{"id":"industrial-relations-employeremployee-agreements-regulations-2002","name":"Industrial Relations (Employer-employee Agreements) Regulations 2002","slug":"industrial-relations-employer-employee-agreements-regulations-2002","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178319,"registerId":"wa-industrial-relations-employeremployee-agreements-regulations-2002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industrial Relations (Employer-employee Agreements) Regulations 2002","content":"![Crest]()Western Australia\n\nIndustrial Relations Act 1979\n\nIndustrial Relations (Employer-employee Agreements) Regulations 2002\n\nWestern Australia\n\nIndustrial Relations (Employer-employee Agreements) Regulations 2002\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — Definition of “relevant order”\n\n3. Definitions 2\n\n4. Orders prescribed for definition of “relevant order” 2\n\nPart 3 — Disputes\n\nDivision 1 — Requirements for EEA dispute provisions\n\n5. Purpose of this Division 4\n\n6. Definitions 4\n\n7. Notice of dispute 4\n\n8. Settlement agreement 4\n\n9. Notice of proposed arbitrator 5\n\n10. Notice of proposed arbitrator where specified arbitrator not available 5\n\n11. Notice of a proposed arbitrator may be given once only 6\n\n12. Referral of dispute for arbitration 7\n\n13. Default appointment 7\n\n14. Time for making default appointment 8\n\nDivision 2 — Referral for arbitration by Commission\n\nSubdivision 1 — Preliminary\n\n15. Purpose of this Division 8\n\n16. Definitions 8\n\nSubdivision 2 — Filing of documents\n\n17. Application 9\n\n18. Presentation at office 9\n\n19. Registered post 9\n\n20. Facsimile transmission 9\n\n21. Electronic data transmission 10\n\n22. Agent may act for a party 11\n\n23. General requirements for documents 11\n\n24. Register 11\n\nSubdivision 3 — Referral for arbitration\n\n25. How referral made 12\n\n26. Service of form of referral 12\n\n27. Answer 13\n\nSubdivision 4 — Other provisions as to service\n\n28. Service by electronic means 13\n\n29. Service on agent 14\n\n30. Proof of service 14\n\nSubdivision 5 — General\n\n31. Application for and notice of hearing 14\n\n32. Access to order and determinations 15\n\nDivision 3 — Other provisions relating to disputes\n\n33. Model EEA dispute provisions 15\n\n34. Limit on arbitration costs to be borne by employee 16\n\n35. Lodgment by arbitrator of order or determination 17\n\n36. Failure of arbitrator to lodge order or determination 18\n\nPart 4 — Countersigning of EEA made with minor\n\n37. Purpose of this Part 19\n\n38. Definitions 19\n\n39. Classes prescribed 19\n\n40. Circumstances prescribed 20\n\nPart 5 — Lodgment of EEAs for registration\n\nDivision 1 — Requirements for lodgment\n\n41. This Part to be complied with 21\n\n42. Registrar to approve forms 21\n\n43. Lodgment by employer 21\n\n44. Lodgment by employee 22\n\n45. Lodgment of revised EEA 22\n\n46. Other requirements 23\n\n47. Extension of time if office of Registrar closed 23\n\nDivision 2 — Methods of lodgment\n\n48. Application of this Division 23\n\n49. Presentation at office 24\n\n50. Registered post 24\n\n51. Facsimile transmission 24\n\n52. Electronic data transmission 25\n\nPart 6 — Section 97XT of the Act: restrictions on inspection of register\n\n53. Registrar to be satisfied of reason for inspection 26\n\n54. Protected information 26\n\nSchedule 1 — Filing or lodgment of documents by electronic data transmission\n\n1. Requirements for electronic data transmission 27\n\n2. Documents required for service 27\n\n3. Paper copy of document to be kept 28\n\nSchedule 2 — Requirements for contents of approved forms\n\n1. Form of referral to Commission 29\n\n2. Form of statement of service 29\n\n3. Form for lodgment of order or determination of arbitrator 29\n\n4. Form for lodgment of EEA for registration 30\n\n5. Form of employer’s statement 30\n\n6. Form of employee’s statement 31\n\n7. Form for lodgment of revised EEA under section 97VE of the Act 32\n\n8. Form for lodgment of revised EEA under section 97VO of the Act 32\n\nSchedule 3 — Model EEA dispute provisions\n\nDivision 1 — Model provisions where —\n\n the Commission is not the arbitrator of disputes; and\n\n the employee is not a represented person\n\nSubdivision 1 — Preliminary\n\n1. Definitions 33\n\n2. Joint arbitrations not affected 33\n\n3. *Commercial Arbitration Act 2012* not applicable 33\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute 34\n\n5. Withdrawal of notice 34\n\n6. Parties must try to settle dispute 34\n\n7. Settlement agreement 34\n\nSubdivision 3 — Appointment of arbitrator\n\n8. Arbitrator specified 35\n\n9. Appointment by agreement 35\n\n10. Default appointment 36\n\n11. Appointment of substitute arbitrator 37\n\nSubdivision 4 — Referral for arbitration\n\n12. Referral available only if there is an arbitrator 38\n\n13. Joint referral at any time 38\n\n14. Referral to arbitration within 42 days after notice given 38\n\n15. How referral made 38\n\nSubdivision 5 — Arbitration proceedings\n\n16. Hearings 39\n\n17. Proceedings to be informal and speedy 39\n\n18. Absence of party 39\n\n19. General power of arbitrator as to proceedings 39\n\nSubdivision 6 — Costs of arbitration\n\n20. Arbitrator’s services 40\n\n21. Costs of representation 40\n\nDivision 2 — Model provisions where —\n\n the Commission is not the arbitrator of disputes; and\n\n the employee is a represented person\n\nSubdivision 1 — Preliminary\n\n1. Definitions 41\n\n2. Joint arbitrations not affected 41\n\n3. *Commercial Arbitration Act 2012* not applicable 41\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute 41\n\n5. Withdrawal of notice 42\n\n6. Parties must try to settle dispute 42\n\n7. Settlement agreement 42\n\nSubdivision 3 — Appointment of arbitrator\n\n8. Named arbitrator 43\n\n9. Appointment by agreement 43\n\n10. Default appointment 44\n\n11. Appointment of substitute arbitrator 45\n\nSubdivision 4 — Referral for arbitration\n\n12. Referral available only if there is an arbitrator 46\n\n13. Joint referral at any time 46\n\n14. Referral to arbitration within 42 days after notice given 46\n\n15. How referral made 46\n\nSubdivision 5 — Arbitration proceedings\n\n16. Hearings 47\n\n17. Proceedings to be informal and speedy 47\n\n18. Absence of party 47\n\n19. General power of arbitrator as to proceedings 47\n\nSubdivision 6 — Costs of arbitration\n\n20. Arbitrator’s services 48\n\n21. Costs of representation 48\n\nDivision 3 — Model provisions where —\n\n the Commission is the arbitrator of disputes; and\n\n the employee is not a represented person\n\nSubdivision 1 — Preliminary\n\n1. Definitions 49\n\n2. Joint arbitrations not affected 49\n\n3. *Commercial Arbitration Act 2012* not applicable 49\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute 49\n\n5. Withdrawal of notice 49\n\n6. Parties must try to settle dispute 50\n\n7. Settlement agreement 50\n\nSubdivision 3 — Referral for arbitration\n\n8. Joint referral at any time 50\n\n9. Referral to arbitration within 42 days after notice given 51\n\n10. How referral to be made 51\n\nSubdivision 4 — Arbitration proceedings\n\n11. Hearings 51\n\n12. Proceedings to be informal and speedy 52\n\n13. Absence of party 52\n\n14. General powers as to proceedings 52\n\nDivision 4 — Model provisions where —\n\n the Commission is the arbitrator of disputes; and\n\n the employee is a represented person\n\nSubdivision 1 — Preliminary\n\n1. Definitions 53\n\n2. Joint arbitrations not affected 53\n\n3. *Commercial Arbitration Act 2012* not applicable 53\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute 53\n\n5. Withdrawal of notice 54\n\n6. Parties must try to settle dispute 54\n\n7. Settlement agreement 54\n\nSubdivision 3 — Referral for arbitration\n\n8. Joint referral at any time 55\n\n9. Referral to arbitration within 42 days after notice given 55\n\n10. How referral to be made 55\n\nSubdivision 4 — Arbitration proceedings\n\n11. Hearings 56\n\n12. Proceedings to be informal and speedy 56\n\n13. Absence of party 56\n\n14. General powers as to proceedings 56\n\nNotes\n\nCompilation table 58\n\nDefined terms\n\n  \n\nWestern Australia\n\nIndustrial Relations Act 1979\n\nIndustrial Relations (Employer-employee Agreements) Regulations 2002\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations may be cited as the *Industrial Relations (Employer-employee Agreements) Regulations 2002*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which section 4 of the *Labour Relations Reform Act 2002* comes into operation.\n\n## Part 2 — Definition of “relevant order”\n\n##### 3. Definitions\n\nIn this Part —\n\nGeneral Order in regulation 4(2) means a General Order made under section 50 of the Act as the Order is amended from time to time;\n\nprescribed means prescribed for the purposes of the definition of “relevant order” in section 97VR of the Act.\n\n##### 4. Orders prescribed for definition of “relevant order”\n\n(1) A General Order made under section 51 of the Act, as amended from time to time, adjusting the rates of wages paid to employees under awards is prescribed in the case of any employee.\n\n(2) Each of the following General Orders is prescribed in the case of an employee to whom the order would apply in the event of the EEA concerned not taking effect —\n\n(a) the General Order relating to long service leave —\n\n(i) made by the Commission on 27 January 1978; and\n\n(ii) published in the *Industrial Gazette* on 22 February 1978 at page 120,\n\nand the Schedule attached to that order published in the *Industrial Gazette* on 25 January 1978 at pages 1 to 6;\n\n(b) the General Order relating to location allowances in private awards —\n\n(i) made by the Commission on 21 June 2002; and\n\n(ii) published in the *Industrial Gazette* on 24 July 2002 at pages 1185 to 1188***;***\n\n(c) the General Order relating to State Government wages employees’ long service leave conditions —\n\n(i) made by the Commission on 16 December 1985; and\n\n(ii) published in the *Industrial Gazette* on 26 March 1986 at pages 319 to 321***;***\n\n(d) the General Order relating to location allowances in Government awards —\n\n(i) made by the Commission on 16 April 1991; and\n\n(ii) published in the *Industrial Gazette* on 28 August 1991 at pages 2007 to 2009***;***\n\n(e) the Western Australian Government Employees Redeployment, Retraining and Redundancy General Order —\n\n(i) made by the Commission on 12 November 1993; and\n\n(ii) published in the *Industrial Gazette* on 23 March 1994 at pages 552 to 556***.***\n\n(3) A General Order referred to in subregulation (1) or (2) is prescribed to the extent that it is in force at the time when —\n\n(a) the employer gives documents to the employee for the purposes of section 97UG of the Act; or\n\n(b) a determination is required to be made for the purposes of section 97VS(4) or (5) of the Act,\n\nas the case may require.\n\n## Part 3 — Disputes\n\n### Division 1 — Requirements for EEA dispute provisions\n\n##### 5. Purpose of this Division\n\nThis Division specifies —\n\n(a) for the purposes of section 97UO(2)(b) of the Act, certain steps that are to be part of all EEA dispute provisions; and\n\n(b) for the purposes of section 97UO(2)(c) of the Act, the time limits that such provisions may allow for taking certain steps.\n\n##### 6. Definitions\n\n(1) In this Division —\n\ndispute means a question, dispute or difficulty that arises out of or in the course of employment under an EEA.\n\n(2) If an employee is a represented person, references in this Division to “employee” and “party” include the employee’s representative.\n\n##### 7. Notice of dispute\n\nAll EEA dispute provisions must provide to the effect that, if an employer or an employee considers that a dispute has arisen, he or she may give notice in writing to the other party —\n\n(a) stating that fact; and\n\n(b) setting out a brief description of the dispute.