Purpose:

This legislation consolidates and amends the law related to the prevention and resolution of industrial conflicts, and defines the rights and duties of employers, employees, and industrial organisations in Western Australia.

Objectives:

• To promote goodwill in industry and in enterprises within industry.
• To provide for rights and obligations in relation to good faith bargaining.
• To promote the principles of freedom of association and the right to organise.
• To promote gender equality in the workplace through equal remuneration and eliminating gender-based undervaluation of work.
• To promote collective bargaining and to establish the primacy of collective agreements over individual agreements.
• To ensure all agreements registered under this Act provide for fair terms and conditions of employment.
• To facilitate the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises.
• To encourage employers, employees and organisations to reach agreements appropriate to the needs of enterprises within industry and the employees in those enterprises.
• To encourage, and provide means for, conciliation with a view to amicable agreement and preventing and settling industrial disputes.
• To provide means for preventing and settling industrial disputes not resolved by amicable agreement, including threatened, impending and probable industrial disputes, with the maximum of expedition and the minimum of legal form and technicality.
• To provide a system of fair wages and conditions of employment.
• To prevent and eliminate bullying and sexual harassment in the workplace.
• To provide for the observance and enforcement of agreements, awards, the LSL Act, the MCE Act and other entitlement provisions.
• To encourage the formation of representative organisations of employers and employees and their registration under this Act and to discourage, so far as practicable, overlapping of eligibility for membership of such organisations.
• To encourage the democratic control of organisations so registered and the full participation by members of such an organisation in the affairs of the organisation.
• To encourage persons, organisations and authorities involved in, or performing functions with respect to, the conduct of industrial relations under the laws of the State to communicate, consult and co-operate with persons, organisations and authorities involved in, or performing functions with respect to, the conduct or regulation of industrial relations under the laws of the Commonwealth.

Key Provisions:

• Establishment and jurisdiction of the Western Australian Industrial Relations Commission to inquire into and deal with industrial matters, act according to equity and good conscience, and conciliate and arbitrate disputes.
• Regulation of awards and industrial agreements, including their effect, area of operation, duration, variation, and cancellation, with specific provisions for public sector, enterprise, and private sector awards.
• Requirements for the making, registration, effect, and enforcement of employer-employee agreements (EEAs), including a no-disadvantage test.
• Provisions for the enforcement of the Act, awards, industrial agreements, and orders through industrial magistrate’s courts, including pecuniary penalties, civil infringement notices, enforceable undertakings, and compliance notices.
• Protection of freedom of association, prohibiting discrimination based on membership or non-membership of industrial organisations.
• Delineation of duties and responsibilities for registered organisations and their officers, including rules for registration, elections, record-keeping, and financial accountability.
• Mechanisms for preventing and eliminating bullying and sexual harassment in connection with work, including stop bullying and stop sexual harassment orders.
• Detailed requirements for employers regarding the keeping of employment records and the provision of pay slips to employees.
• Specification of the right of entry and inspection powers for authorised representatives of employee organisations to discuss with employees and investigate suspected breaches.
• Protection of employee rights against damaging action and sham contracts for services.

Evidence of Compliance Requirements For Agricultural Organisations:

