Industrial Relations (Employer-employee Agreements) Regulations 2002 (Western Australia)

CrestWestern Australia

Industrial Relations Act 1979

Industrial Relations (Employer-employee Agreements) Regulations 2002

Western Australia

Industrial Relations (Employer-employee Agreements) Regulations 2002

Contents

Part 1 — Preliminary

Citation 1
Commencement 1

Part 2 — Definition of “relevant order”

Definitions 2
Orders prescribed for definition of “relevant order” 2

Part 3 — Disputes

Division 1 — Requirements for EEA dispute provisions

Purpose of this Division 4
Definitions 4
Notice of dispute 4
Settlement agreement 4
Notice of proposed arbitrator 5
Notice of proposed arbitrator where specified arbitrator not available 5
Notice of a proposed arbitrator may be given once only 6
Referral of dispute for arbitration 7
Default appointment 7
Time for making default appointment 8

Division 2 — Referral for arbitration by Commission

Subdivision 1 — Preliminary

Purpose of this Division 8
Definitions 8

Subdivision 2 — Filing of documents

Application 9
Presentation at office 9
Registered post 9
Facsimile transmission 9
Electronic data transmission 10
Agent may act for a party 11
General requirements for documents 11
Register 11

Subdivision 3 — Referral for arbitration

How referral made 12
Service of form of referral 12
Answer 13

Subdivision 4 — Other provisions as to service

Service by electronic means 13
Service on agent 14
Proof of service 14

Subdivision 5 — General

Application for and notice of hearing 14
Access to order and determinations 15

Division 3 — Other provisions relating to disputes

Model EEA dispute provisions 15
Limit on arbitration costs to be borne by employee 16
Lodgment by arbitrator of order or determination 17
Failure of arbitrator to lodge order or determination 18

Part 4 — Countersigning of EEA made with minor

Purpose of this Part 19
Definitions 19
Classes prescribed 19
Circumstances prescribed 20

Part 5 — Lodgment of EEAs for registration

Division 1 — Requirements for lodgment

This Part to be complied with 21
Registrar to approve forms 21
Lodgment by employer 21
Lodgment by employee 22
Lodgment of revised EEA 22
Other requirements 23
Extension of time if office of Registrar closed 23

Division 2 — Methods of lodgment

Application of this Division 23
Presentation at office 24
Registered post 24
Facsimile transmission 24
Electronic data transmission 25

Part 6 — Section 97XT of the Act: restrictions on inspection of register

Registrar to be satisfied of reason for inspection 26
Protected information 26

Schedule 1 — Filing or lodgment of documents by electronic data transmission

Requirements for electronic data transmission 27
Documents required for service 27
Paper copy of document to be kept 28

Schedule 2 — Requirements for contents of approved forms

Form of referral to Commission 29
Form of statement of service 29
Form for lodgment of order or determination of arbitrator 29
Form for lodgment of EEA for registration 30
Form of employer’s statement 30
Form of employee’s statement 31
Form for lodgment of revised EEA under section 97VE of the Act 32
Form for lodgment of revised EEA under section 97VO of the Act 32

Schedule 3 — Model EEA dispute provisions

Division 1 — Model provisions where —

 the Commission is not the arbitrator of disputes; and

 the employee is not a represented person

Subdivision 1 — Preliminary

Definitions 33
Joint arbitrations not affected 33
Commercial Arbitration Act 2012 not applicable 33

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute 34
Withdrawal of notice 34
Parties must try to settle dispute 34
Settlement agreement 34

Subdivision 3 — Appointment of arbitrator

Arbitrator specified 35
Appointment by agreement 35
Default appointment 36
Appointment of substitute arbitrator 37

Subdivision 4 — Referral for arbitration

Referral available only if there is an arbitrator 38
Joint referral at any time 38
Referral to arbitration within 42 days after notice given 38
How referral made 38

Subdivision 5 — Arbitration proceedings

Hearings 39
Proceedings to be informal and speedy 39
Absence of party 39
General power of arbitrator as to proceedings 39