\n\n##### 8. Settlement agreement\n\nAll EEA dispute provisions must provide to the effect that if —\n\n(a) notice of a dispute is given by an employer or an employee; and\n\n(b) the employer and employee settle the dispute by agreement,\n\nthe terms of the settlement must be recorded in a written agreement that is signed by both parties.\n\n##### 9. Notice of proposed arbitrator\n\n(1) This regulation applies to EEA dispute provisions that do not name or designate an arbitrator to whom a dispute is to be referred.\n\n(2) All such provisions must provide to the effect that, if notice of a dispute is given under a provision of the kind described in regulation 7, the employer or the employee may give notice in writing to the other party (notice of a proposed arbitrator) setting out —\n\n(a) the name of a person that he or she wishes to act; or\n\n(b) the names of several persons one of whom he or she wishes to act,\n\nas arbitrator of the dispute.\n\n(3) The provisions must also indicate that if —\n\n(a) notice of a proposed arbitrator is given under a provision of the kind described in subregulation (2); and\n\n(b) the employer and the employee have not agreed on the person who is to act as arbitrator within 7 days after the day on which the notice is given,\n\nprovisions of the kind described in regulations 13(1) and 14(a) will apply to enable a default appointment to be made.\n\n##### 10. Notice of proposed arbitrator where specified arbitrator not available\n\n(1) This regulation applies to EEA dispute provisions that name or designate an arbitrator to whom a dispute is to be referred.\n\n(2) All such provisions must provide to the effect if —\n\n(a) notice of a dispute is given under a provision of the kind described in regulation 7; and\n\n(b) no named or designated arbitrator is available and willing to act,\n\nthe employer or the employee may give notice in writing to the other party (notice of a proposed arbitrator**)** setting out —\n\n(c) the name of a person that he or she wishes to act; or\n\n(d) the names of several persons one of whom he or she wishes to act,\n\nas arbitrator of the dispute.\n\n(3) The provisions must also indicate that if —\n\n(a) notice of a proposed arbitrator is given under a provision of the kind described in subregulation (2); and\n\n(b) the employer and the employee have not agreed on the person who is to act as arbitrator within 7 days after the day on which the notice is given,\n\nprovisions of the kind described in regulations 13(2) and 14(a) will apply to enable a default appointment to be made.\n\n##### 11. Notice of a proposed arbitrator may be given once only\n\nAll EEA dispute provisions must provide to the effect that after a notice of a proposed arbitrator has been given in relation to a dispute —\n\n(a) the provision for the giving of such a notice ceases to apply to that dispute; and\n\n(b) neither party can give another notice of a proposed arbitrator.\n\n##### 12. Referral of dispute for arbitration\n\n(1) All EEA dispute provisions must provide to the effect that the parties may at any time jointly refer a dispute to an arbitrator under the EEA dispute provisions if they have made a genuine attempt to settle the dispute but have failed to do so.\n\n(2) All EEA dispute provisions must provide to the effect that either party may refer a dispute to an arbitrator under the EEA dispute provisions if —\n\n(a) it is not settled by agreement; and\n\n(b) the terms of the settlement are not recorded in a written agreement that is signed by both parties,\n\nwithin 42 days from the day on which notice of the dispute was given under a provision of the kind described in regulation 7.\n\n##### 13. Default appointment\n\n(1) All EEA dispute provisions that do not name or designate an arbitrator to whom a dispute is to be referred must make provision for —\n\n(a) the appointment of an arbitrator of a dispute; or\n\n(b) a means of having an arbitrator appointed,\n\n(“**a default appointment**”) in the event that the employer and the employee cannot agree on the person who is to act.\n\n(2) All EEA dispute provisions that name or designate an arbitrator to whom a dispute is to be referred must make provision for —\n\n(a) the appointment of an arbitrator of a dispute; or\n\n(b) a means of having an arbitrator appointed,\n\n(“**a** **default appointment**”) in the event that no arbitrator named or designated in the EEA dispute provisions is available and willing to act.\n\n##### 14. Time for making default appointment\n\nAll EEA dispute provisions must provide to the effect that a default appointment is to be made if the parties have not agreed on the person who is to act as arbitrator at the expiration of —\n\n(a) 7 days after a notice of the kind described in regulation 9 or 10 was given in respect of the dispute; or\n\n(b) 42 days from the day on which notice of the dispute was given under a provision of the kind described in regulation 7,\n\nwhichever is the sooner.\n\n### Division 2 — Referral for arbitration by Commission\n\n[Heading amended: SL 2025/12 r. 4.]\n\n#### Subdivision 1 — Preliminary\n\n##### 15. Purpose of this Division\n\nThis Division makes provision for —\n\n(a) the referral of a dispute for arbitration by the Commission constituted by a commissioner under an EEA dispute provision of the kind mentioned in section 97UP of the Act; and\n\n(b) certain related matters.\n\n[Regulation 15 amended: SL 2025/12 r. 5.]\n\n##### 16. Definitions\n\nIn this Division —\n\nagent means —\n\n(a) a bargaining agent; or\n\n(b) a legal practitioner;\n\ndispute means a question, dispute or difficulty that arises out of or in the course of employment under an EEA;\n\nparty means the employer or the employee under the EEA concerned, and includes the representative of an employee who is a represented person;\n\nreferral  means a referral under regulation 25.\n\n#### Subdivision 2 — Filing of documents\n\n##### 17. Application\n\nThis Subdivision applies to the filing of a form of referral or other document mentioned in this Division.\n\n##### 18. Presentation at office\n\nA document may be presented at the office of the Registrar between 8.00 a.m. and 5.00 p.m. on a day on which the office is open to the public for the transaction of business.\n\n##### 19. Registered post\n\n(1) A document may be sent by registered post addressed to the office of the Registrar.\n\n(2) If so sent, the document is to be treated as having been lodged on the day on which the posted article would have been delivered in the ordinary course of delivery of registered post.\n\n##### 20. Facsimile transmission\n\n(1) A document may be sent by transmission to a facsimile number used by the office of the Registrar accompanied by a cover sheet showing —\n\n(a) the name, address and telephone number of the sender; and\n\n(b) the number of pages sent, including the cover sheet.\n\n(2) If so sent, the document is to be treated as having been filed —\n\n(a) on the day of transmission, if —\n\n(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and\n\n(ii) the document is generated by 5.00 p.m. on that day on a facsimile machine in the office of the Registrar;\n\nor\n\n(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.\n\n(3) Subregulation (2) does not apply if the Registrar is of the opinion that —\n\n(a) the whole of every document was not received; or\n\n(b) any part of a document is not legible.\n\n##### 21. Electronic data transmission\n\n(1) A document may be sent to the office of the Registrar by electronic data transmission in accordance with Schedule 1 and the provisions of that Schedule apply in respect of a document so sent.\n\n(2) A document so sent is to be treated as having been filed —\n\n(a) on the day of sending, if —\n\n(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and\n\n(ii) by 5.00 p.m. on that day the document becomes capable of being printed as mentioned in Schedule 1 clause 1(d);\n\nor\n\n(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.\n\n##### 22. Agent may act for a party\n\n(1) A form of referral or other document referred to in this Division may be signed and filed or lodged by an agent on behalf of a party.\n\n(2) A document filed or lodged by an agent is to be —\n\n(a) filed or lodged in the name of the party; and\n\n(b) endorsed with the name of the agent and the fact that the agent is acting on behalf of the party.\n\n##### 23. General requirements for documents\n\n(1) A document may be excluded from filing if it —\n\n(a) is not in the form required by this Division;\n\n(b) is not legible in whole or in part; or\n\n(c) is incomplete.\n\n(2) Subregulation (1) is not limited by regulation 19(2), 20(2) or 21(2).\n\n##### 24. Register\n\n(1) The Registrar is to keep a register of referrals.\n\n(2) Entries in the records kept for a referral are to be entered together and kept separate from entries that relate to any other referral.\n\n#### Subdivision 3 — Referral for arbitration\n\n##### 25. How referral made\n\n(1) A referral of a dispute for arbitration by the Commission constituted by a commissioner under an EEA dispute provision of the kind mentioned in section 97UP of the Act is to be made by filing in the office of the Registrar —\n\n(a) a referral in the form approved by the Registrar for the purposes of this regulation; and\n\n(b) a copy of the EEA.\n\n(2) The approved form of referral is to be in accordance with Schedule 2 clause 1.\n\n(3) A referral may be made by one of the parties or by the parties jointly.\n\n(4) Without limiting regulation 22(1), a form of referral is to be signed by the referring party or parties.\n\n(5) If the form of referral is signed by a person, other than an agent, on behalf of an employer that is a firm or body corporate the capacity in which the person signs is to be shown.\n\n[Regulation 25 amended: SL 2025/12 r. 6.]\n\n##### 26. Service of form of referral\n\n(1) If a referral is made by one party the Registrar is to serve on the other party a copy of the form of referral stamped by the Registrar.\n\n(2) When a form of referral is filed by a party in accordance with regulation 18 or 19(1) the copy required for service under subregulation (1) is to be lodged at the same time.\n\n##### 27. Answer\n\nWhere one party makes a referral the other party must within 21 days of being served with the form of referral —\n\n(a) file a notice setting out particulars of the party’s answer; and\n\n(b) serve a copy of the notice on the other party.\n\n#### Subdivision 4 — Other provisions as to service\n\n##### 28. Service by electronic means\n\n(1) A form of referral or other document relating to an arbitration under this Division may be served on a person —\n\n(a) by sending it by facsimile transmission to a facsimile number provided by the person accompanied by a cover sheet showing —\n\n(i) the name and address of the sender; and\n\n(ii) the number of pages sent including the cover sheet;\n\nor\n\n(b) by sending it by electronic mail —\n\n(i) to an address provided by the person; and\n\n(ii) in an electronic format that enables it to be printed by the person.\n\n(2) A document sent in accordance with this regulation, is taken to have been served at the time when it was sent.\n\n(3) This regulation is in addition to the provisions as to the service of documents in sections 75 and 76 of the *Interpretation Act 1984.*\n\n##### 29. Service on agent\n\n(1) A person who is —\n\n(a) a party; or\n\n(b) the agent of a party,\n\nmay give written notice to the Registrar and the other party stating that the agent whose name and other particulars are specified in the notice is authorised to accept service on behalf of the party.