• Employment Records (s. 49D, 49E, 83EB):
  • Employers must keep employment records for each employee (s. 49D(1)).
  • Required Documentation:
    • Employee’s name and date of birth (if under 21) (s. 49D(2)(a)).
    • Employer’s name and Australian Business Number (if any) (s. 49D(2)(aa)).
    • Any industrial instrument that applies (s. 49D(2)(b)).
    • Date employment commenced (s. 49D(2)©).
    • For each day: time employee started and finished work, paid periods, and work breaks (s. 49D(2)(d)).
    • For each pay period: employee’s designation, gross and net amounts paid, tax withheld, all deductions and reasons for them (s. 49D(2)(e)).
    • Details of any incentive-based payment, bonus, loading, penalty rates, or other monetary allowance or separately identifiable entitlement (s. 49D(2)(ea)).
    • All leave taken by the employee (paid, partly paid, or unpaid) (s. 49D(2)(f)).
    • Any agreement under the MCE Act section 8(1), including details of the benefit for, and amount of, annual leave foregone, and when the benefit was paid (s. 49D(2)(fa)).
    • Information necessary for the calculation of, and payment for, long service leave under the LSL Act, the Construction Industry Portable Paid Long Service Leave Act 1985, or an industrial instrument (s. 49D(2)(g)).
    • Any other information required under an industrial instrument to be recorded (s. 49D(2)(h)).
    • Any information necessary to show remuneration and benefits comply with an industrial instrument or other entitlement provision (s. 49D(2)(i)).
    • Superannuation details: amount, period, and date of contributions, name of fund, how amount worked out, and any employee election as to the fund and its date (s. 49D(2)(j)).
    • Termination-related matters: whether employment terminated by consent, notice, summarily, or otherwise, and name of terminator (s. 49D(2)(k)).
  • Record-keeping Requirements:
    • Records must be kept in accordance with regulations made by the Governor (s. 49D(3)(a)).
    • Each entry for annual and long service leave must be retained during employment and for not less than 7 years after employment terminates (s. 49D(3)(b)).
    • All other employment records must be retained for not less than 7 years after they are made (s. 49D(3)©).
    • A copy of any agreement under the MCE Act section 8(1), (2A) or 32(2) must be kept as an employment record (s. 49D(4)).
    • If SWS or a SWIIP applies, any agreement entered into under SWS/SWIIP and other wage determination documents must be kept (s. 49D(5)). A copy of any SWS agreement required to be kept must be lodged with the Registrar as soon as practicable (s. 49D(6)).
    • For cash payments, a record of payment must be provided to the employee and a copy kept (s. 49D(7)).
    • Employers must not make or keep employment records known, or reasonably expected to be known, as false or misleading (s. 49D(8)).
  • Inspection/Audit Requirements:
    • On written request by a relevant person (employee, employee’s representative, authorised person, Registrar’s Department officer), employers must produce and allow inspection of employment records (s. 49E(1)).
    • The duty to provide access continues as long as records are required to be kept (s. 49E(2)(a)).
    • Access includes allowing entry to premises to inspect records and take copies/extracts (s. 49E(2)©).
  • Time Frames: Compliance with access requests within the end of the next pay period after the request, or 7 days after the request was made, whichever is earlier (s. 49E(2)(d)).
• Pay Slips (s. 49DA, 83EB):
  • Employers must give a pay slip (hard copy or electronic) to each employee within 1 working day after paying an amount for work (s. 49DA(1)).
  • Required Content: Pay slips must include: employer’s name and ABN (if any), employee’s name, pay slip period, payment date, gross/net amounts, tax withheld, incentive payments/bonuses/loadings/penalty rates/other allowances/identifiable entitlements (s. 49DA(2)(a)-(f)). For deductions: name of person/entity, fund name/number (if applicable), purpose (s. 49DA(2)(g)). For hourly pay: rate, hours worked, amount at that rate (s. 49DA(2)(h)). For weekly/annual pay: rate at latest payment date (s. 49DA(2)(i)). Superannuation contributions: amount, period, date, fund name, calculation method, employee election date (s. 49DA(2)(j)).
  • Prohibited Content: Pay slips must not include information indicating leave taken for family violence reasons (s. 49DA(2A)).
  • Employers must not give false or misleading pay slips (s. 49DA(3)).
• Right of Entry and Inspection for Authorised Representatives (s. 49H, 49I, 49L, 49M):
  • Entry for Discussions: If an award/agreement requires or does not require notice, follow that. Otherwise, employer must receive at least 24 hours’ written notice from an authorised representative before entry for discussions with employees (s. 49H(2), (3)).
