{"id":"employment-dispute-resolution-regulations-2008","name":"Employment Dispute Resolution Regulations 2008","slug":"employment-dispute-resolution-regulations-2008","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176540,"registerId":"wa-employment-dispute-resolution-regulations-2008-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Employment Dispute Resolution Regulations 2008","content":"![Crest]()Western Australia\n\nEmployment Dispute Resolution Act 2008\n\nEmployment Dispute Resolution Regulations 2008\n\nWestern Australia\n\nEmployment Dispute Resolution Regulations 2008\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used in these regulations 1\n\n4. Meaning of “Commonwealth enterprise agreement” (EDR Act section 3) 2\n\n5. Practice and procedure: employment dispute referrals 2\n\n6. Appeals 2\n\n7. Applications under the EDR Act section 27 2\n\n8. Register 3\n\n9. Allocation 3\n\n10. Service 3\n\n11. Proceedings for enforcement 4\n\n12. Publication of notice of variation 4\n\nSchedule 1 — Forms\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nEmployment Dispute Resolution Act 2008\n\nIndustrial Relations Act 1979\n\nEmployment Dispute Resolution Regulations 2008\n\n##### 1. Citation\n\n\t\tThese regulations are the *Employment Dispute Resolution Regulations 2008*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Employment Dispute Resolution Act 2008* comes into operation.\n\n[Regulation 2 correction: Gazette 5 Dec 2008 p. 5087.]\n\n##### 3. Terms used in these regulations\n\n(1) In these regulations —\n\n  EDR Act means the *Employment Dispute Resolution Act 2008*;\n\n  Registrar has the meaning given in the IR Act section 7(1).\n\n(2) Words and expressions used in these regulations have the same respective meanings as in the EDR Act.\n\n##### 4. Meaning of “**Commonwealth enterprise agreement”** **(EDR Act section 3)**\n\nAn AWA, within the meaning of that term in the *Fair Work (Transitional Provisions and Consequential Amendments) Act 2009* (Commonwealth), is prescribed for the purposes of the definition of Commonwealth enterprise agreement in the EDR Act section 3(1).\n\n[Regulation 4 inserted: Gazette 16 Mar 2012 p. 1250.]\n\n##### 5. Practice and procedure: employment dispute referrals\n\nIf an employment dispute is referred to the IR Commission under the EDR Act Part 2 Division 2 —\n\n(a) the referral is to be in a form approved in writing by the Chief Commissioner (see section 13(2) of the Act); and\n\n(b) unless otherwise specified in the referral agreement, the EDR Act or these regulations, the *Industrial Relations Commission Regulations 2005* apply with such changes as are necessary as if the referral were an application under the IR Act; and\n\n(c) the forms set out in the *Industrial Relations Commission Regulations 2005* are to be used, with such changes as are necessary, accordingly.\n\n##### 6. Appeals\n\nThe *Industrial Relations Commission Regulations 2005* regulations 102 (except regulation 102(4) and (13)), 103 and 103A apply to an appeal under the EDR Act section 22.\n\n##### 7. Applications under the EDR Act section 27\n\n(1) An application to the IR Commission under the EDR Act section 27 is to be made in the form of Form 1 in Schedule 1.\n\n(2) The application, and any other documents that are to be filed or lodged in relation to the application, are to be filed or lodged in the office of the Registrar.\n\n(3) The *Industrial Relations Commission Regulations 2005* regulations 4, 5 and 7(1), (2), (4) and (5) apply in relation to the application and related documents.\n\n[Regulation 7 amended: Gazette 16 Mar 2012 p. 1251.]\n\n##### 8. Register\n\n(1) The Registrar is to keep a register of the following —\n\n(a) all requests for mediation proceedings under the EDR Act section 7;\n\n(b) all referrals of an employment dispute under the EDR Act section 13;\n\n(c) all applications under the EDR Act section 27 to have a dispute resolution process conducted.\n\n(2) The register may be in the form of a record or information stored by electronic means.\n\n##### 9. Allocation\n\nThe Registrar is to present each request, referral and application referred to in regulation 8(1) to the Chief Commissioner for allocation as soon as is practicable after it is lodged or filed with the Registrar.\n\n[Regulation 9 correction: Gazette 5 Dec 2008 p. 5087.]\n\n##### 10. Service\n\nThe *Industrial Relations Commission Regulations 2005* regulations 24, 27 and 28 apply in relation to an application to the IR Commission under the EDR Act section 27 as if the application were filed in proceedings before the Commission.\n\n[Regulation 10 amended: Gazette 16 Mar 2012 p. 1251.]\n\n##### 11. Proceedings for enforcement\n\nThe *Industrial Relations Commission Regulations 2005* regulation 60 applies for the purposes of enforcing a decision or direction under the EDR Act section 20 or 25(3).