\n\n(2) If such a notice is given service of a document relating to the arbitration may be effected on the agent.\n\n##### 30. Proof of service\n\n(1) Proof of service of a document relating to an arbitration is to be given by a statement in the form approved by the Registrar for the purposes of this regulation.\n\n(2) The approved form is to be in accordance with Schedule 2 clause 2.\n\n(3) The statement of service is to be filed within 7 days of the day on which service was effected unless the hearing day is within that time, in which case the form is to be filed before or on the hearing day.\n\n#### Subdivision 5 — General\n\n##### 31. Application for and notice of hearing\n\n(1) When all preliminary procedures have been completed, a party to a referral may file in the office of the Registrar an application to the Commission for a time and place to be fixed for the arbitration hearing.\n\n(2) On the making of such an application the Commission is to —\n\n(a) fix a time and place for the hearing; and\n\n(b) give each party at least 7 days’ notice of that time and place.\n\n(3) Despite subregulation (1) —\n\n(a) a party may lodge an application under that subregulation if the other party has failed to file and serve a notice under regulation 27; and\n\n(b) a time and place for the hearing may be fixed by the Commission on its own initiative if the Commission considers it appropriate in the circumstances of the case to do so.\n\n[Regulation 31 amended: SL 2025/12 r. 9.]\n\n##### 32. Access to order and determinations\n\nEvery order or determination made by the Commission for the purposes of an arbitration to which this Division applies —\n\n(a) is to be sealed with the seal of the Commission;\n\n(b) is to be deposited in the office of the Registrar in a sealed envelope; and\n\n(c) is not to be open to inspection by any person other than —\n\n(i) a party concerned in the arbitration; or\n\n(ii) a person who obtains the approval of the Commission to inspect the order or determination.\n\n[Regulation 32 amended: SL 2025/12 r. 9.]\n\n### Division 3 — Other provisions relating to disputes\n\n##### 33. Model EEA dispute provisions\n\n(1) The model EEA dispute provisions referred to in this regulation are prescribed for the purposes of section 97UN(4) of the Act.\n\n(2) The model provisions set out in Schedule 3 Division 1 are prescribed for cases where —\n\n(a) under the EEA dispute provisions the Commission is not the arbitrator of disputes; and\n\n(b) the employee under the EEA is not a represented person.\n\n(3) The model provisions set out in Schedule 3 Division 2 are prescribed for cases where —\n\n(a) under the EEA dispute provisions the Commission is not the arbitrator of disputes; and\n\n(b) the employee under the EEA is a represented person.\n\n(4) The model provisions set out in Schedule 3 Division 3 are prescribed for cases where —\n\n(a) under the EEA dispute provisions the Commission is the arbitrator of disputes; and\n\n(b) the employee under the EEA is not a represented person.\n\n(5) The model provisions set out in Schedule 3 Division 4 are prescribed for cases where —\n\n(a) under the EEA dispute provisions the Commission is the arbitrator of disputes; and\n\n(b) the employee under the EEA is a represented person.\n\n(6) In this regulation and Schedule 3, a reference to the Commission is a reference to the Commission constituted by a commissioner.\n\n[Regulation 33 amended: SL 2025/12 r. 7 and 9.]\n\n##### 34. Limit on arbitration costs to be borne by employee\n\n(1) This regulation applies to a provision of EEA dispute provisions that —\n\n(a) provides for; or\n\n(b) confers a power to determine,\n\nhow the costs of an arbitration are to be borne.\n\n(2) The provision cannot have effect, or the power cannot be exercised, so as to result in the employee being liable for more than —\n\n(a) one half of the costs of an arbitration; or\n\n(b) the maximum amount,\n\nwhichever is the lesser.\n\n(3) In this regulation —\n\ncosts of an arbitration does not include any cost relating to the representation of a party in arbitration proceedings;\n\nmaximum amount means the amount for all employees average weekly total earnings in Western Australia last published by the Australian Statistician before the day on which the relevant dispute was referred to the arbitrator.\n\n##### 35. Lodgment by arbitrator of order or determination\n\n(1) This regulation applies where, under section 97WP(2), a party has requested an arbitrator to lodge a copy of an order or determination with the Commission.\n\n(2) The arbitrator must lodge —\n\n(a) a signed copy of the order or determination in the office of the Registrar; and\n\n(b) a duly completed lodgment form as approved by the Registrar for the purposes of this regulation.\n\n(3) The approved lodgment form is to be in accordance with Schedule 2 clause 3.\n\n(4) The provisions of Part 5 Division 2 apply to the lodgment of documents under this regulation in the same way as they apply to the lodgment of an EEA under that Part.\n\n##### 36. Failure of arbitrator to lodge order or determination\n\n(1) This regulation applies if the arbitrator who made an order or determination —\n\n(a) has died;\n\n(b) is incapable of complying with subsection (2) of section 97WP of the Act; or\n\n(c) fails for any other reason to comply with that subsection.\n\n(2) A party may lodge a copy of the order or determination with the Commission accompanied by a duly completed lodgment form as approved by the Registrar for the purposes of regulation 35.\n\n(3) An order or determination lodged under subregulation (2) is to be taken to have been duly lodged for the purposes of section 97WP(2) of the Act.\n\n## Part 4 — Countersigning of EEA made with minor\n\n##### 37. Purpose of this Part\n\nThis Part makes provision to enable an EEA referred to in section 97UM(1) of the Act to be countersigned if it is not countersigned by any legal guardian of the employee.\n\n##### 38. Definitions\n\nIn this Part —\n\ncountersign means sign the EEA after it has been signed by the employee, as mentioned in section 97UM(2) of the Act;\n\nlegal guardian means a person who is legally responsible for the day to day care and welfare of the employee, as mentioned in section 97UM(2)(a) of the Act;\n\nrelative means —\n\n(a) a person who has at least one parent in common with the employee;\n\n(b) a grandparent;\n\n(c) an uncle or aunt.\n\n[Regulation 38 amended: Gazette 30 Jun 2003 p. 2608.]\n\n##### 39. Classes prescribed\n\nThe classes of persons who may act for the purposes of section 97UM(2)(b) of the Act are those who have reached the age of 18 years and —\n\n(a) are relatives of; or\n\n(b) have a close personal relationship with,\n\nthe employee.\n\n##### 40. Circumstances prescribed\n\nThe circumstances in which a person who belongs to a class referred to in regulation 39 may countersign an EEA are —\n\n(a) where there is for the time being no legal guardian of the employee;\n\n(b) where the legal guardian cannot, after reasonable enquiry, be found or contacted;\n\n(c) where the legal guardian has agreed that his or her distance from the place of residence of the employee makes it impractical for him or her to act under section 97UM(2) of the Act;\n\n(d) where the legal guardian has unreasonably refused —\n\n(i) to act under section 97UM(2); or\n\n(ii) to countersign the EEA;\n\nor\n\n(e) where the legal guardian is physically or mentally incapable of acting under section 97UM(2).\n\n## Part 5 — Lodgment of EEAs for registration\n\n### Division 1 — Requirements for lodgment\n\n##### 41. This Part to be complied with\n\nA party to an EEA who wishes to lodge the EEA with the Registrar under section 97UY(1) of the Act must do so in accordance with this Part.\n\n##### 42. Registrar to approve forms\n\nThe Registrar is to approve —\n\n(a) a lodgment form in accordance with Schedule 2 clause 4;\n\n(b) a form of employer’s statement in accordance with Schedule 2 clause 5;\n\n(c) a form of employee’s statement in accordance with Schedule 2 clause 6 for cases where the employee is not a represented person; and\n\n(d) a form of employee’s statement in accordance with Schedule 2 clause 6 for cases where the employee is a represented person.\n\n##### 43. Lodgment by employer\n\n(1) If the lodging party is the employer he or she must lodge in the office of the Registrar —\n\n(a) the lodgment form accompanied by a signed copy of the EEA; and\n\n(b) the employer’s statement.\n\n(2) The employer may, when lodging the documents under subregulation (1), also lodge the employee’s statement, but if he or she does not do so the employee must lodge the employee’s statement not later than the end of the period that applies in respect of the EEA under section 97UY(2) of the Act.\n\n##### 44. Lodgment by employee\n\n(1) If the lodging party is the employee he or she must lodge in the office of the Registrar —\n\n(a) the lodgment form accompanied by a signed copy of the EEA; and\n\n(b) the employee’s statement.\n\n(2) The employee may, when lodging the documents under subregulation (1), also lodge the employer’s statement, but if he or she does not do so the employer must lodge the employer’s statement not later than the end of the period that applies in respect of the EEA under section 97UY(2) of the Act.\n\n##### 45. Lodgment of revised EEA\n\n(1) This regulation applies where the parties wish to lodge a revised EEA —\n\n(a) with the Registrar under section 97VE of the Act; or\n\n(b) with the Commission under section 97VO of the Act.\n\n(2) The parties must lodge in the office of the Registrar the relevant lodgment form referred to in subregulation (3) accompanied by a signed copy of the revised EEA.\n\n(3) The Registrar is to approve —\n\n(a) a lodgment form in accordance with Schedule 2 clause 7 for the purposes of section 97VE of the Act; and\n\n(b) a lodgment form in accordance with Schedule 2 clause 8 for the purposes of section 97VO of the Act.\n\n[Regulation 45 amended: SL 2025/12 r. 9.]\n\n##### 46. Other requirements\n\nThe Registrar or the Commission may refuse to accept an EEA or a revised EEA for lodgment if it or any accompanying form —\n\n(a) is not clearly written or typed on one side only of the page; or\n\n(b) is not in the English language.\n\n[Regulation 46 amended: SL 2025/12 r. 9.]\n\n##### 47. Extension of time if office of Registrar closed\n\n(1) If the office of the Registrar is not open to the public for the transaction of business on the last day for lodgment, an EEA or revised EEA is taken to be lodged within the allowed period if —\n\n(a) it is lodged; or\n\n(b) it is treated under Division 2 as being lodged,\n\non the first day after that day on which the office is open to the public for the transaction of business.\n\n(2) In subregulation (1) —\n\nlast day for lodgment means —\n\n(a) in the case of an EEA, the last day on which it may be lodged under section 97UY(2) of the Act; and\n\n(b) in the case of a revised EEA, the last day on which it may be lodged in accordance with a notice under section 97VD(2)(b) or section 97VN(2)(b) of the Act.\n\n### Division 2 — Methods of lodgment\n\n##### 48. Application of this Division\n\n(1) This Division applies to the lodgment of the documents referred to in regulations 43, 44 and 45.\n\n(2) Nothing in regulation 50(2), 51(2) or 52(2) is to be read as limiting section 97UY(3) of the Act.\n\n##### 49. Presentation at office\n\nThe documents may be presented at the office of the Registrar between 8.00 a.m. and 5.00 p.m. on a day on which the office is open to the public for the transaction of business.\n\n##### 50. Registered post\n\n(1) The documents may be sent by registered post addressed to the office of the Registrar.