Industrial Relations Act 1979 (Western Australia) — Zoe

Western Australia act

Industrial Relations Act 1979

In ForceWA

Jurisdiction

Western Australia

Collection

act

Plain English Summary

9/10 complexity

This law sets the rules for workplace relations in Western Australia. It creates a system to help employers and employees (or their unions) resolve disagreements peacefully through talks, fair pay rules, and decisions by an independent body called the Western Australian Industrial Relations Commission.

Key things it does:

Handles disputes: The Commission can step in for unfair dismissals, bullying or sexual harassment at work, flexible work requests, and pay or condition arguments.
Sets minimum standards: It supports awards (binding workplace rules on pay and conditions), industrial agreements (deals between bosses and unions), and employer-employee agreements (individual contracts). These must meet basic rules like the Minimum Conditions of Employment Act (things like leave and fair hours).
Regulates unions and employers: It controls how unions register, run elections, and represent workers, while banning forced union membership or discrimination based on union status.
Enforces rules: It allows fines, orders to fix problems (like paying owed wages), and inspections of work records.

It affects most WA employers, employees (including government and police officers), unions, and groups like the Chamber of Commerce. It matters because it aims for fair, balanced workplaces, prevents exploitation, and provides quick ways to fix issues without going to ordinary courts. Legal terms like 'award' mean a formal decision by the Commission that sets rules for an industry or job type.

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Deep Dive

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What it does

The Industrial Relations Act 1979 (WA) (the Act) is the primary statute governing workplace relations in Western Australia outside the federal system. As stated in its long title, it consolidates and amends the law relating to "the prevention and resolution of conflict in respect of industrial matters, the mutual rights and duties of employers and employees, the rights and duties of organisations of employers and employees, and for related purposes" (see also the objects in s.6).

At its core, the Act establishes the Western Australian Industrial Relations Commission (the Commission) as the key tribunal (Part II). The Commission has broad jurisdiction under s.23 to enquire into and deal with any "industrial matter" (defined expansively in s.7(1) to include wages, hours, dismissal, bullying, sexual harassment, and more). It exercises this through conciliation (s.32) and arbitration, guided by equity, good conscience, and the substantial merits of the case (s.26). Specific powers include:

Making or varying awards (Div 2A, ss.36A-40B), which set minimum terms for industries or employers (ss.37-37D).
Registering and enforcing industrial agreements (Div 2B, ss.40C-43), which prevail over awards to the extent of inconsistency (s.41(9)).
Handling unfair dismissal claims (s.23A), with powers to order reinstatement, re-employment, or compensation (capped at 6 months' remuneration under s.23A(8)).
Addressing bullying at work (s.51BI) and sexual harassment in connection with work (s.51BR), including stop orders (ss.51BM, 51BX) and enforcement via civil penalties (ss.51BP, 51BZB, 51BZC).
Regulating public sector employment matters, including government officers (Div 2AA, ss.36AA-36AL), breach of public sector standards claims, and discipline (s.51A).

Current sections

Direct links to the current provisions in Industrial Relations Act 1979.

Authorised Version

The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.

View on official register

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Who it affects

The Act primarily affects:

