal Opportunity Act 1984

The Act aims to eliminate, so far as is possible, discrimination against persons on the ground of sex, marital status or pregnancy, family responsibility or family status, sexual orientation, race, religious or political conviction, impairment, age or, in certain cases, gender history in the areas of work, accommodation, education, the provision of goods, facilities and services and the activities of clubs.
 
It also specifically aims to eliminate, so far as is possible, sexual harassment and racial harassment in the workplace and in educational institutions and sexual harassment and racial harassment related to accommodation.
 
Further objectives include promoting recognition and acceptance within the community of the equality of men and women, persons of all races, and of all persons regardless of their sexual orientation, religious or political convictions or their impairments or ages.
 
This legislation operates alongsde federal EEO/anti-discrimination legislation, but a remedy in any particular case may be pursued through either the state of federal system and not oncurrently.
Links to Western Australian legislation
 
WA Equal Opportunity Act 1984

 

 

 

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