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Changes to WA state employment laws

Changes to the Western Australian industrial relations system came into effect on 20 June 2022 - here's what they mean for businesses. Photo: Supplied
Changes to the Western Australian industrial relations system came into effect on 20 June 2022 - here's what they mean for businesses. Photo: Supplied

This is branded content for HHG Legal Group.

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 workplace, and address equal pay;
  3. increased employee protections, including prohibiting 'damaging actions' against an employee because an employee is able to make an employment-related inquiry or complaint (similar to the general protections against adverse action in the national system);
  4. increased record keeping requirements (including the requirement for all employers to issue pay slips); and
  5. tougher enforcement, and increased penalties, for non-compliance with the Act.

Other changes

Even if you are not covered by the State system, changes to long service leave and public holidays will apply to most employers with employees in WA.

As of earlier this year, Easter Sunday was established as a public holiday.

Changes to long service leave include clarification that absences that do not break an employee's continuous employment, and on which absences count towards the length of an employee's continuous employment.

The amendments explain that casual and seasonal employees are entitled to long service leave, as well as allowing increased flexibility to take long service leave.

What should I do?

As with any changes in laws that apply to your business, knowledge is key. You can find more detailed information on these changes at: https://www.commerce.wa.gov.au/labour-relations/upcoming-changes-state-employment-laws-western-australia.

If you are covered by the WA State system, we also recommend subscribing to the WA Wageline newsletter, to keep up to date with current news and for more information on the abovementioned changes: https://www.commerce.wa.gov.au/labour-relations/subscribe-wageline-news.

If you are concerned about any of these changes, seek legal advice at your earliest opportunity.

HHG Legal Group's team is highly skilled and experienced in advising on all aspects of Agribusiness and Employment Law. Contact HHG Legal Group today if you need advice or representation in this area.

If you have any questions and require assistance regarding the employment law changes, please do not hesitate to contact HHG Legal Group's Employment or Agribusiness lawyers on (08) 9322 1966 or email reception@hhg.com.au.

*This is general information only and does not constitute specific legal advice. Please consult one of HHG Legal Group's Legal Team for specific advice relevant to your situation.

This is branded content for HHG Legal Group.