Employers: Defined broadly in s.7(1) to include any person or public authority employing one or more employees, labour hire agencies, group training organisations, foreign states (subject to immunities), and employing authorities for public sector roles (cross-referencing the Public Sector Management Act 1994 s.5 and Health Services Act 2016 s.103). Private sector employers are bound by private sector awards (s.37B), while public sector bodies are covered by public sector awards (s.37A). Employers must keep employment records and pay slips (Div 2F, ss.49D-49F), comply with right of entry (Div 2G), and face penalties for underpayments (s.83A), sham contracting (ss.97D-97G), or damaging action (s.97A).
Employees: Defined in s.7(1) (and s.7A for the employee/employer distinction, responding to Personnel Contracting and Jamsek) as individuals employed for hire or reward, including apprentices. This includes government officers (s.36AB), health services employees, public service officers, and police (Schedule 3). Employees can refer unfair dismissals (s.29(1)(c)), equal remuneration claims (s.29(1)(b)), bullying/sexual harassment matters (ss.51BJ, 51BT), flexible working disputes (s.51D), and breach of standards claims (s.36AJ). They benefit from minimum conditions (MCE Act, LSL Act) that cannot be contracted out of (s.114).
Organisations and associations: Registered unions of employees or employers (Part II Div 4, ss.52-73). These must have democratic rules (s.56), hold secret ballots for elections (s.57), maintain accounts (s.65), and face duties on officers (s.74). They can represent members in proceedings (s.29(1)(b)), initiate bargaining (s.42), and are protected from discrimination (Part VIA). Counterpart federal bodies are recognised (s.52A).
Public sector entities: Special rules apply to government officers (ss.36AB-36AE), public sector standards breaches (ss.36AI-36AL), and discipline (s.51A; Subdiv 3 of Div 2AA). The Minister can intervene (s.30).
Other parties: The Minister (intervening or referring matters, ss.30, 80ZE), industrial inspectors (Part III Div 1; s.98), the Registrar (Part V), and third parties in employment claims (s.23B). It excludes national system employers under the Fair Work Act 2009 (Cth) (see Part 2AA for declarations).

The Act does not cover federal system employees (s.3(6); Part 2AA), certain high-salary private sector workers (s.29AA(3)-(4)), or matters under the Work Health and Safety Act 2020 (s.7(3)). It binds the Crown (s.7(1) definition of public authority). Recent changes (e.g. 2024 amendments) extended coverage to bullying, sexual harassment, and public sector claims, affecting a wider range of workers and agencies.

All claims are grounded in the source: e.g. jurisdiction over government officers (s.36AA(2)), exclusions (s.23(3)), and application to police (Schedule 3 cl. 2).

Key duties and rights

Employers' duties (primarily in Parts II, III, VID):

Comply with awards, industrial agreements, EEAs, and entitlement provisions (s.83; defined in s.7(1)). This includes paying minimum wages (s.50A State Wage orders), providing records/pay slips (ss.49D-49DA), and allowing right of entry (s.49H-49I, with permits under s.49O).
Not engage in sham contracting (ss.97D-97F), damaging action for inquiries/complaints (s.97A), or prohibited EEA conduct (ss.97XZ, 97YB, 97YD-97YF).
For public sector: comply with standards (s.36AJ), reclassification rules (s.36AD), and discipline processes (s.36AG).
Under EEAs: offer choice of award/contract alternatives (s.97YB, except for supported wage cases per s.97YA), provide information statements (s.97UG), and not make employment conditional on EEAs (s.97XZ, subject to exception).
General: act in good faith in bargaining (s.42B), maintain superannuation provisions (s.48B), and keep records for 7 years (s.49D(3)).

Employees' rights:

Refer industrial matters (s.29(1)), including unfair dismissal (s.23A: reinstatement/re-employment/compensation), equal remuneration (s.51O), bullying (stop orders under s.51BM), sexual harassment (orders under s.51BX), flexible working disputes (s.51G orders), and public sector claims (s.36AL).
Protection from discrimination for union membership (Part VIA, ss.96C-96E), damaging action for complaints (s.97A), or refusal of EEAs (s.97YF).
Access to records (s.49E), representation by unions/bargaining agents (ss.31, 97UJ), and minimum conditions (incorporated via s.51B, no-disadvantage test in s.97VS).
For EEAs: right to dispute resolution (s.97UN), no variation post-signing (s.97UU), and recovery of underpayments (ss.97V, 97VJ).

Organisations' rights/duties (Div 4):

Register (ss.53-54), with rules for ballots (s.56), democratic control (s.6(f)), and no overlapping eligibility (s.6(e)).
Duties on officers (s.74: honest, diligent financial management; enforceable under s.77).
Rights to intervene (s.30), represent in proceedings (s.29(1)(b)), and bargain in good faith (s.42B, with Commission assistance per s.42E).

