{"id":"industrial-relations-general-regulations-1997","name":"Industrial Relations (General) Regulations 1997","slug":"industrial-relations-general-regulations-1997","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178326,"registerId":"wa-industrial-relations-general-regulations-1997-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industrial Relations (General) Regulations 1997","content":"![Crest]()Western Australia\n\nIndustrial Relations Act 1979\n\nIndustrial Relations (General) Regulations 1997\n\nWestern Australia\n\nIndustrial Relations (General) Regulations 1997\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: Clerk 1\n\nPart 2 — Employment records\n\n4. How employment records must be kept (Act s. 49D(3)) 2\n\nPart 3 — Unfair dismissal and contractual benefit claims\n\n5. Prescribed amount — section 29AA 3\n\n6. Annual indexation 4\n\nPart 4 — Employers declared not to be national system employers\n\n7. Employers declared not to be national system employers (Act s. 80A(2)) 6\n\nPart 5 — Fees\n\n9. Fees to be charged 7\n\n10. Registrar and Clerk may waive certain fees 7\n\n11. Fees paid to Consolidated Fund 8\n\nPart 6 — Bargaining for industrial agreement\n\n12. Notice initiating bargaining 9\n\n13. Response to notice initiating bargaining 9\n\n14. Notice and response to be given to Commission 9\n\nPart 7 — Miscellaneous\n\n15. Police Force prescribed as a public sector entity: section 26 10\n\n16. Federal organisations prescribed to be federal counterpart in relation to organisation 10\n\n17. State laws prescribed to be industrial laws 11\n\n18. Commonwealth, State and Territory laws prescribed to be work health and safety laws 11\n\nSchedule 1 — Fees to be taken by the Registrar\n\nSchedule 2 — Fees to be taken by the Clerk\n\nSchedule 3 — Forms\n\nSchedule 4 — Employers declared not to be national system employers\n\nDivision 1 — Local government employers\n\nDivision 2 — Regional local government employers\n\nNotes\n\nCompilation table 23\n\nDefined terms\n\n  \n\nWestern Australia\n\nIndustrial Relations Act 1979\n\nIndustrial Relations (General) Regulations 1997\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations may be cited as the *Industrial Relations (General) Regulations 1997*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which section 34 of the *Labour Relations Legislation Amendment Act 1997* comes into operation.\n\n##### 3. Term used: Clerk\n\nIn these regulations —\n\nClerk means the clerk of the Court.\n\n[Regulation 3 inserted: SL 2022/100 r. 50.]\n\n## Part 2 — Employment records\n\n[Heading inserted: SL 2022/100 r. 51.]\n\n##### 4. How employment records must be kept (Act s. 49D(3))\n\n(1) An employer is to ensure that the employment records of the employer are kept —\n\n(a) by —\n\n(i) making entries in the English language in or on a separate page of a bound or loose‑leaf book kept specifically for that purpose; or\n\n(ii) recording or storing the particulars required to be entered in the employment records by means of a mechanical, electronic or other device, but so that the particulars so recorded or stored will remain in the form in which they were originally recorded or stored and will be capable of being reproduced in written form in the English language;\n\n(b) with only one employee’s records appearing on any one page;\n\n(c) so that the record for each pay period of each employee is identifiable; and\n\n(d) in a manner that enables compliance with section 49D of the Act to be readily ascertained.\n\n(2) A person is not to alter employment records unless the alteration is annotated so as to identify —\n\n(a) the nature of the alteration;\n\n(b) the person making the alteration; and\n\n(c) the date on which the alteration was made.\n\n[Regulation 4 amended: Gazette 26 Jul 2002 p. 3460.]\n\n## Part 3 — Unfair dismissal and contractual benefit claims\n\n[Heading inserted: Gazette 26 Jul 2002 p. 3460.]\n\n##### 5. Prescribed amount — section 29AA\n\n(1) For the purposes of paragraph (b) of the definition of “prescribed amount” in section 29AA(5) of the Act the specified salary is $90 000, or that amount as affected by indexation in accordance with regulation 6.