\n\n(2) If so sent, the documents are to be treated as having been lodged on the day on which the posted article would have been delivered in the ordinary course of delivery of registered post.\n\n##### 51. Facsimile transmission\n\n(1) The documents may be sent by transmission to a facsimile number used by the office of the Registrar accompanied by a cover sheet showing —\n\n(a) the name, address and telephone number of the sender; and\n\n(b) the number of pages sent, including the cover sheet.\n\n(2) If so sent, the documents are to be treated as having been lodged —\n\n(a) on the day of transmission, if —\n\n(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and\n\n(ii) every document sent is generated by 5.00 p.m. on that day on a facsimile machine in the office of the Registrar;\n\nor\n\n(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.\n\n(3) Subregulation (2) does not apply if the Registrar is of the opinion that —\n\n(a) the whole of every document was not received; or\n\n(b) any part of a document is not legible.\n\n##### 52. Electronic data transmission\n\n(1) The documents may be sent to the office of the Registrar by electronic data transmission in accordance with Schedule 1 and the provisions of that Schedule apply in respect of a document so sent.\n\n(2) If so sent, the documents are to be treated as having been lodged —\n\n(a) on the day of sending, if —\n\n(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and\n\n(ii) by 5.00 p.m. on that day the documents become capable of being printed as mentioned in Schedule 1 clause 1(d);\n\nor\n\n(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.\n\n## Part 6 — Section 97XT of the Act: restrictions on inspection of register\n\n##### 53. Registrar to be satisfied of reason for inspection\n\nBefore the Registrar allows a person to inspect the register kept under section 97XT of the Act he or she must be satisfied that the person has a good and sufficient reason for doing so.\n\n##### 54. Protected information\n\n(1) Section 97XT(4) does not include the inspection of protected information that is recorded in the register kept under that section.\n\n(2) In subregulation (1) —\n\nprotected information means —\n\n(a) the address of a person who is or has been a represented person or a representative;\n\n(b) a certificate referred to in section 97WW(3) of the Act; and\n\n(c) any information relating to the disability, medical condition or medical history of a person who is or has been a represented person.\n\nSchedule 1 — Filing or lodgment of documents by electronic data transmission\n\n[r. 21, 52]\n\n1. Requirements for electronic data transmission\n\nA document may be sent to the office of the Registrar by electronic data transmission if —\n\n(a) it is sent —\n\n(i) to an email address approved by the Registrar; or\n\n(ii) in the case of a document in an existing proceeding, it is sent to an email address approved by the Registrar for that proceeding;\n\n(b) it is in an electronic format approved by the Registrar for the acceptance of electronic documents at the office of the Registrar;\n\n(c) to the extent practicable, it is in a form that complies with regulation 46;\n\n(d) it is capable of being printed in the office of the Registrar in its entirety, including any signatures; and\n\n(e) it is accompanied by a cover sheet, clearly stating —\n\n(i) the sender’s name, postal address and telephone number;\n\n(ii) if applicable, the sender’s document exchange number, facsimile number and email address; and\n\n(iii) the processing of the document required.\n\n2. Documents required for service\n\n(1) If a document is required to be stamped for service by a party, and it is accepted at the office of the Registrar, the Registrar must —\n\n(a) make one copy of the document for that purpose;\n\n(b) if the sender requests that the document be held for collection, hold it for collection for 7 days; and\n\n(c) if the sender does not request the document to be held for collection, or having made a request does not collect the document within 7 days, return the document by sending it —\n\n(i) by electronic data transmission to the email address stated on the cover sheet; or\n\n(ii) if there is no email address stated, to the postal address stated on the cover sheet.\n\n(2) If more than one copy is required for issue, the sender of the document must send, or ask the Registrar to make, any additional copies required.\n\n3. Paper copy of document to be kept\n\n(1) A person who sends a document to the office of the Registrar by electronic data transmission must —\n\n(a) keep a paper copy of the document; and\n\n(b) produce the paper copy of the document as directed by the Registrar.\n\n(2) If the Registrar directs that the paper copy of the document be produced, the first page must be endorsed with —\n\n(a) a statement that the paper copy is a true copy of the document sent by electronic data transmission; and\n\n(b) the date that the document was sent by electronic data transmission.\n\nSchedule 2 — Requirements for contents of approved forms\n\n[r. 25(2), 30(2), 35(3), 42, 45]\n\n1. Form of referral to Commission\n\nThe form of referral under regulation 25(1) is to provide for —\n\n(a) a referral to be made by one of the parties or by the parties jointly; and\n\n(b) the giving of information as to —\n\n(i) the provision or provisions of the EEA under which the dispute has arisen; and\n\n(ii) the nature of the dispute.\n\n2. Form of statement of service\n\nThe form of statement of service under regulation 30 is to provide for the giving of information as to —\n\n(a) the name of the party or agent served;\n\n(b) the method of service; and\n\n(c) as the case may require —\n\n(i) the postal address, email address or facsimile number to which the document was sent; or\n\n(ii) the place at which service was effected.\n\n3. Form for lodgment of order or determination of arbitrator\n\nThe lodgment form under regulation 35 is to provide for —\n\n(a) the lodgment of a signed copy of the order or determination;\n\n(b) the giving of information to identify the employer, the employee and the arbitrator;\n\n(c) if regulation 36 applies, the reason why the order or determination is not lodged by the arbitrator.\n\n4. Form for lodgment of EEA for registration\n\nThe lodgment form under regulation 42(a) is to provide for —\n\n(a) the lodgment of a signed copy of the EEA; and\n\n(b) the date of execution of the EEA to be stated.\n\n5. Form of employer’s statement\n\n(1) The form of employer’s statement under regulation 42(b) is to comply with this clause.\n\n(2) The form is to provide for the giving of information relating to —\n\n(a) the employer;\n\n(b) the employer’s business;\n\n(c) the employee; and\n\n(d) the employee’s conditions of employment,\n\nso far as the information is relevant to the registration of the EEA, including without limitation the determination of the question whether the EEA passes the no‑disadvantage test.\n\n(3) The form is to require the employer to make statements in relation to him or her to the effect set out in Schedule 4 clause 1(1)(g), (h), (i), (j) and (k) of the Act.\n\n(4) The form is to require the employer —\n\n(a) to specify what documents, or where permitted summaries of documents, were given for the purposes of section 97UG(1) of the Act; and\n\n(b) to state that section 97UG(4) of the Act was complied with.\n\n(5) The form is to provide for the employer to give information to show that the EEA satisfies Schedule 4 clause 1(1)(a) and (b) of the Act.\n\n(6) The form is to provide for the employer —\n\n(a) to specify any award or relevant order that was applied for the purposes of the no‑disadvantage test; and\n\n(b) to identify any application made by the employer under section 97VT of the Act.\n\n(7) The form is to provide for information to be given in relation to any bargaining agent of the employer.\n\n(8) The form may provide for the giving of other information relevant to the registration of the EEA, including without limitation the determination of the question whether the EEA passes the no‑disadvantage test.\n\n6. Form of employee’s statement\n\n(1) The form of employee’s statement under regulation 42(c) or 42(d) is to comply with this clause.\n\n(2) The form is to provide for the giving of information relating to —\n\n(a) the employee;\n\n(b) the employee’s conditions of employment; and\n\n(c) in the case of the form under regulation 42(d), the representative,\n\nso far as the information is relevant to the registration of the EEA, including without limitation the determination of the question whether the EEA passes the no‑disadvantage test.\n\n(3) The form is to require —\n\n(a) the employee to make a statement in relation to him or her to the effect set out in Schedule 4 clause 1(1)(g), (h), (i), (j) and (k) of the Act; or\n\n(b) in the case of the form under regulation 42(d), the representative to make any such statement so far as is required for the purposes of Schedule 4 of the Act.\n\n(4) The form is to require the employee or, in the case of the form under regulation 42(d), the representative —\n\n(a) to specify what documents, or where permitted summaries of documents, were given for the purposes of section 97UG(1) of the Act;\n\n(b) to state that section 97UG(4) of the Act was complied with; and\n\n(c) to show whether section 97UM of the Act applies to the EEA and if so that the EEA satisfies Schedule 4 clause 1(1)(c) of the Act.\n\n(5) The form is to provide for information to be given in relation to any bargaining agent of the employee.\n\n(6) The form may provide for the giving of other information relevant to the registration of the EEA, including without limitation the determination of the question whether the EEA passes the no‑disadvantage test.\n\n7. Form for lodgment of revised EEA under section 97VE of the Act\n\nThe lodgment form under regulation 45(3)(a) is to provide for —\n\n(a) the lodgment of a signed copy of the revised EEA by the parties;\n\n(b) the date of execution of the revised EEA to be stated;\n\n(c) the notice given by the Registrar under section 97VD to be identified; and\n\n(d) a statement of the manner in which the revised EEA differs from the original EEA.\n\n8. Form for lodgment of revised EEA under section 97VO of the Act\n\nThe lodgment form under regulation 45(3)(b) is to provide for —\n\n(a) the lodgment of a signed copy of the revised EEA by the parties;\n\n(b) the date of execution of the revised EEA to be stated;\n\n(c) the notice given by the Commission under section 97VN to be identified; and\n\n(d) a statement of the manner in which the revised EEA differs from the EEA to which the appeal relates.\n\n[Clause 8 amended: SL 2025/12 r. 9.]\n\nSchedule 3 — Model EEA dispute provisions\n\n[r. 33, 41]\n\nDivision 1 — Model provisions where —\n\n- the Commission is not the arbitrator of disputes; and\n- the employee is not a represented person\n\n\n[Heading amended: SL 2025/12 r. 9.]\n\nNote for this Division:\n\nPart VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.\n\nSubdivision 1 — Preliminary\n\n1. Definitions\n\nIn these provisions —\n\ndispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;\n\ndispute notice means a notice under clause 4;\n\nnotice of a proposed arbitrator means a notice under clause 9(2).\n\n2. Joint arbitrations not affected\n\nThese provisions, or any agreement or referral made under these provisions, do not affect section 97WL of the Act (which relates to 2 or more employees of the same employer agreeing to their disputes being dealt with in one arbitration).\n\n3. *Commercial Arbitration Act 2012* not applicable\n\nThe *Commercial Arbitration Act 2012* does not apply to the arbitration of a dispute.