Subdivision 6 — Costs of arbitration

Arbitrator’s services 40
Costs of representation 40

Division 2 — Model provisions where —

 the Commission is not the arbitrator of disputes; and

 the employee is a represented person

Subdivision 1 — Preliminary

Definitions 41
Joint arbitrations not affected 41
Commercial Arbitration Act 2012 not applicable 41

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute 41
Withdrawal of notice 42
Parties must try to settle dispute 42
Settlement agreement 42

Subdivision 3 — Appointment of arbitrator

Named arbitrator 43
Appointment by agreement 43
Default appointment 44
Appointment of substitute arbitrator 45

Subdivision 4 — Referral for arbitration

Referral available only if there is an arbitrator 46
Joint referral at any time 46
Referral to arbitration within 42 days after notice given 46
How referral made 46

Subdivision 5 — Arbitration proceedings

Hearings 47
Proceedings to be informal and speedy 47
Absence of party 47
General power of arbitrator as to proceedings 47

Subdivision 6 — Costs of arbitration

Arbitrator’s services 48
Costs of representation 48

Division 3 — Model provisions where —

 the Commission is the arbitrator of disputes; and

 the employee is not a represented person

Subdivision 1 — Preliminary

Definitions 49
Joint arbitrations not affected 49
Commercial Arbitration Act 2012 not applicable 49

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute 49
Withdrawal of notice 49
Parties must try to settle dispute 50
Settlement agreement 50

Subdivision 3 — Referral for arbitration

Joint referral at any time 50
Referral to arbitration within 42 days after notice given 51
How referral to be made 51

Subdivision 4 — Arbitration proceedings

Hearings 51
Proceedings to be informal and speedy 52
Absence of party 52
General powers as to proceedings 52

Division 4 — Model provisions where —

 the Commission is the arbitrator of disputes; and

 the employee is a represented person

Subdivision 1 — Preliminary

Definitions 53
Joint arbitrations not affected 53
Commercial Arbitration Act 2012 not applicable 53

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute 53
Withdrawal of notice 54
Parties must try to settle dispute 54
Settlement agreement 54

Subdivision 3 — Referral for arbitration

Joint referral at any time 55
Referral to arbitration within 42 days after notice given 55
How referral to be made 55

Subdivision 4 — Arbitration proceedings

Hearings 56
Proceedings to be informal and speedy 56
Absence of party 56
General powers as to proceedings 56

Notes

Compilation table 58

Defined terms

Western Australia

Industrial Relations Act 1979

Industrial Relations (Employer-employee Agreements) Regulations 2002

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Industrial Relations (Employer-employee Agreements) Regulations 2002.

2. Commencement

These regulations come into operation on the day on which section 4 of the Labour Relations Reform Act 2002 comes into operation.

Part 2 — Definition of “relevant order”

3. Definitions

In this Part —

General 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;

prescribed means prescribed for the purposes of the definition of “relevant order” in section 97VR of the Act.

4. Orders prescribed for definition of “relevant order”

(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.

(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 —

(a) the General Order relating to long service leave —

(i) made by the Commission on 27 January 1978; and

(ii) published in the Industrial Gazette on 22 February 1978 at page 120,

and the Schedule attached to that order published in the Industrial Gazette on 25 January 1978 at pages 1 to 6;

(b) the General Order relating to location allowances in private awards —

(i) made by the Commission on 21 June 2002; and

(ii) published in the Industrial Gazette on 24 July 2002 at pages 1185 to 1188***;***

(i) made by the Commission on 16 December 1985; and

(ii) published in the Industrial Gazette on 26 March 1986 at pages 319 to 321***;***

(d) the General Order relating to location allowances in Government awards —

(i) made by the Commission on 16 April 1991; and

(ii) published in the Industrial Gazette on 28 August 1991 at pages 2007 to 2009***;***

(e) the Western Australian Government Employees Redeployment, Retraining and Redundancy General Order —

(i) made by the Commission on 12 November 1993; and

(ii) published in the Industrial Gazette on 23 March 1994 at pages 552 to 556***.***

(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 —

(a) the employer gives documents to the employee for the purposes of section 97UG of the Act; or

(b) a determination is required to be made for the purposes of section 97VS(4) or (5) of the Act,

as the case may require.

