Western Australian Industrial Relations Commission

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Welcome to the Western Australian Industrial Relations Commission 

 We are an independent quasi-judicial tribunal established under the Industrial Relations Act 1979 to deal with industrial matters in the State of Western Australia by conciliation or, if necessary, arbitration. Our main objectives are to prevent and settle industrial disputes.

The WAIRC will deal with an application providing it has the jurisdiction or power to do so.   Click here for more information about who can apply to the WAIRC.

Online lodgement

You can now lodge documents online, including referring new claims to the Commission.  Click on this link, or click on the Applications and Forms tab above. 

Our new online lodgement system provides access to the Commission’s modernised Forms, in an interactive environment.

If you have any feedback or ideas about our new online lodgement system, please let us know by completing our Contact Form.


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Latest News

Full Bench found truck driver's conduct to be serious misconduct Friday, 27 March 2020 The Full Bench has unanimously dismissed an appeal against a decision of the Road Freight Transport Industry Tribunal (Tribunal) that found that the respondent lawfully terminated a Cartage Agreement (Agreement) with the appellant after the... More detail
Full Bench grants extension of time for appellant lodge appeal and to file appeal books Tuesday, 17 March 2020 The Full Bench has unanimously granted an extension of time for an appellant who filed a Notice of Appeal out of the time limit prescribed by the Industrial Relations Act 1979 (WA) (Act) and had not filed appeal books as required by the Industrial... More detail
Unfair dismissal claim dismissed for lack of jurisdiction as family trusts found to be national system employer Friday, 06 March 2020 The Commission has determined on the papers that it is unable to hear an unfair dismissal claim because the applicant was employed by a national system employer and the Commission does not have jurisdiction to hear the matter. The application... More detail

Time limit

A claim of unfair dismissal must be referred to the Commission within 28 days of the employee being dismissed.  If a claim is referred after the 28 days (or “out of time”), the employee must convince the Commission that it would be unfair not to allow the employee to refer the claim. 

The Commission will take into account the following principles to determine whether it is unfair not to allow the employee to refer a claim: 

  • Special circumstances are not necessary but the Commission must be positively satisfied that the prescribed period should be extended. The starting point is that the time limit should be complied with unless there is an acceptable explanation for the delay which makes it equitable to extend.
  • Action taken by the employee to contest the termination, other than applying under the Act, will be relevant. It will show that the decision to terminate is actively contested.  It may favour the granting of an extension of time.
  • Prejudice to the respondent including prejudice caused by delay will go against the granting of an extension of time.
  • The mere absence of prejudice to the respondent is an insufficient basis to grant an extension of time.
  • The merits of the substantive application may be taken into account in a 'rough and ready way' in determining whether to grant an extension of time.
  • Consideration of fairness as between the employee and other persons in a like position are relevant to the exercise of the Commission's discretion.

These principles are not exhaustive.  Each case will turn upon its own individual facts and circumstances.  That is, whether in the circumstances it is unfair to not accept the employee's claim.


Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : Registry


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