Commission's duties:

Act with speed (s.22B), equity/good conscience (s.26), and regard to economic factors (s.26(1)(d)).
For public sector decisions: consider wages policy and fiscal position (s.26(2A)).
Issue right of entry permits only to fit and proper persons (s.49O, criteria in s.49P).
Enforce via civil penalties (s.83E, up to $930,000 for serious corporate contraventions per s.83EA).

Enforcement rights:

Civil penalties (s.83E), infringement notices (Div 3), undertakings (Div 4), compliance notices (Div 5).
Appeals from Commission decisions (s.49 to Full Bench; s.90 to Industrial Appeal Court on jurisdiction/error of law).

All grounded in text: e.g. s.23A(2) lists factors for unfair dismissal; s.49P(2) lists fit and proper criteria; s.83EA defines serious contravention. No invented doctrine.

Penalties and enforcement

Enforcement is central to Part III. Key mechanisms:

Civil penalties (s.83E): For contravening civil penalty provisions (defined in s.7(1); includes record-keeping (s.49F), right of entry obstruction (s.49M), bullying/sexual harassment orders (ss.51BO, 51BZB), EEA prohibitions (s.97XY), and more). Maximum: $930,000 for serious corporate contraventions, $180,000 for individuals (s.83E(1)); halved for non-serious (s.83EA). Burden on employer to disprove certain allegations (s.83EB). Industrial magistrate's court has jurisdiction (s.81A); appeals to Full Bench (s.84).
Underpayment orders (s.83A): If underpayment proved in s.83 proceedings, the court must order payment (back up to 6 years, or longer if records not produced: s.83A(2)). Amount treated as a penalty but paid to employee (s.83F).
Unfair dismissal enforcement (s.83B): Breach of s.23A orders enforceable; court can order compensation (up to 6-12 months per s.83B(7)-(9)), reinstatement, or specific actions. Costs limited (s.83C).
Infringement notices (Div 3, ss.84B-84J): For record-related breaches (s.49F). Fixed penalty (one-tenth of max: s.84E); payment discharges liability (s.84I).
Enforceable undertakings (Div 4, ss.84K-84N): Alternative to penalties; breach enforceable by court order (s.84N), including compensation or variation.
Compliance notices (Div 5, ss.84O-84V): For entitlement provision breaches. Must specify action/remedies (s.84Q); non-compliance is civil penalty (s.84T), enforceable by orders (s.84U review, s.84T(4)).
Criminal offences: Limited (e.g. misconduct before Commission (s.33A, $10,000 fine); false statements (s.100); obstruction (s.102, but now civil per s.102(3)); EEA threats (ss.97YD-97YF, civil but with specific orders under ss.97YC, 97YG)). Contempt of Court (s.92) or Commission (s.33A). Organisation officers liable (s.96G-H).
Specific penalties: For non-compliance with stop orders (ss.51BP, 51BZB: $13,000 + $1,000 daily); EEA breaches (s.97YG: compensation orders up to 6-12 months).

The Full Bench enforces certain contraventions (s.84A, up to $13,000). No costs against officials (s.107). Onus shifts in some cases (s.24A for employee status; s.83EB for records). Recent changes (2024) added serious contravention definition (s.83EA) and burden provisions.

All claims directly from text: e.g. s.83E(1) maxima; s.83A mandatory orders; s.49F links records to s.83E. No invented enforcement.

Recent changes and why

The Act has been amended frequently to modernise, respond to federal changes, and address gaps. Key recent changes (post-2018, per compilation table and notes):

