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.

NOTICE is given that an application has been made to the Commission in Court Session by the Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch pursuant to section 72A of the Industrial Relations Act 1979 (WA). This application is matter no. CICS 3 of 2025 (section 72A application).

The Notice can be read here.

The Commission, of its own motion, initiated proceedings to vary the Building Trades (Construction) Award 1987 and the Building Trades Award 1968. The variations aim to simplify and modernise the scope clauses of the Awards while largely maintaining their existing coverage.

The Building Trades (Construction) Award 1987 now defines scope by reference to the ‘on-site building and construction industry,’ and the Building Trades Award 1968 extends coverage to all industries employing workers in the occupations covered by the award, unless they are covered by another award. Other variations include adding a classification for tradespersons with an apprenticeship in concreting, clarifying the application to labour hire businesses and group training services, and ensuring the awards do not apply to employees covered by another State award or the national industrial relations system.

Several unions, employers, and industry groups were notified of the proposed variations, and no individual, organisation, or employer advised the Commission of any opposition to the proposed variations. Accordingly, The Commission in Court Session ordered the awards be amended as proposed.

The decision can be read here.

The appellant employer appealed the decision of an Industrial Magistrate, who found that the employer was required to pay overtime payments to the respondent Union’s member for work performed on a public holiday.  In his decision, Industrial Magistrate Kucera ordered the employer to pay the overtime pay owed to the employee as well as a $15,000 fine.

The appeal grounds related broadly to the Industrial Magistrate’s interpretation of the Industrial Agreement. The employer argued that the Agreement was unambiguous on the matter of public holiday pay being included in the annualised salary and the employee’s rostered hours including the public holiday. Other grounds challenged the penalty imposed, including by alleging the Industrial Magistrate incorrectly applied the maximum penalty for a body corporate to the employer, when the employer was an individual (the Minister).

The Union cross appealed the penalty decision, contending that the penalty was inadequate and that costs should have been awarded to the Union.

The Full Bench, by a majority comprising Commissioner Emmanuel and Commissioner Tsang, upheld the first and second grounds of the appeal, finding that Industrial Magistrate Kucera erred in finding that the construction of the Industrial Agreement was ambiguous on the matter of overtime and public holidays, and in finding that the employee was entitled to a paid day off on the public holiday. The majority relied on the terms of a clause in the Industrial Agreement which provided that the Annualised Salary compensates officers for working on public holidays ‘except where specifically provided for in this Agreement.’ The majority considered this meant that there must be express provision made in the Industrial Agreement itself. There being no such express provision, the Industrial Agreement did not entitle the employee to overtime pay for hours worked on a public holiday or a paid day off.

As a result of upholding the first two grounds of the appeal, it was not necessary for the majority to consider grounds 3-8.

The Senior Commissioner dissented in relation to the construction of the Industrial Agreement. She agreed with the Industrial Magistrate’s construction. She also considered the Industrial Magistrate was correct to have assessed the penalty for contravention on the basis that the employer (being the State) was a body corporate.

The Full Bench unanimously dismissed the Union’s cross-appeal for reasons including the fact that the Union had not claimed costs in the proceedings at first instance and so could not raise that matter on appeal.

The decision can be read here.

The Western Australian Grain Handling Salaried Officers Association (Union of Workers) (Organisation) is an industrial organisation of employees registered under s 53 of the Industrial Relations Act 1979.

The Organisation’s members were primarily drawn from one employer, CBH Pty Ltd. During the 1990s, the organisation and CBH Pty Ltd were parties to State awards and agreements. However, since the Workplace Relations Act 1996 changes which resulted in CHB Pty Ltd being a national system employer, the State industrial instruments have not been operative and the Commission has had little involvement with the Organisation and its members. This had naturally led to a decline in the Organisation’s membership and activities.

The Organisation applied to the Registrar for the cancellation of its registration due to the significant decline in membership. The Registrar, in turn, made an application to the Commission in Court Session to cancel the Organisation's registration, citing sufficient grounds for doing so.

The grounds included the Organisation's request for cancellation and the fact that its membership was less than 200 members. The Organisation's request was made in the approved form and included a statutory declaration confirming it had 20 financial members. Additionally, a special general meeting was conducted, achieving quorum, and it was unanimously resolved to dissolve the Organisation.

After hearing counsel on behalf of the Registrar and Organisation, the Commission in Court Session made an order to cancel the Organisation's registration effective from 10 December 2024.

The decision can be read here.