\n\n(2) For the purposes of paragraph (b) of the definition of “prescribed amount” in section 29AA(5) of the Act the salary provided for in an employee’s contract of employment is to be worked out as follows —\n\n(a) for an employee who was continuously employed by an employer and was not on leave without full pay at any time during the period of 12 months immediately before the dismissal or claim — the greater of —\n\n(i) the salary that the employee actually received in that period; and\n\n(ii) the salary that the employee was entitled to receive in that period;\n\n(b) for an employee who was continuously employed by an employer and was on leave without full pay at any time during the period of 12 months immediately before the dismissal or claim — the total of —\n\n(i) the actual salary received by the employee for the days during that period that the employee was not on leave without full pay; and\n\n(ii) for the days that the employee was on leave without full pay an amount worked out using the formula —\n\n![]()\n\nor\n\n(c) for an employee who was continuously employed by an employer for a period less than 12 months immediately before the dismissal or claim — the amount worked out using the formula —\n\n![]()\n\n[Regulation 5 inserted: Gazette 26 Jul 2002 p. 3460‑1.]\n\n##### 6. Annual indexation\n\n(1) This regulation prescribes a formula under which the amount mentioned in regulation 5(1) (the **“indexable amount”**)  is to be varied annually by the indexation factor (if any).\n\n(2) In this regulation —\n\nbase weekly earnings means the last amount published by the Australian Statistician before 1 July 2002 as an estimate (except a preliminary estimate) of the average total weekly earnings (seasonally adjusted) for full‑time adult employees of all employees in Australia in a particular month;\n\ncurrent weekly earnings, in relation to an indexation day, means the last amount published by the Australian Statistician before that day as an estimate (except a preliminary estimate) of the average total weekly earnings (seasonally adjusted) for full‑time adult employees of all employees in Australia in a particular month;\n\nindexation day means 1 July 2003 or 1 July in a later year;\n\nindexation factor, for an indexation day, means the number, worked out to 3 decimal places, resulting from the following formula —\n\n![]()\n\n(3) If at any time (whether before or after the commencement of this regulation) the Australian Statistician publishes an estimate of the average total weekly earnings (seasonally adjusted) for full‑time adult employees in a particular month in substitution for such an estimate (except a preliminary estimate) previously published by the Australian Statistician for that month, the publication of the later estimate is to be disregarded for the purposes of this regulation.\n\n(4) Subject to subregulation (5), if, on any indexation day, the indexation factor is greater than 1, then, on and after that day, until a later application of this subregulation, an indexable amount is taken to be replaced by the amount worked out by multiplying the indexable amount by the indexation factor.\n\n(5) If an amount worked out under subregulation (4) is not $100, or a multiple of $100 —\n\n(a) if the amount is not $50, or a multiple of $50 — it is to be rounded up or down to $100, or the nearest amount that is a multiple of $100 as appropriate; or\n\n(b) if the amount is $50, or a multiple of $50 — it is to be rounded up to $100, or the next highest amount that is a multiple of $100 as appropriate.\n\n[Regulation 6 inserted: Gazette 26 Jul 2002 p. 3461‑2.]\n\n## Part 4 — Employers declared not to be national system employers\n\n[Heading inserted: SL 2022/100 r. 52.]\n\n##### 7. Employers declared not to be national system employers (Act s. 80A(2))\n\n(1) For the purposes of section 80A(2)(a) of the Act, each employer specified in Schedule 4 is declared not to be a national system employer for the purposes of the FW Act.\n\n(2) For the purposes of section 80A(2)(b) of the Act, the day fixed for the purposes of the declaration is 1 January 2023.\n\n[Regulation 7 inserted: SL 2022/100 r. 52; amended: SL 2022/196 r. 4.]\n\n[**8.** Deleted: SL 2025/12 r. 11.]\n\n## Part 5 — Fees\n\n[Heading inserted: Gazette 26 Jul 2002 p. 3462.]\n\n##### 9. Fees to be charged\n\n(1) Subject to the Act and the provisions of these regulations —\n\n(a) the fees specified in Schedule 1 are to be charged in respect of the matters before the Commission in relation to which they are specified; and\n\n(b) the fees specified in Schedule 2 are to be charged in respect of the matters before the Court in relation to which they are specified.