  • Entry for Investigations: Employer must allow authorised representatives to enter premises during working hours to investigate suspected breaches of industrial laws (s. 49I(1)).
  • Required Action during Investigation: Employer may be required to produce employment records or other related documents for inspection at premises or mutually convenient time/place (s. 49I(2)(a)). Employer must allow copying of records/documents and inspection/viewing/recording of work, material, machinery relevant to the suspected breach (s. 49I(2)(b), ©).
  • Limitations on Access: Employer is not required to produce employment records of an employee who is party to an employer-employee agreement if that employee has made a written request to the employer that the record not be available (s. 49I(3)).
  • Notice for Records (Investigations): For records on employer’s premises, at least 24 hours’ written notice is required. For records elsewhere, at least 48 hours’ written notice is required (s. 49I(6)). If notice waived by Commission, the authorised representative must present a certificate to the person in charge (s. 49I(8)).
  • Prohibited Premises: Authorised representatives do not have authority to enter premises principally used for habitation unless by Commission order in exceptional circumstances (s. 49K(1), (3)).
  • Verification of Authority: If requested by the occupier, the authorised representative must show their right of entry permit (s. 49L(1)).
  • Prohibited Obstruction: Occupiers must not refuse or intentionally and unduly delay entry by a person entitled to enter (s. 49M(1)). No person must intentionally and unduly hinder or obstruct an authorised representative (s. 49M(2)).
• Registered Organisations (s. 63, 65, 74, 75, 78, 110, 112):
  • Record Keeping: An organisation must keep a register of members (name, residential address, financial status), a list of officers (name, residential address, occupation), and accounting records in accordance with generally accepted accounting principles (s. 63(1)).
  • Reporting/Filing: Annually, submit a certified copy of officer list and member count to the Registrar (s. 63(2)). Notify Registrar of changes in office holders as prescribed (s. 63(3)).
  • Access: Documents filed with the Registrar must be available for inspection. The member register must be available for inspection by Registrar-authorised persons at the organisation’s office (s. 63(6), (7)).
  • Audit: The secretary must ensure accounting records are audited by a registered auditor within 6 months after the end of each financial year (s. 65(a)). Within one month of audit completion, the audited balance sheet, receipts/expenditure statement, and cash flow statement must be delivered to the Registrar (s. 65(b)).
  • Finance Official Duties: Finance officials must act honestly, with reasonable care and diligence, ensure accounting records are kept, not use information/position for pecuniary advantage or detriment, provide pecuniary interest returns, and disclose material personal interests (s. 74(2), (3), (5), (6), (9), (11), (12)). Orders related to these duties must be complied with (s. 78).
  • Rules Compliance: Disputes with members are to be decided by organisation rules (s. 110(1)). Compliance with Industrial Magistrate’s Court orders for payment of fines, penalties, or contributions (s. 110(2)). Invalid rules that impose penalties on employees for complying with service contracts must not be enforced (s. 112(1), (2)).
• Employer-Employee Agreements (EEAs) (Part VID):
  • Pre-signing Information: Employers must provide the employee (or representative) with the proposed EEA, the prescribed information statement, and any relevant award/order that would apply if the EEA doesn’t take effect (s. 97UG(1), (2)). This must be done not less than 5 days before signing for new employees, and not less than 14 days before signing for existing employees (s. 97UG(4)). Compliance with any regulations for providing information is also required (s. 97UG(5)).
  • Formalities: EEAs must be in writing, name parties, specify employment type, and be signed by employer, employee (or representative), and witnessed by a person aged 18+ not a party (s. 97UL(1), (3)). If the employee is under 18 (and not a represented person), a person legally responsible for their care or a prescribed person must also sign and be witnessed (s. 97UM(2), (3)).
  • Dispute Resolution: EEAs must include provisions for dispute resolution, providing for referral to an arbitrator and requiring parties to genuinely attempt to settle disputes. The provisions must comply with any prescribed steps/processes and time limits, and specify how arbitration costs are borne (s. 97UN(1), 97UO(1), (2)).
