Special Counsel, Matthew Lilly, and Lawyer, Kimberly Jones, from HHG Legal Group outline the changes to the Western Australian industrial relations system that came into effect on 20 June 2022.

There are two industrial relations systems operating in Western Australia, each with different employment laws, awards and minimum conditions. While most employers are covered by the Federal Fair Work system, many farming and agriculture employers operate under the State system.

Broadly speaking, employers under the WA system include:

1. sole traders;
2. unincorporated partnerships (no Pty Ltd partners);
3. unincorporated trust arrangements (no Pty Ltd trustee); and
4. incorporated associations and not-for-profit organisations, that are not trading or financial corporations.

Knowing which system covers employees in your business is critical as this will determine your employees' rights. If you are unsure about which system you fall under, you can refer to https://www.commerce.wa.gov.au/labour-relations/guide-who-wa-state-system or seek specific advice.

Changes to the WA system

On 20 June 2022, significant changes to the WA system came into effect.

Changes included amendments to the Industrial Relations Act 1979 (IR Act), as well as to the minimum conditions of employment for state system employees.

These changes include:

1. an expanded definition of 'employee', which now covers domestic employees (such as nannies, cleaners or gardeners);
2. powers to stop bullying and sexual harassment in the...

Read Full Story: https://www.mandurahmail.com.au/story/7847075/changes-to-wa-state-employment-...