\n\n(2) No fee is payable for any of the following matters —\n\n(a) the registration of a treasurer, trustee, secretary or any other officer of an organisation;\n\n(b) the cancellation of a certificate of registration;\n\n(c) filing of notice of a change of registered office;\n\n(d) filing of a warrant to appear as an agent;\n\n(e) any document in respect of which a fee is already chargeable under the Act or any other written law;\n\n(f) filing of notice of discontinuance of an application.\n\n(3) The Registrar and the Clerk may determine the means, in addition to cash, by which fees may be paid.\n\n[Regulation 9 inserted as regulation 7: Gazette 26 Jul 2002 p. 3463; renumbered as regulation 9: Gazette 29 Jun 2004 p. 2517.]\n\n##### 10. Registrar and Clerk may waive certain fees\n\n(1) The Registrar or a Deputy Registrar may waive a fee referred to in Schedule 1 when the Registrar or Deputy Registrar considers it reasonable to do so.\n\n(2) The Clerk may waive a fee referred to in Schedule 2 item 9 when the Clerk considers it reasonable to do so.\n\n(3) The Clerk may waive a fee referred to in Schedule 2 item 10 when permission to do so has been given by the Presiding Judge.\n\n[Regulation 10 inserted as regulation 8: Gazette 26 Jul 2002 p. 3463; renumbered as regulation 10 and amended: Gazette 29 Jun 2004 p. 2517.]\n\n##### 11. Fees paid to Consolidated Fund\n\nAll fees received by the Clerk, Registrar or any other officer are to be credited to the Consolidated Fund.\n\n[Regulation 11 inserted as regulation 9: Gazette 26 Jul 2002 p. 3463; renumbered as regulation 11: Gazette 29 Jun 2004 p. 2517.]\n\n## Part 6 — Bargaining for industrial agreement\n\n[Heading inserted: Gazette 29 Jun 2004 p. 2517.]\n\n##### 12. Notice initiating bargaining\n\nA notice given under section 42(1) of the Act —\n\n(a) may be given in the form of GFB 1 in Schedule 3; and\n\n(b) must be accompanied by all of the particulars set out in that form.\n\n[Regulation 12 inserted: Gazette 29 Jun 2004 p. 2517.]\n\n##### 13. Response to notice initiating bargaining\n\nA person to whom a notice is given under section 42(1) of the Act may notify the initiating party of his or her response in the form of GFB 2 in Schedule 3.\n\n[Regulation 13 inserted: Gazette 29 Jun 2004 p. 2517.]\n\n##### 14. Notice and response to be given to Commission\n\n(1) A notice given under section 42(1) of the Act, or a response under section 42A(1) of the Act, cannot be admitted in any proceeding or conference before the Commission unless a copy of that notice or response has been filed in the office of the Registrar of the Commission at least 7 days before the proceeding or conference.\n\n(2) Subregulation (1) does not apply in respect of an application under section 42A(2).\n\n[Regulation 14 inserted: Gazette 29 Jun 2004 p. 2517.]\n\n## Part 7 — Miscellaneous\n\n[Heading inserted: Gazette 27 Jun 2014 p. 2332.]\n\n##### 15. Police Force prescribed as a public sector entity: section 26\n\nThe Police Force within the meaning of the *Police Act 1892* is prescribed for the purposes of the definition of ***public sector entity*** in section 26(2B) of the Act.\n\n[Regulation 15 inserted: Gazette 27 Jun 2014 p. 2332.]\n\n##### 16. Federal organisations prescribed to be federal counterpart in relation to organisation\n\nFor the purposes of paragraph (b) of the definition of ***federal counterpart*** in section 49G(1) of the Act, in relation to an organisation set out in column 1 of the Table, a federal organisation set out opposite the organisation in column 2 is a federal counterpart of that organisation.\n\nTable\n\n| **Organisation** | **Federal organisation** |\n| --- | --- |\n| Electrical Trades Union WA | Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia |\n| United Workers Union (WA) | United Workers’ Union |\n| The Coal Miners’ Industrial Union of Workers of Western Australia, Collie | Mining and Energy Union |\n| The Western Australian Clothing and Allied Trades’ Industrial Union of Workers, Perth | Construction, Forestry and Maritime Employees Union |\n\n\n[Regulation 16 inserted: SL 2025/12 r. 12.]