  • Registration: EEAs must be lodged with the Registrar for registration in accordance with regulations, no later than 21 days after the day of execution (s. 97UY(1), (2)). If deficiencies are notified by the Registrar, parties may lodge a revised EEA (s. 97VE(1), 97VO(1)).
  • Bargaining Agents: Employers and employees may appoint bargaining agents in writing, and a copy of the appointment must be given to the other party (s. 97UJ(1), (4)).
  • Prohibited Conduct:
    • Employers/employees/representatives must not refuse to recognise a bargaining agent (s. 97UK(1)).
    • Not to coerce or induce concerning bargaining agent appointment or termination (s. 97UK(2)).
    • Not to make employment, promotion, or transfer conditional on entering into an EEA (s. 97XZ).
    • Not to advertise employment implying only an EEA relationship (s. 97Y).
    • If offering employment under an EEA, must also offer employment under any relevant award/enterprise order or equivalent contract (s. 97YB(2), (3)).
    • Not to use threats or intimidation to persuade regarding an EEA or cancellation agreement (s. 97YD(1)).
    • Not to intimidate or threaten injury/harm to an employee or representative due to their party status in an EEA or cancellation agreement (s. 97YD(2), (3)).
    • Not to make misleading statements or information to persuade regarding an EEA or cancellation agreement (s. 97YE).
    • Not to dismiss, alter position, refuse promotion, or otherwise injure an employee for refusing to enter into an EEA or cancellation agreement (s. 97YF).
  • Arbitrator Orders: Employer and employee must comply with orders or determinations made by an arbitrator (s. 97WO©). Orders made by a Commissioner or lodged with the Commission are enforceable (s. 97WP).
• Freedom of Association (Part VIA):
  • Prohibited Discrimination: Persons must not treat others less favourably or more favourably in contracts of employment or for services based on their organisation membership or officer status (s. 96C(1)). Not to conspire to do so (s. 96C(2)).
  • Prohibited Discriminatory Acts: Persons must not refuse to employ, intimidate, prejudice, hinder, or prevent employment/promotion of a person based on their organisation membership or non-membership (s. 96D(1), (2)). Not to conspire to do so (s. 96D(3)).
  • Prohibited Acts due to Non-Membership: Persons must not threaten discriminatory action or interference with trade/profession due to non-membership (s. 96E(1)). Not to advise/encourage/incite discriminatory action due to non-membership (s. 96E(2)). Not to take/threaten industrial action to coerce an employer to take discriminatory action or join an organisation due to non-membership (s. 96E(3)).
• Protection of Employee Rights (Part 6B):
  • Damaging Action: Employers must not take damaging action against an employee for making, or being able to make, an employment-related inquiry or complaint (s. 97A(1)).
  • Sham Contracts: Employers must not misrepresent a contract of employment as a contract for services (s. 97D(1)). Not to dismiss or threaten dismissal to re-engage an employee under a contract for services for the same/substantially same work (s. 97E(1)). Not to make false statements to persuade an employee to enter a contract for services for the same/substantially same work (s. 97F(1)).
  • Prohibited Advertising: Persons must not advertise employment availability at a rate less than the applicable minimum wage (s. 97H(1)).
• Compulsory Conference Orders (s. 44(6), 82(2), 84A(1)):
  • Parties must comply with any directions or orders given or made by the Commission at or in relation to a compulsory conference. These may include directions to confer, limit disclosure, prevent deterioration of industrial relations, or enable conciliation/arbitration (s. 44(6)).
• General Offences/Obstruction (s. 102):
  • Persons lawfully required to do so must produce/exhibit records and allow examination (s. 102(1)(a)).
  • Persons lawfully asked a question under this Act must answer truthfully (s. 102(1)(b)).
  • Officers of an organisation must assist in ballots by providing required registers and lists of members (s. 102(1)©).
  • Persons must not falsely represent membership in an application (s. 102(1)(d)).
  • Persons must not resist or obstruct someone performing a duty or exercising a power under the Act (s. 102(2)(a)). This includes destroying, defacing, altering, taking, or interfering with notices posted by industrial inspectors (s. 102(2A)).
  • Persons must not wilfully mislead someone regarding the exercise of power or discharge of duty under the Act (s. 102(2)(b)).

Metadata Keywords:

Industrial relations, employment law, Western Australia, awards, industrial agreements, employer-employee agreements, workplace disputes, industrial safety, fair work, trade unions, employer organisations, compliance.

Publication Information:

As at 31 Jan 2025, Official Version.

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_48244.pdf →