Part 3 — Disputes

Division 1 — Requirements for EEA dispute provisions

5. Purpose of this Division

This Division specifies —

(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

(b) for the purposes of section 97UO(2)(c) of the Act, the time limits that such provisions may allow for taking certain steps.

6. Definitions

(1) In this Division —

dispute means a question, dispute or difficulty that arises out of or in the course of employment under an EEA.

(2) If an employee is a represented person, references in this Division to “employee” and “party” include the employee’s representative.

7. Notice of dispute

All 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 —

(a) stating that fact; and

(b) setting out a brief description of the dispute.

8. Settlement agreement

All EEA dispute provisions must provide to the effect that if —

(a) notice of a dispute is given by an employer or an employee; and

(b) the employer and employee settle the dispute by agreement,

the terms of the settlement must be recorded in a written agreement that is signed by both parties.

9. Notice of proposed arbitrator

(1) This regulation applies to EEA dispute provisions that do not name or designate an arbitrator to whom a dispute is to be referred.

(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 —

(a) the name of a person that he or she wishes to act; or

(b) the names of several persons one of whom he or she wishes to act,

as arbitrator of the dispute.

(3) The provisions must also indicate that if —

(a) notice of a proposed arbitrator is given under a provision of the kind described in subregulation (2); and

(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,

provisions of the kind described in regulations 13(1) and 14(a) will apply to enable a default appointment to be made.

10. Notice of proposed arbitrator where specified arbitrator not available

(1) This regulation applies to EEA dispute provisions that name or designate an arbitrator to whom a dispute is to be referred.

(2) All such provisions must provide to the effect if —

(a) notice of a dispute is given under a provision of the kind described in regulation 7; and

(b) no named or designated arbitrator is available and willing to act,

the employer or the employee may give notice in writing to the other party (notice of a proposed arbitrator**)** setting out —

(d) the names of several persons one of whom he or she wishes to act,

as arbitrator of the dispute.

(3) The provisions must also indicate that if —

(a) notice of a proposed arbitrator is given under a provision of the kind described in subregulation (2); and

(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,

provisions of the kind described in regulations 13(2) and 14(a) will apply to enable a default appointment to be made.

11. Notice of a proposed arbitrator may be given once only

All EEA dispute provisions must provide to the effect that after a notice of a proposed arbitrator has been given in relation to a dispute —

(a) the provision for the giving of such a notice ceases to apply to that dispute; and

(b) neither party can give another notice of a proposed arbitrator.

12. Referral of dispute for arbitration

(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.

(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 —

(a) it is not settled by agreement; and

(b) the terms of the settlement are not recorded in a written agreement that is signed by both parties,

within 42 days from the day on which notice of the dispute was given under a provision of the kind described in regulation 7.

13. Default appointment

(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 —

(a) the appointment of an arbitrator of a dispute; or

(b) a means of having an arbitrator appointed,

(“a default appointment”) in the event that the employer and the employee cannot agree on the person who is to act.

(2) All EEA dispute provisions that name or designate an arbitrator to whom a dispute is to be referred must make provision for —

(a) the appointment of an arbitrator of a dispute; or

(b) a means of having an arbitrator appointed,

(“a default appointment”) in the event that no arbitrator named or designated in the EEA dispute provisions is available and willing to act.

14. Time for making default appointment

All 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 —

(a) 7 days after a notice of the kind described in regulation 9 or 10 was given in respect of the dispute; or

(b) 42 days from the day on which notice of the dispute was given under a provision of the kind described in regulation 7,

whichever is the sooner.

Division 2 — Referral for arbitration by Commission

[Heading amended: SL 2025/12 r. 4.]

Subdivision 1 — Preliminary

15. Purpose of this Division

This Division makes provision for —

(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

(b) certain related matters.

[Regulation 15 amended: SL 2025/12 r. 5.]