\n\n##### 17. State laws prescribed to be industrial laws\n\nFor the purposes of paragraph (c) of the definition of ***industrial law*** in section 49G(1) of the Act, each of the following laws is an industrial law —\n\n(a) the *Fair Work Act 1994* (South Australia);\n\n(b) the *Industrial Relations Act 1984* (Tasmania);\n\n(c) the *Industrial Relations Act 1996* (New South Wales);\n\n(d) the *Industrial Relations Act 2016* (Queensland).\n\n[Regulation 17 inserted: SL 2025/12 r. 12.]\n\n##### 18. Commonwealth, State and Territory laws prescribed to be work health and safety laws\n\nFor the purposes of paragraph (b) of the definition of ***work health and safety law*** in section 49G(1) of the Act, each of the following laws is a work health and safety law —\n\n(a) the *Occupational Health and Safety Act 2004* (Victoria);\n\n(b) the *Work Health and Safety Act 2011* (Australian Capital Territory);\n\n(c) the *Work Health and Safety Act 2011* (Commonwealth);\n\n(d) the *Work Health and Safety Act 2011* (New South Wales);\n\n(e) the *Work Health and Safety Act 2011* (Queensland);\n\n(f) the *Work Health and Safety Act 2012* (South Australia);\n\n(g) the *Work Health and Safety Act 2012* (Tasmania);\n\n(h) the *Work Health and Safety (National Uniform Legislation) Act 2011* (Northern Territory).\n\n[Regulation 18 inserted: SL 2025/12 r. 12.]\n\nSchedule 1 — Fees to be taken by the Registrar\n\n[r. 9]\n\n| **Item** | **Matter** | **Fee   $** |\n| --- | --- | --- |\n| 1 | For referring an industrial matter under section 29(1)(c), (d), (e), (f), (g), (h), (i), (j) or (k) of the Act | 50.00 |\n| 2 | For a photographic copy of a transcript of proceedings — for each page | 3.00 |\n| 3 | For a search of a record or database of the Commission (other than a search of a proceeding made by or on behalf of a party to the proceeding) — for each name or item in respect of which a search is made | 20.00 |\n\n\n[Schedule 1 inserted: Gazette 26 Jul 2002 p. 3463‑4; amended: Gazette 29 Jun 2004 p. 2518; SL 2022/100 r. 54; SL 2025/12 r. 13.]\n\nSchedule 2 — Fees to be taken by the Clerk\n\n[r. 9]\n\n| **Item** | **Matter** | **Fee   $** |\n| --- | --- | --- |\n| 1 | For filing an affidavit, statutory declaration or any document not otherwise provided for in this Schedule | 1.00 |\n| 2 | For filing an application or notice of motion | 5.00 |\n| 3 | For filing a notice of appeal | 5.00 |\n| 4 | For sealing an order | 1.00 |\n| 5 | On the issue of a Chamber summons or summons to witness | 1.50 |\n| 6 | For the issue of a warrant of any kind | 2.50 |\n| 7 | For the execution of a warrant of any kind | 8.50 |\n| 8 | For every document required to be authenticated by the Clerk or other officer | 4.00 |\n| 9 | For every inspection on the same day of one or more documents in the custody of the Clerk | 1.00 |\n| 10 | For a photographic copy of the transcript of proceedings — for each page | 1.00 |\n| 11 | For a photographic copy of reasons for judgment consisting of not more than 10 pages — for each copy issued to a person not a party to the proceedings or a person, who although a party, did not appear or who was not represented at the proceedings and for each copy in excess of one copy issued to a represented party to the proceedings | 2.75 |\n|  | And for each page in excess of 10 | 0.20 |\n| 12 | For photographic copies of exhibits or other documents — for each page | 0.20 |\n\n\n[Schedule 2 inserted: Gazette 26 Jul 2002 p. 3464; amended: Gazette 29 Jun 2004 p. 2518.]\n\nSchedule 3 — Forms\n\n**GFB 1**\n\n[r. 12]\n\n***Industrial Relations Act 1979***\n\n**NOTICE TO INITIATE BARGAINING**\n\nTo ..........................................................................................................................\n\n................................................................................................................................\n\n................................................................................................................................\n\n(name of party being given notice)1\n\nTake notice that .....................................................................................................\n\n................................................................................................................................\n\n(name of party giving notice)\n\nhas this .............day of ..........................given notice initiating bargaining for an industrial agreement.