Western Australian Industrial Relations Commission

What is the salary cap?

The Commission cannot deal with a claim for unfair dismissal if the employee's salary exceeds the prescribed amount, unless an industrial instrument applies to the employment. 

The prescribed amount can be found here.

An industrial instrument is: 

  • an award;
  • an order of the Commission (including General Order);
  • an industrial agreement; or
  • an employer-employee agreement.

The Termination, Change and Redundancy General Order applies to the employment of all State system employees.  An employee to whom the General Order applies is not subject to the salary cap and may make a claim of unfair dismissal to the Commission. 

Calculation of salary

The employee's salary is assessed based on the greater of –

  • the salary the employee actually received; or
  • the salary they were entitled to,

– for the 12 months immediately prior to the dismissal. 

Employees employed for less than 12 months

Remuneration received x 365


Days employed

Industrial Relations (General) Regulations 1997 (WA) reg 5(2)(c)

Employees on leave without full pay during last 12 months

Remuneration received +

Remuneration received ´ Days on leave without full pay


Days not on leave without full pay

Industrial Relations (General) Regulations 1997 (WA) reg 5(2)(b)

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

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

Free Fax :1800 804 987

Email : Registry

 

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