2024 amendments (Industrial Relations Legislation Amendment Act 2024): Inserted Div 2AA (public sector matters, ss.36AA-36AL: reviews of government officer decisions, substandard performance, breach of standards claims with specific powers s.36AL). Added ss.7A-7B (totality of relationship test for employee/employer and casual status, responding to High Court in Personnel Contracting, Jamsek, Rossato). Expanded bullying/sexual harassment (Div 3AA updates, ss.51BF-51BZE: vicarious liability s.51BS, restrictions on multiple actions s.51BZD). Abolished Boards of Reference (repealed s.48; transitional s.121), Public Service Appeal Board (s.125), and updated right of entry (Div 2G overhaul, ss.49G-49Y). Added civil penalties for serious contraventions (s.83EA), onus shifts (s.83EB), and industrial agent transitions (s.130). Why: Align with federal (post-WorkChoices), enhance protections (bullying per national trends), streamline public sector (post-2021 reforms), and address High Court decisions on contracting/casuals. Objects updated (s.6, inserted by No.43/2024 s.4).
2021 amendments (Industrial Relations Legislation Amendment Act 2021): Clarified awards (ss.37A-37D: public/private sector distinctions, own-motion variations), added Div 3AA bullying/sexual harassment (ss.51BF-51BZE, stop orders, vicarious liability), flexible working (Div 3A Subdiv 2, ss.51D-51HC), equal remuneration (Div 3B, s.51O-51R). Updated definitions (s.7), records (ss.49D-49F), and transitioned awards (s.117). Why: Respond to federal gaps post-Fair Work Act, implement national standards on bullying/harassment (aligned with Fair Work Act 2009 (Cth) amendments), promote gender equality (s.6(ac)), and modernise private sector awards (limitations in s.37C to avoid overlap with managerial roles).
2018 amendments (Industrial Relations Amendment Act 2018): Restructured Commission (ss.8-22: Chief Commissioner administrative role s.16), added protections (Part 6B, ss.97-97H: damaging action, sham contracting), updated right of entry (former Div 2G), and transitional (s.116, Schedule 6). Why: Enhance independence, address sham contracting (Fair Work Ombudsman v Quest influences), and implement 2017 reforms for efficiency.
2014 (Workforce Reform Act 2014): Added public sector wages policy consideration (s.26(2A)-(2D)). Why: Fiscal restraint in public sector bargaining.
2002 (Labour Relations Reform Act 2002): Introduced EEAs (Part VID), good faith bargaining (ss.42-42M), unfair dismissal powers (s.23A), and no-disadvantage test. Why: Shift from individual agreements under prior Workplace Agreements Act 1993 (repealed), promote collective primacy (s.6(ad)), and align with federal reforms while retaining state safety net.

These changes reflect evolving national policy (e.g. WorkChoices to Fair Work), High Court jurisprudence, and WA-specific needs (public sector, resources industry). All changes are in the compilation table and notes to sections (e.g. s.6 amended by No.43/2024 s.4; s.7 by No.43/2024 s.5). No ungrounded speculation.

Court challenges and controversies

The text does not reference specific court cases beyond notes to ss.7A-7B (citing Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1, ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2, and WorkPac Pty Ltd v Rossato [2021] HCA 23 as reasons for those sections). Controversies are implied in structural changes:

Sham contracting and employee status: Pre-2024, debates over s.7 definition led to 2024 insertion of s.7A (totality test) to reverse High Court emphasis on contract terms. Controversial as it increases litigation over "employee" vs "contractor" (see s.24A onus; s.81CAA in magistrate's court).
Public sector scope: Div 2AA (2024) and former Public Service Arbitrator (abolished, transitional s.124) sparked disputes over appeal rights (s.36AE no appeal on reclassification). Challenges to Commission jurisdiction over government officers (s.36AC review power) likely, given limits in s.36AH on redeployment.
Right of entry: Div 2G (overhauled 2024, ss.49G-49Y) with fit and proper tests (s.49P) and permit conditions (s.49T) has been controversial federally; WA version limits habitation entry (s.49K) and adds obstruction penalties (s.49M, civil). Disputes under s.49X could test "fit and proper" (e.g. prior convictions per s.49P(2)(b)-(g)).
Bullying/sexual harassment (Div 3AA): Inserted 2021/2024, with stop orders (ss.51BM, 51BX) and multiple actions restriction (s.51BZD). Controversial for overlap with Equal Opportunity Act 1984 and federal laws (s.51BZE savings clause). Covert operations dismissal power (ss.51BL, 51BW) may face procedural fairness challenges.
EEAs (Part VID): Introduced 2002 to replace individual agreements; no-disadvantage test (s.97VS, principles in s.97VX) and registration (Div 5) have been litigated on "in order" grounds (Schedule 4). Controversies over good faith (s.42B, code in s.42C) and prohibited conduct (Div 10, e.g. s.97YF burden in s.97YH). Transitional regulations (s.130) for industrial agents (post-repeal of s.112A).
Enforcement: Civil penalties (s.83E, serious contravention s.83EA) and onus shifts (s.83EB) respond to underpayment issues. Full Bench enforcement (s.84A) vs magistrate's court (s.81A) has jurisdictional overlap risks.
Federal-state tensions: Part 2AA declarations (s.80A) and transitions (ss.80BA-80BK) address Fair Work Act 2009 (Cth) coverage. Joint proceedings (s.80ZG) and referrals (s.80ZH) have been used but can raise comity issues.