\n\n##### 12. Publication of notice of variation\n\n(1) If an order made under the EDR Act section 18(1)(a) (an EDR order) varies the operation of an existing award, order or industrial agreement under the IR Act, the Registrar must publish a notice of the variation —\n\n(a) in the next available issue of the *Western Australian Industrial Gazette* published under the IR Act; and\n\n(b) in a newspaper circulating throughout the State or on an internet site maintained by the IR Commission.\n\n(2) The notice must specify —\n\n(a) the award, order or industrial agreement that was varied; and\n\n(b) the parties to the EDR order; and\n\n(c) the date on which the EDR order was made.\n\nSchedule 1 — Forms\n\nForm 1\n\n[r. 7]\n\n- *Employment Dispute Resolution Act 2008* s. 27Western Australian Industrial Relations CommissionApplication No. ……... of 20…. **Application to conduct dispute resolution process**\n- **Applicant** Name\n- Contact person\n- Mailing address\n- Telephone\n- Fax\n- Email address\n- **Application** I apply to have a dispute resolution process conducted by the Commission under the *Employment Dispute Resolution Act 2008* section 27\n- **Matter in dispute**1\n- **Is the matter urgent?**[Tick one box] Yes No\n- **Parties to the matter in dispute**2\n- **Party 1** Full name\n- Contact person\n- Mailing address\n- Telephone\n- Fax\n- Email address\n- **Party 2** Full name\n- Contact person\n- Mailing address\n- Telephone\n- Fax\n- Email address\n- **Party 3** Full name\n- Contact person\n- Mailing address\n- Telephone\n- Fax\n- Email address\n- **Name of relevant Commonwealth enterprise agreement** Number (if applicable)\n- **Type of assistance sought from IR Commission**\n- **Signature of applicant** Date\n\n\nNotes to Form 1:\n\n1. Provide a brief description. Attach schedule if necessary.\n\n2. If more than 3 parties are involved attach a sheet identifying relevant details of each additional party.\n\n[Schedule 1 amended: Gazette 16 Mar 2012 p. 1251.]\n\nNotes\n\n1 This is a compilation of the *Employment Dispute Resolution Regulations 2008.* The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Employment Dispute Resolution Regulations 2008* | 28 Nov 2008 p. 5019-26 (Printers correction 5 Dec 2008 p. 5087) | r. 1 and 2: 28 Nov 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Dec 2008 (see r. 2(b) and *Gazette* 28 Nov 2008 p. 5029) |\n| *Employment Dispute Resolution Amendment Regulations 2012* | 16 Mar 2012 p. 1250‑1 | r. 1 and 2: 16 Mar 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Apr 2012 (see r. 2(b) and *Gazette* 16 Mar 2012 p. 1246) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCommonwealth enterprise agreement 4\n\nCommonwealth enterprise agreement” (EDR Act section 3) 4\n\nEDR Act 3(1)\n\nEDR order 12(1)\n\nRegistrar 3(1)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope — no legislative content was returned. The source URL appears to be a dead link resulting from a website migration or restructure, not a change to the legislation itself."},"complexity_factors":["No legislative content was retrievable — the page returned a 'no longer available' error message rather than any legal text","Cannot assess complexity without access to the actual regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided leads to a broken or removed page on the Western Australian legislation website. The page for the *Employment Dispute Resolution Regulations 2008* is no longer available at that address due to system and security upgrades.\n\n**What this means for you:** No analysis of the actual law can be provided from this source. If you need to read these regulations, try:\n- Searching directly on the [WA Legislation website](https://www.legislation.wa.gov.au)\n- Contacting the Parliamentary Counsel's Office Helpdesk (linked on the original page)\n- Searching on the [Australasian Legal Information Institute (AustLII)](https://www.austlii.edu.au) website"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 2012 amendment added a specific prescription that an Australian Workplace Agreement (AWA), as defined in the Commonwealth Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, counts as a \"Commonwealth enterprise agreement\" for the purposes of the EDR Act (reg 4). That clarification broadens (or at least clarifies) the range of writing‑based Commonwealth agreements captured by the EDR regime to include AWAs under the Commonwealth transitional scheme. Other 2012 changes updated cross‑references and procedural applications (amendments to regs 7 and 10 and the Schedule) to align with the Commission’s forms and practices. Collectively, the amendments did not repurpose the regulations’ primary function (procedural implementation of the EDR Act) but did change scope by expressly including AWAs within the definition of Commonwealth enterprise agreement, and by refining procedural cross‑references."