\n\n[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute\n\nIf the employer or the employee considers that a dispute has arisen, he or she may give a written notice to the other party —\n\n(a) stating that fact; and\n\n(b) setting out a brief description of the dispute.\n\n5. Withdrawal of notice\n\nThe employer or the employee may at any time withdraw a dispute notice by giving written notice of the withdrawal —\n\n(a) to the other party; and\n\n(b) if the dispute has been referred for arbitration, to the arbitrator.\n\n6. Parties must try to settle dispute\n\n(1) If a dispute notice has been given, the employer and the employee must confer together and make a genuine attempt to settle the dispute within the period of 42 days from the day on which the dispute notice was given.\n\n(2) Initially this may be done by discussion between the employee and the employee’s immediate supervisor.\n\n(3) However —\n\n(a) if the dispute is not settled in those discussions; and\n\n(b) there is a person in a management position above the immediate supervisor,\n\nthat person must have discussions with the employee and they must attempt to settle the dispute.\n\n7. Settlement agreement\n\nIf —\n\n(a) a dispute notice has been given; and\n\n(b) the parties settle the dispute by agreement,\n\nthe terms of the settlement must be recorded in a written agreement that is signed by both parties.\n\nSubdivision 3 — Appointment of arbitrator\n\n8. Arbitrator specified\n\nThe arbitrator of any dispute is to be\n\n................................................................................................................\n\n…............................................................................................................  \n(*insert name, address and occupation of arbitrator*)\n\nor if he or she is for any cause unable to act the arbitrator is to be\n\n................................................................................................................\n\n................................................................................................................  \n(*insert name, address and occupation of alternative arbitrator*)\n\nNote for this clause:\n\nInstead of a named person, the holder of a designated office could be inserted.\n\n9. Appointment by agreement\n\n(1) This clause only applies if the EEA does not name or designate any arbitrator of disputes.\n\n(2) If a dispute notice has been given, the employer or the employee may give to the other party notice of a proposed arbitrator.\n\n(3) Once a notice of a proposed arbitrator has been given in relation to a dispute, subclause (2) ceases to apply to that dispute so that neither party can give another notice under that subclause.\n\n(4) Except where subclause (5)(b) applies, the parties must agree on and appoint an arbitrator within 7 days after the notice of a proposed arbitrator was given.\n\n(5) If notice of a proposed arbitrator —\n\n(a) has not been given; or\n\n(b) has been given later than 35 days after the dispute notice was given,\n\nthe parties must agree on and appoint an arbitrator within 42 days after the dispute notice was given.\n\n(6) A notice under subclause (2) may either —\n\n(a) name a person that the party wishes to act; or\n\n(b) give the names of several persons one of whom the party wishes to act,\n\nas arbitrator of the dispute.\n\n10. Default appointment\n\n(1) If this subclause applies, the arbitrator is to be a person appointed by\n\n….........................................................................................................  \n(*designate an independent office‑holder*)\n\nNote for this subclause:\n\nFor example, the designated office‑holder could be the chairperson for the time being of the Western Australian Chapter of the Institute of Arbitrators and Mediators of Australia.\n\n(2) Subclause (1) applies if the employer and the employee have not appointed an arbitrator within 7 days after notice of a proposed arbitrator has been given.\n\n(3) Subclause (1) also applies if —\n\n(a) notice of a proposed arbitrator —\n\n(i) has not been given; or\n\n(ii) has been given later than 35 days after the dispute notice was given;\n\nand\n\n(b) the employer and the employee have not appointed an arbitrator within 42 days after the dispute notice was given.\n\n(4) Subclause (1) also applies if —\n\n(a) the arbitrator of disputes is named or designated in these provisions; but\n\n(b) at the end of the 42nd day after the dispute notice was given no arbitrator so named or designated is available and willing to act.\n\n(5) Subclause (1) also applies if —\n\n(a) a dispute has been referred for arbitration;\n\n(b) the arbitrator dies or becomes incapable of conducting the arbitration; and\n\n(c) the employer and the employee have not agreed on and made a new appointment as provided by clause 11(3).\n\n(6) If an arbitrator appointed under subclause (1), before he or she enters the arbitration —\n\n(a) dies;\n\n(b) becomes incapable of conducting the arbitration; or\n\n(c) is unavailable or unwilling to act,\n\na further appointment is to be made under that subclause.\n\n11. Appointment of substitute arbitrator\n\n(1) This clause applies if —\n\n(a) a dispute has been referred for arbitration; and\n\n(b) an arbitrator —\n\n(i) named or designated in these provisions; or\n\n(ii) appointed by the parties,\n\nbefore he or she has entered on the arbitration —\n\n(iii) dies;\n\n(iv) becomes incapable of conducting the arbitration; or\n\n(v) is unavailable or unwilling to act.\n\n(2) This clause also applies if —\n\n(a) a dispute has been referred for arbitration; and\n\n(b) after the arbitrator has entered on the arbitration, he or she dies or becomes incapable of completing the arbitration.\n\n(3) The employer and the employee may, within 14 days after they have both received notice of the death or other occurrence mentioned in subclause (1)(b), agree on who is to act as the new arbitrator of the dispute and make an appointment accordingly.\n\n(4) On the appointment of a new arbitrator under this clause in place of an arbitrator who has entered on the arbitration, the new arbitrator is to enter on the arbitration afresh except to the extent that the parties agree otherwise.\n\nSubdivision 4 — Referral for arbitration\n\n12. Referral available only if there is an arbitrator\n\nA dispute may be referred for arbitration only if —\n\n(a) an arbitrator named or designated in these provisions is available and willing to act; or\n\n(b) an arbitrator has been appointed under clause 9 or 10.\n\n13. Joint referral at any time\n\nThe employer and the employee may at any time jointly refer a dispute for arbitration if they have made a genuine attempt to settle it but have failed to do so.\n\n14. Referral to arbitration within 42 days after notice given\n\nEither the employer or the employee may refer a dispute for arbitration if —\n\n(a) it is not settled by agreement; and\n\n(b) the terms of the settlement are not recorded as required by clause 7,\n\nwithin 42 days from the day on which the dispute notice was given.\n\n15. How referral made\n\n(1) A dispute is referred for arbitration by the giving of notice in writing to the arbitrator that the dispute is referred.\n\n(2) A notice under subclause (1) must —\n\n(a) state the nature of the dispute; and\n\n(b) be accompanied by a copy of the EEA.\n\n(3) If the referral is made by one of the parties, the referring party must give a copy of the notice to the other party.\n\nSubdivision 5 — Arbitration proceedings\n\nNote for this Subdivision:\n\nPowers are also conferred on an arbitrator by section 97WM of the Act.\n\n16. Hearings\n\n(1) An arbitration hearing is to be in private.\n\n(2) An arbitrator may give directions as to the persons who may be present at a hearing.\n\n(3) An arbitrator may determine that a hearing is to be conducted by —\n\n(a) telephone;\n\n(b) closed circuit television; or\n\n(c) any other means of communication.\n\n17. Proceedings to be informal and speedy\n\nAn arbitrator —\n\n(a) is not bound by technicalities, legal forms or rules of evidence; and\n\n(b) must act as speedily as the proper consideration of the dispute allows.\n\n18. Absence of party\n\nAn arbitrator may hear and determine a dispute in the absence of a party who has been given notice of the hearing.\n\n19. General power of arbitrator as to proceedings\n\nSubject to these provisions, an arbitrator may —\n\n(a) give directions as to any matter of procedure;\n\n(b) give any direction that in his opinion may assist in clarifying the issues in dispute between the parties; and\n\n(c) otherwise conduct proceedings in such manner as he or she thinks fit.\n\nSubdivision 6 — Costs of arbitration\n\n20. Arbitrator’s services\n\n(1) The cost of the services of an arbitrator is to be borne —\n\n(a) by the employee, as to —\n\n(i) one half; or\n\n(ii) the maximum amount,\n\nwhichever is the lesser; and\n\n(b) as to the balance, by the employer.\n\n(2) In this clause —\n\nmaximum amount means the amount for all employees average weekly total earnings in Western Australia last published by the Australian Statistician before the day on which the dispute was referred to the arbitrator.\n\nNote for this clause:\n\nThis clause would not apply where, under section 97WL of the Act 2 or more employees are involved in an arbitration.\n\n21. Costs of representation\n\nAn employer or an employee is to bear his or her own costs of representation in arbitration proceedings.\n\nDivision 2 — Model provisions where —\n\n- the Commission is not the arbitrator of disputes; and\n- the employee is a represented person\n\n\n[Heading amended: SL 2025/12 r. 9.]\n\nNote for this Division:\n\nPart VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.\n\nSubdivision 1 — Preliminary\n\n1. Definitions\n\nIn these provisions —\n\ndispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;\n\ndispute notice means a notice under clause 4;\n\nparty includes a representative where the context so requires;\n\nnotice of a proposed arbitrator means a notice under clause 9(2).\n\n2. Joint arbitrations not affected\n\nThese provisions, or any agreement or referral made under these provisions, do not affect section 97WL of the Act (which relates to 2 or more employees of the same employer agreeing to their disputes being dealt with in one arbitration).\n\n3. *Commercial Arbitration Act 2012* not applicable\n\nThe *Commercial Arbitration Act 2012* does not apply to the arbitration of a dispute.\n\n[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute\n\nIf the employer, the employee or the representative considers that a dispute has arisen, he or she may give a written notice —\n\n(a) stating that fact; and\n\n(b) setting out a brief description of the dispute,\n\nto the employee and his or her representative or to the employer, as the case may require.\n\n5. Withdrawal of notice\n\n(1) A dispute notice may be withdrawn at any time by the giving of written notice of withdrawal —\n\n(a) to each person to whom the dispute notice was given; and\n\n(b) if the dispute has been referred for arbitration, to the arbitrator.\n\n(2) A notice of withdrawal is to be given by the person who gave the notice of dispute, but if it was given by the employee any notice of withdrawal is to be given by the representative.\n\n6. Parties must try to settle dispute\n\n(1) If a dispute notice has been given, the employer, the employee and the representative must confer together and make a genuine attempt to settle the dispute within the period of 42 days from the day on which the dispute notice was given.\n\n(2) Initially this may be done by discussion between the employee, the representative and the employee’s immediate supervisor.