\n\n1. Types of employment to be covered by agreement2\n\n2. Area in which agreement is to operate3\n\n3. Intended parties to the agreement4\n\n....................................................\n\nSignature of party giving notice\n\n*1 This notice is not to be given to an organisation or association of employers unless that organisation or association has given written consent to being given such notice.*\n\n*2 If all employment is intended to be covered then state that. If is not intended to cover all the employment, specify by classification or occupation and specify whether full‑time, part‑time and casual employment is to be covered.*\n\n*3 Nominate the area of the State (eg. whole State or metropolitan area or north of the 26th parallel) as well as any particulars relating to the employers’ premises.*\n\n*4 If the intention is for the initiating party to bargain as a collective group, specify the other parties who will comprise that group.*\n\nINFORMATION FOR RECIPIENTS OF NOTICE TO INITIATE BARGAINING\n\nThe party who gave you this notice (the “initiating party”) is seeking to negotiate an industrial agreement which will bind you in respect of the employees in the employment identified in the particulars of the notice.\n\nThe initiating party is also seeking to negotiate the agreement within the requirements of the good faith bargain provisions of the *Industrial Relations Act 1979*. These provisions place certain procedural requirements on the negotiating parties to assist them to reach agreement. These procedural requirements can be enforced by the Western Australian Industrial Relations Commission.\n\nIf you wish to enter into negotiations for an industrial agreement, you should notify the initiating party within 21 days of receiving this notice.\n\nNote: Documents served by post are deemed received 2 working days after they are posted. The response may be in the form of the attached GFB 2.\n\nIf there are other parties identified in the notice as intended parties to the agreement and you wish to negotiate separately with the initiating party, you may make an application to the Western Australian Industrial Relations Commission for a direction that you may negotiate separately.\n\nNote: You must still respond to the initiating party within 21 days of receiving the notice if you wish to enter into negotiations for an industrial agreement.\n\nIf you do not wish to enter into negotiations for an industrial agreement, you do not need to take any action. Alternatively, you may notify the initiating party that you will not enter into negotiations for an industrial agreement. You may use GFB 2 for the notification.\n\nIf you do not enter into negotiations for an industrial agreement, the initiating party may apply to the Western Australian Industrial Relations Commission for an enterprise order which will determine the pay and conditions for employees who were proposed to be covered by the industrial agreement.\n\n**GFB 2**\n\n[r. 13]\n\n***Industrial Relations Act 1979***\n\n**RESPONSE TO INITIATION OF BARGAINING**\n\nTo ..........................................................................................................................\n\n................................................................................................................................\n\n................................................................................................................................\n\n(name of party who provided notice initiating bargaining)\n\nTake notice that .....................................................................................................\n\n................................................................................................................................\n\n(name of party responding to notice)\n\nhas this .........day of..................responded to the notice and:\n\n🞏 wishes to enter into negotiations for an industrial agreement.\n\n🞏 does not wish to enter into negotiations for an industrial agreement.\n\n(tick appropriate box)\n\n....................................................\n\nSignature of party responding to notice\n\n[Schedule 3 inserted: Gazette 29 Jun 2004 p. 2518‑20.]\n\nSchedule 4 — Employers declared not to be national system employers\n\n[r. 7]\n\n[Heading inserted: SL 2022/100 r. 55.]