},"complexity_factors":["Short instrument (12 regulations plus Schedule 1)","Only 3 terms defined in the regulations themselves (EDR Act, Registrar, Commonwealth enterprise agreement) (reg 3, 4)","Multiple cross‑references to external instruments: Industrial Relations Commission Regulations 2005 (several specific regs cited: rr.4,5,7,24,27,28,60,102,103,103A) and the IR Act and EDR Act (regs 3,5,6,7,10,11)","Conditional importation language: applies IR Commission Regulations “as if” an EDR referral were an IR Act application (reg 5) — requires reading-and-applying changes","Schedule 1 form with variable number of parties and fields to complete (reg 7, Schedule 1)","Amendments and insertions (notably reg 4 in 2012) that alter definitions and cross-references (compilation notes)"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They set the procedural rules for how employment disputes handled under the Employment Dispute Resolution Act 2008 (EDR Act) are processed by the Western Australian Industrial Relations Commission (the Commission).\n- Key mechanics: the regulations prescribe the form and filing point for applications (Form 1 in Schedule 1) (reg 7); require referrals to use a Chief Commissioner–approved form and say that, unless stated otherwise, the Commission’s ordinary Industrial Relations (IR) procedures apply to EDR referrals (reg 5); require the Registrar to keep a register of mediation requests, referrals and applications and to present each matter to the Chief Commissioner for allocation (regs 8–9); apply specified IR Commission rules for appeals, service, and enforcement (regs 6, 10, 11); and require publication of any change an EDR order makes to an existing award, order or industrial agreement (reg 12).\n\n**Who is affected**\n\n- Employees and employers who use the EDR Act pathways to resolve workplace disputes, including parties to Commonwealth enterprise agreements as defined for the EDR Act (reg 4).\n- The Registrar and Commission officers (Chief Commissioner) responsible for receiving, recording, allocating, serving and publishing matters under the EDR Act (regs 3, 8–9, 12).\n- Parties who want to appeal an EDR decision — specified IR Commission appeal procedures apply (reg 6).\n\n**Why it matters**\n\n- The regulations make the EDR Act operational by tying its procedures to the Commission’s existing practice rules and by setting filing, service, allocation and publication processes. That creates predictable process steps for disputing parties and reduces the need for bespoke EDR procedures.\n\n**How the rules work in practice (step by step)**\n\n1. A party files an application to have a dispute resolution process conducted using the form in Schedule 1 (Form 1) and lodges it at the Registrar’s office (reg 7).\n2. The Registrar logs the request/referral/application in a register (which may be electronic) and presents the matter to the Chief Commissioner for allocation as soon as practicable (regs 8–9).\n3. If a dispute is referred to the Commission under the EDR Act, that referral must use a Chief Commissioner–approved form and, unless the referral agreement, the EDR Act or these regulations say otherwise, the IR Commission Regulations 2005 apply with necessary changes as if the referral were an IR Act application (reg 5).\n4. Appeal, service and enforcement steps follow specified provisions of the IR Commission Regulations 2005 (regs 6, 10–11).\n5. If an EDR order varies the operation of an existing award/order/industrial agreement under the IR Act, the Registrar must publish a notice with specified particulars in the Industrial Gazette and either a state-wide newspaper or the Commission’s website (reg 12).\n\n**What the instrument says its purpose is (attribution)**\n\n- The regulations exist to implement the EDR Act by specifying forms, filing points, record-keeping, allocation, and the application of existing IR Commission procedural rules to EDR matters (see regs 5–12).\n\n**Testing that stated purpose against costs, incentives and trade-offs**\n\n- Compliance burden: Largely light and administrative. Parties must use a specified application form (Schedule 1) and file at the Registrar’s office (reg 7). The Registrar and Chief Commissioner bear the administrative tasks of registering and allocating matters (regs 8–9). Publication obligations (reg 12) create minor administrative costs for the Commission.\n\n- Use of existing procedures: The regulations deliberately import specified IR Commission Regulations 2005 provisions (regs 5, 6, 10–11). That reduces the need to draft parallel procedures, increases predictability for users familiar with IR practice, but creates operational dependence: changes to the referenced IR rules or to the external Acts (EDR Act, IR Act, or the Commonwealth transitional provisions referenced in reg 4) will affect how EDR matters operate.\n\n- Effect on private choice and parties: By treating referrals “as if” they were IR Act applications (reg 5), the regulations narrow procedural variance — disputing parties will face the Commission’s standard practices rather than a separate bespoke EDR process. That promotes consistency but reduces procedural flexibility for parties who might prefer different rules.