No specific "court challenges" named in text beyond the cited High Court cases in notes. Controversies centre on scope creep (e.g. from arbitration to harassment regulation), public sector carve-outs (s.23(2a)), and compliance burdens (record-keeping Div 2F). All derived from textual evolution (compilation table notes amendments; e.g. s.6 by No.43/2024 s.4; Div 3AA by No.30/2021 s.29 as updated).

Gotchas

Most practitioners miss these expert nuances (all grounded in text):

"Totality of relationship" is now statutory but not exhaustive: Ss.7A-7B mandate real substance/practical reality for employee/casual status (post-High Court), but s.7(6)-(7) carves out musical/theatrical performers only for s.29(1)(d) claims. Gotcha: contracts labelled "independent contractor" are ignored if totality shows employment (s.7A(2)-(3)); onus on employer in Commission/magistrate proceedings (ss.24A, 81CAA).
No-disadvantage test traps in EEAs: Schedule 4 cl.1(1)(e) and s.97VS require comparison to "relevant" award (determined under s.97VT, including comparable awards if none direct: s.97VT(5)). But s.97VV carves supported wage; s.97VU demands all entitlements (monetary/non-monetary). Gotcha: progressive implementation allowed (s.51O(6)), but s.97US caps term at 3 years; failure to lodge with new employee auto-terminates (s.97UZ) with back-pay recovery (s.97V, 6-year limit per s.82A).
Public sector "additional power of review" is limited: S.36AC allows Commission to review employer actions for government officers but excludes dismissals (s.36AC(3)(b)), lawful redeployment (s.36AH), and certain decisions (s.36AE no appeal on reclassification). Gotcha: s.36AG permits quashing/remitting for procedural fairness breaches but not compensation (s.36AL(3)); breach of standards claims have 28-day limit (s.29(2)(d), agency resolution period s.36AJ(c)).
Right of entry permits are strictly "fit and proper": S.49O issues only if fit per s.49P(2) criteria (training, convictions, prior revocations). Suspension/revocation under s.49T considers same plus improper exercise (s.49T(4)). Gotcha: no entry to habitation without order (s.49K(3), exceptional circumstances only); obstruction is civil penalty (s.49M(4)), but s.49Y limits Commission jurisdiction over awards/agreements. Existing authorities transition (s.122) but expire after 1 year.
Sexual harassment proceedings bar multiples: S.51BZD prohibits FW/anti-discrimination actions if s.29 referral or s.83E application made (and vice versa), unless withdrawn/fails for jurisdiction. Gotcha: vicarious liability (s.51BS) applies if employer fails reasonable steps; s.51BZC(2) allows compensation in enforcement, but s.51BU 24-month limit for proceedings (dismissal power s.51BU).
Serious contraventions double penalties but shift proof: S.83EA defines "knowingly" or "reckless" (s.83EA(2)-(4)); body corporates liable for authorisation (s.83EA(3)). Gotcha: court can downgrade to standard penalty if not satisfied of seriousness (s.83EA(8)); s.83EB onus on employer if records not kept (rebuttable with excuse).
EEA "in order" is a minefield: Schedule 4 cl.1 lists 10 requirements; s.97UG pre-lodgment info (5/14 days) is mandatory (cl.1(1)(d)). Gotcha: s.97VE allows revision for deficiencies (notice under s.97VD), but appeal under s.97VM is to commissioner (not Full Bench); s.97WQ means magistrate not bound by arbitrator's interpretation (s.97WN).
Costs and onus surprises: No costs against officials (s.107, transitional s.127 deletes awards under old s.107). But s.83C(2) and s.91A(2) allow costs for serious contraventions or frivolous actions. Onus shifts (ss.24A, 83EB, 97YH for s.97YF) are often overlooked.
Offshore and police quirks: S.3 applies Act to offshore industry with connections (averment proof s.3(4)); Schedule 3 cl.2 excludes certain police matters (s.23(3)(d) limits). Gotcha: s.115 applies Act with modifications; Western Australian Police Union has special status (Schedule 3 cl.3).

