New state employment laws commenced on 31 January 2025.

Key changes, which were introduced by the Industrial Relations Legislation Amendment Act 2024, include:

• Abolishing the Commission constituent authorities of the Public Service Arbitrator (PSA) and the Public Service Appeal Board (PSAB), and transferring the jurisdiction of the PSA and PSAB to the general jurisdiction of the Commission.
• A new prohibition on sexual harassment in connection with work.
• An increase to the state statutory minimum casual loading from 20% to 25% and a new test to determine if a worker’s employment is casual employment. When determining if a person is an employee or a casual employee, the focus is to be placed on the practical reality and real substance of the working relationship and not just the terms of a contract of employment.
• A new enforceable minimum condition enabling employees to request a flexible working arrangement in certain circumstances.
• A fit and proper person test for a union official to obtain a state right of entry permit.
• Increased civil penalties for contravening state employment laws.
• A prohibition on misconduct before the Commission including insulting, obstructing or hindering a Commissioner in the performance of their functions.

Some changes to be introduced by the Industrial Relations Legislation Amendment Act 2024 have a later commencement date which has not yet been set. These changes will involve:

• Public sector employees having access to the Commission for alleged breaches of specified public sector standards.
• Improved regulation of registered industrial agents.

We are in the process of updating our website to reflect these changes where relevant. Please email registry@wairc.wa.gov.au if you have any queries about the law changes.