State System Employers: Changes to the Western Australian employment laws

by | Jul 25, 2022 | Employment Law and Workplace Relations Blog

On 20 June 2022, a number of major changes to our WA employment laws, came into effect. The following sets out a brief summary of key changes and related information.

COVERAGE

The following employers and their employees continue to be covered by our WA employment legal system.

  • Public Sector.
  • Sole traders.
  • Unincorporated partnerships.
  • Unincorporated trust arrangements.
  • Unincorporated associations.

 

INDUSTRIAL LAWS

The industrial relations system in Western Australia is governed by the following laws.

  • Industrial Relations Acts 1979.
  • Minimum conditions of Employment Act 1993.
  • Long Service Leave Act 1958.

 

EMPLOYER OBLIGATIONS

State system employers now have the following new obligations:

  • Must issue employees with payslips.
  • Must keep additional records as set out in the Industrial Relations Act 1979 and Long Service Leave Act 1958.

 

NEW LEGAL CLAIMS

A ‘worker’ who is still employed or engaged can make an application to the Western Australian Industrial Relations Commission to deal with workplace bullying and sexual harassment at work and seek stop orders.

An employee can initiate a claim in the Industrial Magistrates Courts against their employer, if:

  • The employer has engaged in ‘damaging action‘; and or
  • has breached the sham contracting provisions.

 

NEW EMPLOYEE ENTITLEMENTS

  • All state system employees are now entitled to five days of unpaid family and domestic violence leave per year.
  • Paid sick leave and paid carer’s leave has been combined for permanent employees and will now be known as ‘Personal Leave’.

 

HIGHER PENALTIES

Maximum penalties for an employer breaching specific legal obligations has increased to:

  • $13,000 where the employer is an individual
  • $65,000 where the employer is a body corporate

 

OTHER CHANGES

Industrial inspectors now have new tools and powers to ensure compliance with these industrial laws. This includes the ability to issue compliance notices, enter into enforceable undertakings and issue infringement notice for failing to comply with record-keeping requirements.

There has also been a number of changes to the Long Service Leave Act, to:

  • Widen record-keeping requirements;
  • Increase penalties for breaches;
  • Provide more flexibility on how long service leave can be taken; and
  • Clarify provisions regarding ‘transfer of business’ and the meaning of ‘continuous service’.

 

WHAT TO DO NOW?

  1. Review and amend employment contract and policies to ensure compliance.
  2. Conduct training to HR and leaders to ensure they are across the new changes.
  3. Review and update records.
  4. Ensure Payroll and Leave Management Systems are updated.
  5. Take legal advice.

 

Natalie Zurita

Natalie Zurita