Upcoming changes to WA State employment law - 31st January 2025
Jan 17, 2025In Australia the Industrial Relations (IR) system is made up of the State and Federal system (also known as Fair Work). In November last year it was announced that a bill had been passed to amend the Western Australian state system. The aim of the amendments is to continue modernising the state system to improve minimum conditions of employment.
How do I know if I am covered by the state or federal system?
Essentially, whether you fall under the state or federal system has nothing to do with your position title, but instead the structure of the business you work for. For example, a Pty Ltd company falls under the Federal system, whereas local government employers and employees in WA are covered by the state. Click here for a full breakdown or simply ask your employer!
What are the upcoming State law changes?
Employees covered by the WA state system can expect to see the following changes from 31 January 2025:
Minimum conditions:
- Increase to the minimum casual loading from 20% to 25% (click here for fact sheet).
- Changes to the public holiday minimum condition to:
- provide employees with an entitlement to be absent from work on a public holiday and for an employee to be paid for their ordinary hours on that day;
- allow an employer to request an employee to work on a public holiday if reasonable; and
- allow an employee to refuse a request to work on a public holiday, if the request is not reasonable, or the refusal is reasonable (click here for fact sheet).
- A new minimum condition enabling employees with at least 12 months' service to request flexible working arrangements in certain circumstances, such as where an employee is returning from parental leave
Industrial Relations:
- The power of the Public Service Arbitrator (PSA) and the Public Service Appeal Board (PSAB) will be transferred to the general jurisdiction of the Western Australian Industrial Relations Commission (WAIRC);
- A fit and proper person test will be established for union officials. This will be used when obtaining a right of entry permit;
- Changes to the definition of the terms “employee” and “employer” and “casual employee”. This will be based on the practical reality of the employment relationships rather than strict contractual terms;
- The introduction of a new prohibition on sexual harassment in connection with work, consistent with the federal Fair Work Act 2009 provisions;
- An increase to civil penalties for breaking state employment laws, in alignment with the Fair Work Act; and
- Enabling the Local Government (Long Service Leave) Regulations 2024, which provide long service leave entitlements to local government employees, to be enforced under the IR Act.
Additionally, the following changes will be rolled out later in the year:
- Public sector employee will have access to the WAIRC for any alleged breaches of specific standards, to enable breaches to be conciliated and arbitrated; and
- Improved regulation of registered industrial agents.
Click here to view a breakdown of each upcoming change and understand how this may impact you or your business. Alternatively, a copy of the Industrial Relations Amendment Bill can be found here.
Stay tuned for our next blog entry where we break down the increases to casual loading.
Please feel free to reach out to the team at Employii for any assistance via [email protected]. We are more than happy to help!
Author: Jess Roughsedge (HR Consultant)