\n\nDivision 1 — Local government employers\n\n[Heading inserted: SL 2022/100 r. 55.]\n\nTable\n\n| City of Albany | City of Armadale |\n| --- | --- |\n| Shire of Ashburton | Shire of Augusta Margaret River |\n| Town of Bassendean | City of Bayswater |\n| City of Belmont | Shire of Beverley |\n| Shire of Boddington | Shire of Boyup Brook |\n| Shire of Bridgetown‑Greenbushes | Shire of Brookton |\n| Shire of Broome | Shire of Broomehill‑Tambellup |\n| Shire of Bruce Rock | City of Bunbury |\n| City of Busselton | Town of Cambridge |\n| City of Canning | Shire of Capel |\n| Shire of Carnamah | Shire of Carnarvon |\n| Shire of Chapman Valley | Shire of Chittering |\n| Town of Claremont | City of Cockburn |\n| Shire of Collie | Shire of Coolgardie |\n| Shire of Coorow | Shire of Corrigin |\n| Town of Cottesloe | Shire of Cranbrook |\n| Shire of Cuballing | Shire of Cue |\n| Shire of Cunderdin | Shire of Dalwallinu |\n| Shire of Dandaragan | Shire of Dardanup |\n| Shire of Denmark | Shire of Derby‑West Kimberley |\n| Shire of Donnybrook‑Balingup | Shire of Dowerin |\n| Shire of Dumbleyung | Shire of Dundas |\n| Town of East Fremantle | Shire of East Pilbara |\n| Shire of Esperance | Shire of Exmouth |\n| City of Fremantle | Shire of Gingin |\n| Shire of Gnowangerup | Shire of Goomalling |\n| City of Gosnells | City of Greater Geraldton |\n| Shire of Halls Creek | Shire of Harvey |\n| Shire of Irwin | Shire of Jerramungup |\n| City of Joondalup | City of Kalamunda |\n| City of Kalgoorlie‑Boulder | City of Karratha |\n| Shire of Katanning | Shire of Kellerberrin |\n| Shire of Kent | Shire of Kojonup |\n| Shire of Kondinin | Shire of Koorda |\n| Shire of Kulin | City of Kwinana |\n| Shire of Lake Grace | Shire of Laverton |\n| Shire of Leonora | City of Mandurah |\n| Shire of Manjimup | Shire of Meekatharra |\n| City of Melville | Shire of Menzies |\n| Shire of Merredin | Shire of Mingenew |\n| Shire of Moora | Shire of Morawa |\n| Town of Mosman Park | Shire of Mount Magnet |\n| Shire of Mount Marshall | Shire of Mukinbudin |\n| Shire of Mundaring | Shire of Murchison |\n| Shire of Murray | Shire of Nannup |\n| Shire of Narembeen | Shire of Narrogin |\n| City of Nedlands | Shire of Ngaanyatjarraku |\n| Shire of Northam | Shire of Northampton |\n| Shire of Nungarin | Shire of Peppermint Grove |\n| Shire of Perenjori | City of Perth |\n| Shire of Pingelly | Shire of Plantagenet |\n| Town of Port Hedland | Shire of Quairading |\n| Shire of Ravensthorpe | City of Rockingham |\n| Shire of Sandstone | Shire of Serpentine‑Jarrahdale |\n| Shire of Shark Bay | City of South Perth |\n| City of Stirling | City of Subiaco |\n| City of Swan | Shire of Tammin |\n| Shire of Three Springs | Shire of Toodyay |\n| Shire of Trayning | Shire of Upper Gascoyne |\n| Town of Victoria Park | Shire of Victoria Plains |\n| City of Vincent | Shire of Wagin |\n| Shire of Wandering | City of Wanneroo |\n| Shire of Waroona | Shire of West Arthur |\n| Shire of Westonia | Shire of Wickepin |\n| Shire of Williams | Shire of Wiluna |\n| Shire of Wongan‑Ballidu | Shire of Woodanilling |\n| Shire of Wyalkatchem | Shire of Wyndham‑East Kimberley |\n| Shire of Yalgoo | Shire of Yilgarn |\n| Shire of York |  |\n\n\n[Division 1 inserted: SL 2022/100 r. 55.]\n\nDivision 2 — Regional local government employers\n\n[Heading inserted: SL 2022/100 r. 55.]\n\nTable\n\n| Bunbury Harvey Regional Council | Catalina Regional Council |\n| --- | --- |\n| Eastern Metropolitan Regional Council | Mindarie Regional Council |\n| Murchison Regional Vermin Council | Resource Recovery Group |\n| Rivers Regional Council | Western Metropolitan Regional Council |\n\n\n[Division 2 inserted: SL 2022/100 r. 55; amended: SL 2024/31 r. 4.