\n\n(3) However —\n\n(a) if the dispute is not settled in those discussions; and\n\n(b) there is a person in a management position above the immediate supervisor,\n\nthat person must have discussions with the employee and the representative and they must attempt to settle the dispute.\n\n7. Settlement agreement\n\nIf —\n\n(a) a dispute notice has been given; and\n\n(b) the employer, the employee and the representative settle the dispute by agreement,\n\nthe terms of the settlement must be recorded in a written agreement that is signed by the employer and the representative.\n\nSubdivision 3 — Appointment of arbitrator\n\n8. Named arbitrator\n\nThe arbitrator of any dispute is to be\n\n................................................................................................................\n\n…............................................................................................................  \n(*insert name, address and occupation of arbitrator*)\n\nor if he or she is for any cause unable to act the arbitrator is to be\n\n................................................................................................................\n\n................................................................................................................  \n(*insert name, address and occupation of alternative arbitrator*)\n\nNote for this clause:\n\nInstead of a named person, the holder of a designated office could be inserted.\n\n9. Appointment by agreement\n\n(1) This clause only applies if the EEA does not name or designate any arbitrator of disputes.\n\n(2) If a dispute notice has been given, the employer or the representative may give to the other party notice of a proposed arbitrator.\n\n(3) Once a notice of a proposed arbitrator has been given in relation to a dispute, subclause (2) ceases to apply to that dispute so that neither the employer nor the representative can give another notice under that subclause.\n\n(4) Except where subclause (5)(b) applies, the employer and the representative must agree on and appoint an arbitrator within 7 days after the notice of a proposed arbitrator was given.\n\n(5) If notice of a proposed arbitrator —\n\n(a) has not been given; or\n\n(b) has been given later than 35 days after the dispute notice was given,\n\nthe employer and the representative must agree on and appoint an arbitrator within 42 days after the dispute notice was given.\n\n(6) A notice under subclause (2) may either —\n\n(a) name a person that the party wishes to act; or\n\n(b) give the names of several persons one of whom the party wishes to act,\n\nas arbitrator of the dispute.\n\n10. Default appointment\n\n(1) If this subclause applies, the arbitrator is to be a person appointed by\n\n….........................................................................................................  \n(*designate an independent office‑holder*)\n\nNote for this subclause:\n\nFor example, the designated office‑holder could be the chairperson for the time being of the Western Australian Chapter of the Institute of Arbitrators and Mediators of Australia.\n\n(2) Subclause (1) applies if the employer and the representative have not appointed an arbitrator within 7 days after notice of a proposed arbitrator has been given.\n\n(3) Subclause (1) also applies if —\n\n(a) notice of a proposed arbitrator —\n\n(i) has not been given; or\n\n(ii) has been given later than 35 days after the dispute notice was given;\n\nand\n\n(b) the employer and the representative have not appointed an arbitrator within 42 days after the dispute notice was given.\n\n(4) Subclause (1) also applies if —\n\n(a) the arbitrator of disputes is named or designated in these provisions; but\n\n(b) at the end of the 42nd day after the dispute notice was given no arbitrator so named or designated is available and willing to act.\n\n(5) Subclause (1) also applies if —\n\n(a) a dispute has been referred for arbitration;\n\n(b) the arbitrator dies or becomes incapable of conducting the arbitration; and\n\n(c) the employer and the representative have not agreed on and made a new appointment as provided by clause 11(3).\n\n(6) If an arbitrator appointed under subclause (1), before he or she enters the arbitration —\n\n(a) dies;\n\n(b) becomes incapable of conducting the arbitration; or\n\n(c) is unavailable or unwilling to act,\n\na further appointment is to be made under that subclause.\n\n11. Appointment of substitute arbitrator\n\n(1) This clause applies if —\n\n(a) a dispute has been referred for arbitration; and\n\n(b) an arbitrator —\n\n(i) named or designated in these provisions; or\n\n(ii) appointed by the parties,\n\nbefore he or she has entered on the arbitration —\n\n(iii) dies;\n\n(iv) becomes incapable of conducting the arbitration; or\n\n(v) is unavailable or unwilling to act.\n\n(2) This clause also applies if —\n\n(a) a dispute has been referred for arbitration; and\n\n(b) after the arbitrator has entered on the arbitration, he or she dies or becomes incapable of completing the arbitration.\n\n(3) The employer and the representative may, within 14 days after they have both received notice of the death or other occurrence mentioned in subclause (b), agree on who is to act as the new arbitrator of the dispute and make an appointment accordingly.\n\n(4) On the appointment of a new arbitrator under this clause in place of an arbitrator who has entered on the arbitration, the new arbitrator is to enter on the arbitration afresh except to the extent that the parties agree otherwise.\n\nSubdivision 4 — Referral for arbitration\n\n12. Referral available only if there is an arbitrator\n\nA dispute may be referred for arbitration only if —\n\n(a) an arbitrator named or designated in these provisions is available and willing to act; or\n\n(b) an arbitrator has been appointed under clause 9 or 10.\n\n13. Joint referral at any time\n\nThe employer and the representative may at any time jointly refer a dispute for arbitration if they have made a genuine attempt to settle it but have failed to do so.\n\n14. Referral to arbitration within 42 days after notice given\n\nEither the employer or the representative may refer a dispute for arbitration if —\n\n(a) it is not settled by agreement; and\n\n(b) the terms of the settlement are not recorded as required by clause 7,\n\nwithin 42 days from the day on which the dispute notice was given.\n\n15. How referral made\n\n(1) A dispute is referred for arbitration by the giving of notice in writing to the arbitrator that the dispute is referred.\n\n(2) A notice under subclause (1) must —\n\n(a) state the nature of the dispute; and\n\n(b) be accompanied by a copy of the EEA.\n\n(3) If the referral is made by one of the parties, the referring party must give a copy of the notice to the employer or the representative, as the case may be.\n\nSubdivision 5 — Arbitration proceedings\n\nNote for this Subdivision:\n\nPowers are also conferred on an arbitrator by section 97WM of the Act.\n\n16. Hearings\n\n(1) An arbitration hearing is to be in private.\n\n(2) An arbitrator may give directions as to the persons who may be present at a hearing.\n\n(3) An arbitrator may determine that a hearing is to be conducted by —\n\n(a) telephone;\n\n(b) closed circuit television; or\n\n(c) any other means of communication.\n\n17. Proceedings to be informal and speedy\n\nAn arbitrator —\n\n(a) is not bound by technicalities, legal forms or rules of evidence; and\n\n(b) must act as speedily as the proper consideration of the dispute allows.\n\n18. Absence of party\n\nAn arbitrator may hear and determine a dispute in the absence of the employer, the employee or the representative if he or she has been given notice of the hearing.\n\n19. General power of arbitrator as to proceedings\n\nSubject to these provisions, an arbitrator may —\n\n(a) give directions as to any matter of procedure;\n\n(b) give any direction that in his opinion may assist in clarifying the issues in dispute between the parties; and\n\n(c) otherwise conduct proceedings in such manner as he or she thinks fit.\n\nSubdivision 6 — Costs of arbitration\n\n20. Arbitrator’s services\n\n(1) The cost of the services of an arbitrator is to be borne —\n\n(a) by the representative, as to —\n\n(i) one half; or\n\n(ii) the maximum amount,\n\nwhichever is the lesser; and\n\n(b) as to the balance, by the employer.\n\n(2) In this clause —\n\nmaximum amount means the amount for all employees average weekly total earnings in Western Australia last published by the Australian Statistician before the day on which the dispute was referred to the arbitrator.\n\nNote: This clause would not apply where, under section 97WL of the Act 2 or more employees are involved in an arbitration.\n\n21. Costs of representation\n\nAn employer, an employee or a representative is to bear his or her own costs of representation in arbitration proceedings.\n\nDivision 3 — Model provisions where —\n\n- the Commission is the arbitrator of disputes; and\n- the employee is not a represented person\n\n\n[Heading amended: SL 2025/12 r. 9.]\n\nNote for this Division:\n\nPart VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.\n\nSubdivision 1 — Preliminary\n\n1. Definitions\n\nIn these provisions —\n\ndispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;\n\ndispute notice means a notice under clause 4.\n\n[Clause 1 amended: SL 2025/12 r. 8(1) and (2).]\n\n2. Joint arbitrations not affected\n\nThese provisions, or any agreement or referral made under these provisions, do not affect section 97WL of the Act (which relates to 2 or more employees of the same employer agreeing to their disputes being dealt with in one arbitration).\n\n3. *Commercial Arbitration Act 2012* not applicable\n\nThe *Commercial Arbitration Act 2012* does not apply to the arbitration of a dispute.\n\n[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute\n\nIf the employer or the employee considers that a dispute has arisen, he or she may give a written notice to the other party —\n\n(a) stating that fact; and\n\n(b) setting out a brief description of the dispute.\n\n5. Withdrawal of notice\n\nThe employer or the employee may at any time withdraw a dispute notice by giving written notice of the withdrawal —\n\n(a) to the other party; and\n\n(b) if the dispute has been referred for arbitration, to the Commission.\n\n[Clause 5 amended: SL 2025/12 r. 9.]\n\n6. Parties must try to settle dispute\n\n(1) If a dispute notice has been given, the employer and the employee must confer together and make a genuine attempt to settle the dispute within the period of 42 days from the day on which the dispute notice was given.\n\n(2) Initially this may be done by discussion between the employee and the employee’s immediate supervisor.\n\n(3) However —\n\n(a) if the dispute is not settled in those discussions; and\n\n(b) there is a person in a management position above the immediate supervisor,\n\nthat person must have discussions with the employee and they must attempt to settle the dispute.\n\n7. Settlement agreement\n\nIf —\n\n(a) a dispute notice has been given; and\n\n(b) the parties settle the dispute by agreement,\n\nthe terms of the settlement must be recorded in a written agreement that is signed by both parties.\n\nSubdivision 3 — Referral for arbitration\n\n8. Joint referral at any time\n\nThe employer and the employee may at any time jointly refer a dispute for arbitration by the Commission if they have made a genuine attempt to settle it but have failed to do so.\n\n[Clause 8 amended: SL 2025/12 r. 9.]\n\n9. Referral to arbitration within 42 days after notice given\n\nEither the employer or the employee may refer a dispute for arbitration by the Commission if —\n\n(a) it is not settled by agreement; and\n\n(b) the terms of the settlement are not recorded as required by clause 7,\n\nwithin 42 days from the day on which the dispute notice was given.