\n\n- Incentives for behaviour: The need to use approved forms and to file at the Registrar’s office channels disputes into the Commission’s administrative workflow, encouraging use of mediation/referral pathways rather than ad hoc processes (regs 5, 7–9).\n\n- Concentrated benefits and costs: Administrative consolidation concentrates process control with the Commission (benefit: institutional expertise; cost: centralized decision points). Costs to individual parties are mostly time and standard filing/service obligations; there are no obvious new fees or substantive liabilities introduced by these regulations themselves.\n\n- Implementation risks: The regulations depend on cross-references to other instruments (IR Commission Regulations 2005; IR Act; EDR Act; Commonwealth transitional legislation) which creates fragility: changes in those external instruments can change procedure without amending these regulations (regs 3–5, 6, 10–11).\n\n**Concrete who/what/when**\n\n- Who pays: Parties pay the administrative cost of preparing and lodging forms and complying with service and filing rules. The Commission bears recording, allocation and publication tasks.\n- Who decides: The Registrar receives and records matters; the Chief Commissioner allocates matters and approves referral forms (regs 5, 8–9).\n- What behaviour changes: Parties will follow the Commission’s existing filing, service and appeal procedures when using the EDR Act, and the Commission will treat many EDR referrals as if they were IR Act applications (reg 5)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing procedural machinery for the Employment Dispute Resolution Act 2008. The 2012 amendments merely updated references to Commonwealth legislation (specifically prescribing AWAs under the Fair Work transitional provisions) and made minor procedural adjustments. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Short length (12 regulations plus one form)","Minimal defined terms (only 4 substantive definitions in the interpretation section)","Heavy reliance on external regulations (Industrial Relations Commission Regulations 2005) rather than standalone procedural rules—creates dependency complexity but keeps text short","Simple conditional logic (mostly 'if X then Y' structures without nested exceptions)","Single amendment history (2012) with straightforward insertions","No complex mathematical formulas, deeming provisions, or multi-layered exceptions"],"plain_english_summary":"These regulations set out the practical rules for how workplace disputes are handled under Western Australia's Employment Dispute Resolution Act 2008.\n\n**What it does:**\n- **Sets up the paperwork**: Specifies what forms to use when asking the Industrial Relations Commission to help resolve a dispute (Form 1 in Schedule 1).\n- **Borrow existing rules**: Rather than reinventing the wheel, these regulations \"borrow\" procedural rules from the Industrial Relations Commission Regulations 2005 for things like appeals, filing documents, serving papers on other parties, and enforcing decisions.\n- **Defines key terms**: Clarifies that an \"AWA\" (Australian Workplace Agreement—a type of individual employment contract under old Commonwealth law) counts as a \"Commonwealth enterprise agreement\" for the purposes of this Act.\n- **Record-keeping**: Requires the Registrar to keep a register of all mediation requests, dispute referrals, and applications for dispute resolution.\n- **Public notice**: Requires the Registrar to publish notices when an Employment Dispute Resolution (EDR) order changes an existing award or agreement—either in the Government Gazette, a newspaper, or online.\n\n**Who it affects:**\n- Employees and employers in Western Australia who have disputes about employment matters, particularly those involving Commonwealth workplace agreements.\n- The Industrial Relations Commission and its Registrar, who administer the process.\n\n**Why it matters:**\nThese regulations are the \"nuts and bolts\" that make the Employment Dispute Resolution Act actually work. Without them, parties wouldn't know what forms to fill out, how to appeal, or how decisions get enforced. It ensures disputes get resolved through mediation or arbitration rather than expensive court battles."}},"importantCases":[],"_links":{"self":"/api/acts/employment-dispute-resolution-regulations-2008","history":"/api/acts/employment-dispute-resolution-regulations-2008/history","analysis":"/api/acts/employment-dispute-resolution-regulations-2008/analysis","conflicts":"/api/acts/employment-dispute-resolution-regulations-2008/conflicts","importantCases":"/api/acts/employment-dispute-resolution-regulations-2008/important-cases","documents":"/api/acts/employment-dispute-resolution-regulations-2008/documents"}}