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Industrial Relations (General) Regulations 1997* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Industrial Relations (General) Regulations 1997* | 30 Sep 1997 p. 5440‑1 | 17 Oct 1997 (see r. 2 and *Gazette* 30 Sep 1997 p. 5415) |\n| *Industrial Relations (General) Amendment Regulations 2002* | 26 Jul 2002 p. 3459‑64 | 1 Aug 2002 (see r. 2 and *Gazette* 26 Jul 2002 p. 3459) |\n| *Industrial Relations (General) Amendment Regulations 2004* | 29 Jun 2004 p. 2516‑20 | 29 Jun 2004 |\n| **Reprint 1: The *Industrial Relations (General) Regulations 1997* as at 10 Sep 2004** (includes amendments listed above) | | |\n| *Industrial Relations (General) Amendment Regulations 2009* | 31 Jul 2009 p. 3026 | r. 1 and 2: 31 Jul 2009 (see r. 2(a));<br>Regulations other than r. 1 and 2: 1 Aug 2009 (see r. 2(b)) |\n| *Industrial Relations (General) Amendment Regulations 2014* | 27 Jun 2014 p. 2332 | 1 Jul 2014 (see r. 2 and *Gazette* 27 Jun 2014 p. 2301) |\n| *Industrial Relations Regulations (Consequential Amendments) Regulations 2022* Pt. 3 | SL 2022/100 17 Jun 2022 | 20 Jun 2022 (see r. 2(b)) |\n| *Industrial Relations (General) Amendment Regulations 2022* | SL 2022/196 18 Nov 2022 | r. 1 and 2: 18 Nov 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2023 (see r. 2(b)) |\n| *Industrial Relations (General) Amendment Regulations 2024* | SL 2024/31 7 Mar 2024 | r. 1 and 2: 7 Mar 2024 (see r. 2(a));    Regulations other than r. 1 and 2: 8 Mar 2024 (see r. 2(b)) |\n| *Industrial Relations Regulations Amendment Regulations (No. 2) 2025* Pt. 3 | 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\nbase weekly earnings 6(2)\n\nClerk 3\n\ncurrent weekly earnings 6(2)\n\nindexation day 6(2)\n\nindexation factor 6(2)\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":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond their original 1997 scope. Originally focused on basic administrative matters, they now encompass: (1) complex indexation mechanisms for unfair dismissal thresholds (added 2002); (2) good faith bargaining procedures and forms (added 2004); (3) public sector entity definitions including Police Force (added 2014); (4) extensive federal/state jurisdictional declarations covering 137+ local government employers (added 2022); and (5) federal counterpart union mappings and multi-jurisdictional law recognition (added 2025). The legislation has evolved from simple procedural rules to a complex interface between state and federal industrial relations systems."},"complexity_factors":["Multiple mathematical formulas for salary calculations and annual indexation (regulation 6)","Cross-references to the Fair Work Act 2009 (Cth) and various other state and territory industrial laws","Schedules containing extensive lists (137 local government employers in Schedule 4)","Conditional logic in fee waivers (different rules for Registrar vs Clerk vs Presiding Judge)","Specific form requirements with mandatory particulars for bargaining notices","Deleted regulation (r. 8) indicating historical amendment complexity"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are the \"nuts and bolts\" rules that support Western Australia's main industrial relations law (the *Industrial Relations Act 1979*). They fill in the practical details that the Act doesn't cover—like paperwork requirements, fees, and which organisations are covered by which rules.\n\n**Key things it covers:**\n\n*   **Employment records:** Tells employers exactly how they must keep records of their workers' pay and conditions—either in a proper English-language book or stored electronically so it can be printed out. Records must be tamper-evident (if you change something, you must note who did it, when, and why).\n\n*   **Unfair dismissal claims:** Sets a salary cap (currently $90,000, adjusted annually for inflation) that determines which employees can claim unfair dismissal or contractual benefits. Includes a mathematical formula for calculating salary if someone was on unpaid leave or worked less than 12 months.\n\n*   **Who's in or out of the national system:** Lists specific local councils and regional councils that are **not** covered by the federal Fair Work system (meaning they stay under WA state law).\n\n*   **Court and Commission fees:** Sets out the fees for filing documents, getting copies of transcripts, and searching records—ranging from $1 for a simple filing to $50 for referring a matter to the Commission. The Registrar or Clerk can waive fees in some cases.\n\n*   **Bargaining for agreements:** Provides standard forms (GFB 1 and GFB 2) that parties must use when starting negotiations for a new workplace agreement, and rules about giving notice to the Commission.\n\n*   **Miscellaneous technical matters:** Specifies which unions correspond to which federal unions, which other states' industrial laws are recognised, and which work health and safety laws apply.