\n\n[Clause 9 amended: SL 2025/12 r. 9.]\n\n10. How referral to be made\n\nA referral is to be made in accordance with regulation 25 of the *Industrial Relations (Employer‑employee Agreements) Regulations 2002*.\n\nSubdivision 4 — Arbitration proceedings\n\nNote for this Subdivision:\n\nPowers are also conferred on the Commission by section 97WM of the Act.\n\n[Note amended: SL 2025/12 r. 9.]\n\n11. Hearings\n\n(1) An arbitration hearing is to be in private.\n\n(2) The Commission may give directions as to the persons who may be present at a hearing.\n\n(3) The Commission may determine that a hearing is to be conducted by —\n\n(a) telephone;\n\n(b) closed circuit television; or\n\n(c) any other means of communication.\n\n[Clause 11 amended: SL 2025/12 r. 9.]\n\n12. Proceedings to be informal and speedy\n\nThe Commission —\n\n(a) is not bound by technicalities, legal forms or rules of evidence; and\n\n(b) must act as speedily as the proper consideration of the dispute allows.\n\n[Clause 12 amended: SL 2025/12 r. 9.]\n\n13. Absence of party\n\nThe Commission may hear and determine a dispute in the absence of a party who has been given notice of the hearing.\n\n[Clause 13 amended: SL 2025/12 r. 9.]\n\n14. General powers as to proceedings\n\n(1) The Commission may —\n\n(a) give directions as to any matter of procedure;\n\n(b) give any direction that in the opinion of the Commission may assist in clarifying the issues in dispute between the parties; and\n\n(c) otherwise conduct proceedings in such manner as the Commission thinks fit.\n\n(2) Subclause (1) is subject to —\n\n(a) these provisions; and\n\n(b) Part 3 Division 2 of the *Industrial Relations (Employer‑employee Agreements) Regulations 2002.*\n\n[Clause 14 amended: SL 2025/12 r. 8(3) and 9.]\n\nDivision 4 — Model provisions where —\n\n- the Commission is the arbitrator of disputes; and\n- the employee is a represented person\n\n\n[Heading amended: SL 2025/12 r. 9.]\n\nNote for this Division:\n\nPart VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.\n\nSubdivision 1 — Preliminary\n\n1. Definitions\n\nIn these provisions —\n\ndispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;\n\ndispute notice means a notice under clause 4.\n\n[Clause 1 amended: SL 2025/12 r. 8(4) and (5).]\n\n2. Joint arbitrations not affected\n\nThese provisions, or any agreement or referral made under these provisions, do not affect section 97WL of the Act (which relates to 2 or more employees of the same employer agreeing to their disputes being dealt with in one arbitration).\n\n3. *Commercial Arbitration Act 2012* not applicable\n\nThe *Commercial Arbitration Act 2012* does not apply to the arbitration of a dispute.\n\n[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]\n\nSubdivision 2 — Notice of dispute, and duty to attempt settlement\n\n4. Notice of dispute\n\nIf the employer, the employee or the representative considers that a dispute has arisen, he or she may give a written notice to the other party —\n\n(a) stating that fact; and\n\n(b) setting out a brief description of the dispute,\n\nto the employee and his or her representative or to the employer, as the case may require.\n\n5. Withdrawal of notice\n\n(1) A dispute notice may be withdrawn at any time by the giving of written notice of withdrawal —\n\n(a) to each person to whom the dispute notice was given; and\n\n(b) if the dispute has been referred for arbitration, to the Commission.\n\n(2) A notice of withdrawal is to be given by the person who gave the dispute notice, but if it was given by the employee any notice of withdrawal is to be given by the representative.\n\n[Clause 5 amended: SL 2025/12 r. 9.]\n\n6. Parties must try to settle dispute\n\n(1) If a dispute notice has been given, the employer, the employee and the representative must confer together and make a genuine attempt to settle the dispute within the period of 42 days from the day on which the dispute notice was given.\n\n(2) Initially this may be done by discussion between the employee, the representative and the employee’s immediate supervisor.\n\n(3) However —\n\n(a) if the dispute is not settled in those discussions; and\n\n(b) there is a person in a management position above the immediate supervisor,\n\nthat person must have discussions with the employee and the representative and they must attempt to settle the dispute.\n\n7. Settlement agreement\n\nIf —\n\n(a) a dispute notice has been given; and\n\n(b) the employer, the employee and the representative settle the dispute by agreement,\n\nthe terms of the settlement must be recorded in a written agreement that is signed by the employer and the representative.\n\nSubdivision 3 — Referral for arbitration\n\n8. Joint referral at any time\n\nThe employer and the representative may at any time jointly refer a dispute for arbitration by the Commission if they have made a genuine attempt to settle it but have failed to do so.\n\n[Clause 8 amended: SL 2025/12 r. 9.]\n\n9. Referral to arbitration within 42 days after notice given\n\nEither the employer or the representative may refer a dispute for arbitration by the Commission if —\n\n(a) it is not settled by agreement; and\n\n(b) the terms of the settlement are not recorded as required by clause 7,\n\nwithin 42 days from the day on which the dispute notice was given.\n\n[Clause 9 amended: SL 2025/12 r. 9.]\n\n10. How referral to be made\n\nA referral is to be made in accordance with regulation 25 of the *Industrial Relations (Employer‑employee Agreements) Regulations 2002*.\n\nSubdivision 4 — Arbitration proceedings\n\nNote for this Subdivision:\n\nPowers are also conferred on the Commission by section 97WM of the Act.\n\n[Note amended: SL 2025/12 r. 9.]\n\n11. Hearings\n\n(1) An arbitration hearing is to be in private.\n\n(2) The Commission may give directions as to the persons who may be present at a hearing.\n\n(3) The Commission may determine that a hearing is to be conducted by —\n\n(a) telephone;\n\n(b) closed circuit television; or\n\n(c) any other means of communication.\n\n[Clause 11 amended: SL 2025/12 r. 9.]\n\n12. Proceedings to be informal and speedy\n\nThe Commission —\n\n(a) is not bound by technicalities, legal forms or rules of evidence; and\n\n(b) must act as speedily as the proper consideration of the dispute allows.\n\n[Clause 12 amended: SL 2025/12 r. 9.]\n\n13. Absence of party\n\nThe Commission may hear and determine a dispute in the absence of a party who has been given notice of the hearing.\n\n[Clause 13 amended: SL 2025/12 r. 9.]\n\n14. General powers as to proceedings\n\n(1) The Commission may —\n\n(a) give directions as to any matter of procedure;\n\n(b) give any direction that in the opinion of the Commission may assist in clarifying the issues in dispute between the parties; and\n\n(c) otherwise conduct proceedings in such manner as the Commission thinks fit.\n\n(2) Subclause (1) is subject to —\n\n(a) these provisions; and\n\n(b) Part 3 Division 2 of the *Industrial Relations (Employer‑employee Agreements) Regulations 2002.*\n\n[Clause 14 amended: SL 2025/12 r. 8(6) and 9.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Industrial Relations (Employer-employee Agreements) Regulations 2002* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Industrial Relations (Employer-employee Agreements) Regulations 2002* | 6 Sep 2002 p. 4525-90 | 15 Sep 2002 (see r. 2 and *Gazette* 6 Sep 2002 p. 4487) |\n| *Equality of Status Subsidiary Legislation Amendment Regulations 2003* Pt. 18 | 30 Jun 2003 p. 2581-638 | 1 Jul 2003 (see r. 2 and *Gazette* 30 Jun 2003 p. 2579) |\n| *Industrial Relations (Employer‑employee Agreements) Amendment Regulations 2013* | 19 Jul 2013 p. 3266‑7 | r. 1 and 2: 19 Jul 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 7 Aug 2013 (see r. 2(b) and *Gazette* 6 Aug 2013 p. 3677) |\n| *Industrial Relations Regulations Amendment Regulations (No. 2) 2025* Pt. 2 | SL 2025/12 22 Jan 2025 | 23 Jan 2025 (see r. 2(b)) |\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\nagent 16\n\ncosts of an arbitration 34(3)\n\ncountersign 38\n\ndispute 6(1), 16, Sch. 3 Div. 1 cl. 1, Div. 2 cl. 1, Div. 3 cl. 1 and Div. 4 cl. 1\n\ndispute notice Sch. 3 Div. 1 cl. 1, Div. 2 cl. 1, Div. 3 cl. 1 and Div. 4 cl. 1\n\nGeneral Order 3\n\nlast day for lodgment 47(2)\n\nlegal guardian 38\n\nmaximum amount 34(3), Sch. 3 Div. 1 cl. 20(2) and Div. 2 cl. 20(2)\n\nnotice of a proposed arbitrator 9(2), 10(2), Sch. 3 Div. 1 cl. 1 and Div. 2 cl. 1\n\nparty 16, Sch. 3 cl. 1\n\nprescribed 3\n\nprotected information 54(2)\n\nreferral 16\n\nrelative 38\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for analysis. The source URL returned a page unavailability notice rather than the text of the Industrial Relations (Employer-employee Agreements) Regulations 2002."},"complexity_factors":["No legislative content was retrieved — only an error/redirect page was provided","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects the simplicity of the error message itself, not the underlying legislation"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the *Industrial Relations (Employer-employee Agreements) Regulations 2002* (a Western Australian regulation) is no longer available on the Western Australian legislation website. The URL has changed due to system and security upgrades, and only a 'page not found' message was returned instead of actual legal text.\n\n**What this means for you:** It is not possible to analyse this regulation based on the content provided. If you need to review this legislation, you should:\n- Visit the Western Australian legislation website (legislation.wa.gov.au) and search for the regulation by name\n- Contact the Parliamentary Counsel's Office Helpdesk directly\n- Try searching via the SLI (State Law Publisher) or an authoritative legal database such as AustLII"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as procedural and administrative support for the EEA regime established by the Industrial Relations Act 1979. The 2025 amendments (SL 2025/12) update specific procedures for Commission arbitration but do not expand the regulations into new substantive areas beyond their original purpose of governing EEAs, their registration, and dispute resolution."},"complexity_factors":["Extensive cross-referencing to the Industrial Relations Act 1979 (e.g., sections 97UG, 97UM, 97UO, 97UP, 97VE, 97VO, 97VR, 97VS, 97VT, 97WL, 97WM, 97WP, 97XT, 97WW, Schedule 4)","Four parallel but distinct sets of model dispute provisions in Schedule 3 (Divisions 1-4) depending on whether the Commission is the arbitrator and whether the employee is represented, with subtle but important variations in each","Multiple methods of document lodgment with conditional timing rules (presentation, registered post, fax, electronic transmission) and specific cut-off times (5:00 p.m.)","Nested conditional logic for default appointments of arbitrators (regulations 9-14 and Schedule 3 clauses 9-10) with multiple triggering events and timeframes (7 days vs 42 days)","27 defined terms across the instrument, including complex definitions like 'maximum amount' which references external statistical data (Australian Statistician's average weekly earnings)","Detailed form requirements in Schedule 2 with specific information fields for employer and employee statements","Amendment history showing evolution of the instrument (e.g., Commercial Arbitration Act 2012 references replacing earlier legislation, 2025 amendments updating Commission procedures)"],"plain_english_summary":"These regulations set out the practical rules for how **Employer-employee Agreements (EEAs)** work in Western Australia. An EEA is a type of individual workplace contract between an employer and an employee.