Overview of the labour relations system
Employment rights and obligations vary depending on which labour relations framework applies to a business.
In Western Australia, businesses and their respective employees are currently covered by either the State or Federal labour relations systems.
It is important that all employers and employees understand which system applies to them – this will determine the relevant legislation and employment options.
A fact sheet entitled Are you affected by the federal employment laws? has been created to help employers and employees identify which system covers the business concerned.
Further assistance is available via Wageline on 1300 655 266.
State labour relations system
In Western Australia, employment is governed by a number of Acts, including:
- Industrial Relations Act 1979
- Minimum Conditions of Employment Act 1993
- Labour Relations Reform Act 2002
These three Acts are available in pdf format from the State Law Publisher.
Certain federal employment conditions (i.e. unlawful dismissal) still apply to State employees. Such conditions are governed by the Fair Work Act 2009 (Cth), which is available electronically from ComLaw.
Employment arrangements in the State system
Employees in the State system can be employed on:
- State awards;
- industrial agreements;
- employer-employee agreements (EEAs); and/or
- 'common-law' contracts of employment.
The Minimum Conditions of Employment Act 1993 operates as a safety net, providing a minimum standard of wages and conditions that underpins most employment arrangements in Western Australia.