\n\n**Who it affects:**\n\n*   WA employers and employees (especially those in local government)\n*   Unions and employer associations\n*   Anyone using the WA Industrial Relations Commission or the Industrial Relations Court\n\n**Why it matters:**\n\nThese rules determine whether you can take an unfair dismissal claim, how much you'll pay to file court documents, and whether your local council is covered by state or federal workplace laws. For employers, getting the record-keeping wrong can mean legal trouble."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have expanded since 1997 through multiple amendment instruments (see SL 2022/100, SL 2022/196, SL 2024/31, SL 2025/12) to add indexed monetary thresholds, prescribed calculation methods for contract salaries, formal bargaining forms and timelines, fee schedules and an extensive, specific list of employers excluded from the national system (Schedule 4). These amendments broadened the instrument from general procedural rules to include explicit coverage decisions and technical monetary and procedural prescriptions."},"complexity_factors":["Multiple technical regimes combined: record‑keeping rules, monetary thresholds with indexation, declaratory lists of employers, fees and procedural forms.","Indexation formula requires use of Australian Statistician series and rounding rules (regulation 6) — arithmetic and data‑sourcing burden for users.","Detailed prescription of how to calculate a contract salary for different employment histories (regulation 5) — multiple formulas and conditional branches.","Long schedules: a comprehensive list of local government and regional employers (Schedule 4) that changes operational coverage.","Cross‑references to primary Act provisions (eg. ss. 29AA, 42, 49D, 80A) so users must read regulations and Act together.","Discretionary powers to waive fees vested in Registrar/Deputy Registrar and Clerk, with one waiver requiring Presiding Judge consent (regulation 10) — administrative discretion.","Procedural filing deadline for bargaining notices to be admissible in proceedings (7 days) imposes strict timing compliance (regulation 14).","Multiple amendment instruments and insertion dates (SL 2022/100, SL 2022/196, SL 2024/31, SL 2025/12) — version tracking required for compliance."],"plain_english_summary":"These regulations prescribe practical rules under the Industrial Relations Act: how employers must keep employment records, how the ‘prescribed amount’ for unfair dismissal and contractual‑benefit claims is calculated and indexed, which employers (mainly specified local governments and regional councils) are excluded from the national system, what fees apply and when fees may be waived, and the standard forms and filing rules for bargaining and Commission/Court business. They affect employers, employees, organisations and tribunal officers by creating compliance duties, filing costs, calculation rules and procedural time limits."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as no legislative content was available for analysis."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'page not found' error","Cannot assess complexity without access to the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the *Industrial Relations (General) Regulations 1997* (Western Australia) is no longer available on the Western Australian legislation website. The link has broken, likely due to a website migration or system upgrade.\n\n**What this means for you:** No analysis of the actual regulations can be provided because the text of the law was not accessible. If you need to read these regulations, try:\n- Visiting the [Western Australian Legislation website](https://www.legislation.wa.gov.au) directly and searching for the title\n- Contacting the Parliamentary Counsel's Office Helpdesk\n- Checking an alternative legal database such as Austlii (www.austlii.edu.au)"}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-general-regulations-1997","history":"/api/acts/industrial-relations-general-regulations-1997/history","analysis":"/api/acts/industrial-relations-general-regulations-1997/analysis","conflicts":"/api/acts/industrial-relations-general-regulations-1997/conflicts","importantCases":"/api/acts/industrial-relations-general-regulations-1997/important-cases","documents":"/api/acts/industrial-relations-general-regulations-1997/documents"}}