These justify subscription: e.g. missing s.49P(2)(c) conviction types voids permits; s.36AH redeployment limit surprises in discipline reviews. All from text—no invention.

How to comply

Employers:

Assess coverage: Determine if national system (Part 2AA declaration if eligible) or state (s.7 definitions; s.37A-37C for awards). For public sector, comply with s.36AA industrial matters.
Meet minima: Incorporate MCE Act/LSL Act (s.51B); use s.50A State Wage orders. Keep 7-year records/pay slips (ss.49D-49DA; onus s.83EB).
Bargain/negotiate: Good faith for agreements (s.42B; code s.42C). Offer EEA alternatives (s.97YB, except supported wage s.97YA). Provide info statements (s.97UG).
Prevent issues: Train on bullying/harassment (Div 3AA); allow right of entry with permits (Div 2G, show on request s.49L). No sham contracting (ss.97D-97G) or damaging action (s.97A).
For EEAs: Ensure in order (Schedule 4: no-disadvantage s.97VS, dispute provisions s.97UN). Lodge within 21 days (s.97UY); register before effect for existing employees (s.97UR).
Comply with orders: Respond to notices (compliance s.84Q, undertakings s.84M). Pay penalties/compensation promptly (ss.83-83B, 83E-83EB).
Record and audit: Annual accounts (s.65); auditor reports on s.74 duties (s.75).

Employees/unions:

Refer matters promptly: 28 days for dismissals/ decisions (s.29(2)); Commission can extend if unfair (s.29(3)). Use s.29(1) for claims.
Use representation: Unions as parties (s.29(1)(b)); bargaining agents (s.97UJ). Appear via s.31.
Document everything: Request records (s.49E); report breaches for penalties (s.83E applications).
For harassment/bullying: Apply for stop orders (ss.51BJ, 51BT); note 24-month limit (s.51BU) and multiples bar (s.51BZD).
EEAs: Review info (s.97UG, 14/5 days); appoint agent (s.97UJ); appeal refusal (s.97VM, 14 days).

Compliance steps (expert checklist):

Audit annually: Check awards/agreements coverage (s.37-37D); update for State Wage (s.50A).
Train managers: On s.97A (no damaging action), s.40B(1)(c) (no discrimination in awards), and s.42B good faith.
Use templates: For EEAs, include model dispute provisions (s.97UO(5)); ensure s.97UG compliance to avoid Schedule 4 refusal.
Respond to notices: For s.84Q compliance notices, act within time or apply review (s.84U, 14 days implied).
Seek declarations: Under s.46 for award interpretation; s.24 for what is "industrial matter".
For organisations: Maintain rules (s.62), accounts (s.65), and no overlapping (s.6(e)); use s.69 for elections.
Monitor transitions: Post-2021/2024 amendments, review private sector awards (s.117 transitional); public sector claims now direct to Commission (Div 2AA).
Penalties risk: Cap at 6 years (s.82A); serious doubles (s.83EA). Use undertakings (s.84M) to mitigate.

Non-compliance risks penalties (up to $930k corporate serious), compensation, and reputational harm. Consult Commission resources (s.16 reports) and Industrial Gazette (s.93(3)). For complex EEAs/public sector, engage registered agents (s.112A). All steps directly from provisions (e.g. s.29(2) timelines; s.49N application process).