\n\n**What this legislation does:**\n\n*   **Sets up dispute resolution procedures** — It requires every EEA to include rules for handling disagreements. These rules must cover: giving written notice of a dispute, trying to settle it within 42 days, and if that fails, referring it to an arbitrator (an independent decision-maker). The regulations provide four different \"model\" dispute procedures depending on whether the employee has a representative (like a union official) and whether the Industrial Relations Commission or a private arbitrator handles the dispute.\n\n*   **Limits costs for employees** — An employee cannot be forced to pay more than half the arbitrator's fees, and there's a cap based on average weekly earnings. Employees always pay their own legal representation costs.\n\n*   **Specifies how documents are filed** — It details how parties can lodge agreements or refer disputes to the Commission: in person, by registered post, fax, or electronically. It also sets out what forms must be used.\n\n*   **Protects young workers** — It allows certain adults (relatives or close friends) to countersign an EEA for a minor (someone under 18) if their legal guardian is unavailable, unreasonably refuses, or is incapable of signing.\n\n*   **Defines \"relevant orders\"** — It lists specific Commission orders (like those about long service leave or location allowances) that must be considered when checking if an EEA leaves the employee worse off than they would be under an award (the \"no-disadvantage test\").\n\n*   **Restricts access to records** — It limits who can inspect the register of EEAs and protects sensitive information like medical details or addresses of represented persons.\n\n**Who it affects:**\n\n*   Employers and employees in Western Australia who enter into individual workplace agreements (EEAs).\n*   The Western Australian Industrial Relations Commission and its Registrar.\n*   Arbitrators appointed to resolve EEA disputes.\n\n**Why it matters:**\n\nThese regulations provide the operational backbone for individual workplace agreements in WA. They ensure disputes have a clear path to resolution, protect employees from excessive arbitration costs, and establish safeguards for vulnerable workers like minors. Without these rules, EEAs would lack enforceable mechanisms for resolving conflicts or ensuring fair treatment."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Amendments recorded in the compilation (electronic filing rules, expanded Commission referral procedures, updated model provisions and privacy protections) add procedural detail and administrative mechanisms but do not materially broaden the substantive reach of the Regulations. The instrument continues to focus on implementing the Act’s EEA framework (dispute procedure, lodgment/registration mechanics, countersigning minors, and register access) rather than creating new substantive entitlements. The changes increase operational complexity and administrative discretion but do not change the core subject‑matter or intended regulatory scope."},"complexity_factors":["Extensive text: 6 Parts, multiple Divisions and Subdivisions plus 3 Schedules containing detailed model clauses","Large number of cross‑references to the Industrial Relations Act 1979 (e.g. sections 97UO, 97UG, 97UP, 97WP, 97XT)","Multiple defined terms (≈20) used across Parts and Schedules with slightly different local definitions (e.g. \"dispute\", \"party\", \"agent\", \"maximum amount\")","Conditional timelines and nested time limits (7 days for arbitrator appointment, 42 days for referral, 21 days to answer, 7 days for service statements)","Several alternative procedural routes and exceptions (Commission vs private arbitrator; represented vs unrepresented employee; named arbitrator vs appointment by agreement)","Detailed procedural rules for multiple lodgment and service methods (in person, registered post, fax, electronic) including technical electronic filing requirements (Schedule 1)","Templates and prescribed form content requirements (Schedule 2) that force conformity across varied factual situations","Confidentiality and register access controls with discretionary gatekeeping by the Registrar (regs 32, 53–54)","Cost allocation rules with caps tied to statistical data (employee share cap linked to average weekly earnings), requiring external reference and calculation (reg 34; Sch 3)"],"plain_english_summary":"**What these regulations do (simple view)**\n\n- These Regulations set out the detailed procedural rules for employer‑employee agreements (EEAs) under the Industrial Relations Act 1979 (Western Australia). They do not re‑state the Act’s substantive standards (for example the \"no‑disadvantage\" test) but prescribe how parties must operate to make an EEA effective, to deal with disputes, to lodge and register agreements, and to control access to the register.\n\n**Who is affected**\n\n- Employers who enter EEAs with employees.\n- Employees who enter EEAs (including minors and represented employees).\n- Agents, legal practitioners, arbitrators and the Commission and its Registrar (who administer lodgment, referrals and hearings).\n\n**Key mechanics (how it works, with section pointers)**\n\n- Definition of relevant fallback orders: the Regulations identify which General Orders count as the \"relevant order\" for no‑agreement fallbacks (Part 2, regs 3–4).\n\n- Dispute procedures that must appear in every EEA: all EEAs must include a written notice‑of‑dispute step, require attempts at settlement, record any settlement in writing, allow notice of a proposed arbitrator, provide for a default appointment mechanism and set time limits (notably 7 days for proposed arbitrator agreement and 42 days for referral) (Part 3 Division 1: regs 5–14; model clauses in Schedule 3).\n\n- Referral to the Industrial Relations Commission: the Regulations prescribe how to refer a dispute to the Commission where an EEA provides for that (filing, service, answers, hearing notices, confidentiality of Commission determinations) and keep a register of referrals (Part 3 Division 2, regs 15–32; Schedule 2 forms).\n\n- Model dispute provisions: four sets of model clauses are supplied (Schedule 3) to cover whether the Commission or a private arbitrator is used and whether the employee is represented. These cover notice, appointment, proceedings, substitution of arbitrators, hearing formality and costs.\n\n- Limits on employee liability for arbitration costs: an employee cannot be made to pay more than half the arbitrator’s cost or an annual‑earnings based cap — whichever is lower (reg 34 and corresponding model clauses in Schedule 3).\n\n- Countersigning EEAs involving minors: the Regulations prescribe who may countersign for a minor where a legal guardian cannot (Part 4, regs 37–40).\n\n- Lodgment and registration formalities: who must lodge which forms, what the Registrar must approve, methods of lodgment (in person, registered post, fax, or electronic transmission) and strict form and language requirements (Part 5, regs 41–52; Schedule 1 and Schedule 2 with required form contents).\n\n- Access controls and protected information: the Registrar must be satisfied a person has a good reason to inspect the EEA register and certain personal information (addresses of represented persons, medical details, certain certificates) is protected from inspection (Part 6, regs 53–54).\n\n**Official purpose‑claims and how the Regulations implement them**\n\n- Officially, the Regulations aim to produce predictable, enforceable procedures for EEAs: they do this by prescribing required dispute steps (regs 7–14), model clauses (Sch 3), and uniform filing and lodgment formats (Part 5; Sch 2).\n\n- Implementation trade‑offs and costs:\n  - Compliance burden: employers and employees must complete approved forms, keep and produce documents in set formats (Sch 1 cl 3; Sch 2), and comply with specific timelines (regs 12, 14, 27). That creates administrative work for both parties and for the Registrar.\n  - Financial incentives: costs of arbitration are allocated so employees are capped in exposure (reg 34; Sch 3 cl 20), which reduces employees’ financial risk of accessing arbitration but shifts the remainder to employers; parties still bear their own representation costs (Sch 3 cl 21 and equivalents).\n  - Bureaucratic discretion and implementation risk: the Registrar has discretion to refuse documents that are not clearly written, not in English, or otherwise non‑compliant (reg 46); the Registrar also controls electronic filing standards and inspection approvals (regs 21; 53), concentrating administrative decision‑making in the registry.\n  - Substitution effects: the Regulations preserve parties’ freedom to choose private arbitrators or Commission arbitration (Sch 3 divisions) but set identical procedural backstops (notice, times, default appointment), so parties may choose the forum for reasons of cost, speed or perceived neutrality.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: employers bear the balance of arbitrator fees (participant cap applies to employee) and both sides bear their own representation costs (reg 34; Sch 3 cl 20–21).\n- Who decides: parties must follow the EEA’s dispute clause; if they cannot agree on an arbitrator, the Regulations provide default appointment routes (regs 13–14; Sch 3 cl 10). The Registrar and the Commission decide administrative matters (filing, hearing scheduling, access to records) (regs 22–32, 31, 53).\n- Behavioural effects: parties will be incentivised to include clear dispute terms (so they control arbitrator selection), to attempt early settlement within the 42‑day window (regs 6, 12), and to comply with prescribed lodgment formats to preserve rights to registration and Commission processes.\n\n**Concentrated benefits and diffuse costs (mechanisms, not claims)**\n\n- Concentrated benefits: parties that understand and structure EEAs efficiently (large employers, those with legal advisors) gain predictability and control over dispute forum and procedures (Sch 3; regs 9–14).\n- Diffuse costs: smaller employers and unrepresented employees face paperwork, time and possible filing technicalities (Part 5; Sch 1 & 2) and may be less able to navigate defaults or Registrar discretion.\n\n**Implementation risks and unintended consequences to watch for**\n\n- Procedural non‑compliance can delay or invalidate lodgment (reg 46, reg 23).\n- Registry discretion over inspection (reg 53) and over electronic formats (Sch 1) creates operational dependency on Registrar standards.\n- The capped employee payment for arbitrator services reduces employee exposure but may deter arbitrator availability for low‑value disputes if charging exceeds recoverable shares.\n\nOverall, these Regulations convert statutory rules in the Industrial Relations Act into detailed procedural obligations and templates for EEAs, dispute handling and registration. They standardise timelines, set default mechanisms where parties diverge, and impose administrative requirements intended to make registration and arbitration administratively workable, while placing specific compliance costs and choices on parties and the Registrar (see regs 5–14, Part 5, Sch 3)."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-employer-employee-agreements-regulations-2002","history":"/api/acts/industrial-relations-employer-employee-agreements-regulations-2002/history","analysis":"/api/acts/industrial-relations-employer-employee-agreements-regulations-2002/analysis","conflicts":"/api/acts/industrial-relations-employer-employee-agreements-regulations-2002/conflicts","importantCases":"/api/acts/industrial-relations-employer-employee-agreements-regulations-2002/important-cases","documents":"/api/acts/industrial-relations-employer-employee-agreements-regulations-2002/documents"}}