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).