16. Definitions

In this Division —

agent means —

(a) a bargaining agent; or

(b) a legal practitioner;

dispute means a question, dispute or difficulty that arises out of or in the course of employment under an EEA;

party means the employer or the employee under the EEA concerned, and includes the representative of an employee who is a represented person;

referral means a referral under regulation 25.

Subdivision 2 — Filing of documents

17. Application

This Subdivision applies to the filing of a form of referral or other document mentioned in this Division.

18. Presentation at office

A 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.

19. Registered post

(1) A document may be sent by registered post addressed to the office of the Registrar.

(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.

20. Facsimile transmission

(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 —

(a) the name, address and telephone number of the sender; and

(b) the number of pages sent, including the cover sheet.

(2) If so sent, the document is to be treated as having been filed —

(a) on the day of transmission, if —

(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and

(ii) the document is generated by 5.00 p.m. on that day on a facsimile machine in the office of the Registrar;

(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.

(3) Subregulation (2) does not apply if the Registrar is of the opinion that —

(a) the whole of every document was not received; or

(b) any part of a document is not legible.

21. Electronic data transmission

(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.

(2) A document so sent is to be treated as having been filed —

(a) on the day of sending, if —

(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and

(ii) by 5.00 p.m. on that day the document becomes capable of being printed as mentioned in Schedule 1 clause 1(d);

(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.

22. Agent may act for a party

(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.

(2) A document filed or lodged by an agent is to be —

(a) filed or lodged in the name of the party; and

(b) endorsed with the name of the agent and the fact that the agent is acting on behalf of the party.

23. General requirements for documents

(1) A document may be excluded from filing if it —

(a) is not in the form required by this Division;

(b) is not legible in whole or in part; or

(2) Subregulation (1) is not limited by regulation 19(2), 20(2) or 21(2).

24. Register

(1) The Registrar is to keep a register of referrals.

(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.

Subdivision 3 — Referral for arbitration

25. How referral made

(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 —

(a) a referral in the form approved by the Registrar for the purposes of this regulation; and

(b) a copy of the EEA.

(2) The approved form of referral is to be in accordance with Schedule 2 clause 1.

(3) A referral may be made by one of the parties or by the parties jointly.

(4) Without limiting regulation 22(1), a form of referral is to be signed by the referring party or parties.

(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.

[Regulation 25 amended: SL 2025/12 r. 6.]

26. Service of form of referral

(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.

(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.

27. Answer

Where one party makes a referral the other party must within 21 days of being served with the form of referral —

(a) file a notice setting out particulars of the party’s answer; and

(b) serve a copy of the notice on the other party.

Subdivision 4 — Other provisions as to service

28. Service by electronic means

(1) A form of referral or other document relating to an arbitration under this Division may be served on a person —

(a) by sending it by facsimile transmission to a facsimile number provided by the person accompanied by a cover sheet showing —

(i) the name and address of the sender; and

(ii) the number of pages sent including the cover sheet;

(b) by sending it by electronic mail —

(i) to an address provided by the person; and

(ii) in an electronic format that enables it to be printed by the person.

(2) A document sent in accordance with this regulation, is taken to have been served at the time when it was sent.

(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.

29. Service on agent

(1) A person who is —

(a) a party; or

(b) the agent of a party,

may 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.

(2) If such a notice is given service of a document relating to the arbitration may be effected on the agent.

30. Proof of service

(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.

(2) The approved form is to be in accordance with Schedule 2 clause 2.

(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.

Subdivision 5 — General

31. Application for and notice of hearing

(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.

(2) On the making of such an application the Commission is to —

(a) fix a time and place for the hearing; and

(b) give each party at least 7 days’ notice of that time and place.

(3) Despite subregulation (1) —

(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

(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.

[Regulation 31 amended: SL 2025/12 r. 9.]

32. Access to order and determinations

Every order or determination made by the Commission for the purposes of an arbitration to which this Division applies —

(a) is to be sealed with the seal of the Commission;

(b) is to be deposited in the office of the Registrar in a sealed envelope; and

(i) a party concerned in the arbitration; or

(ii) a person who obtains the approval of the Commission to inspect the order or determination.

[Regulation 32 amended: SL 2025/12 r. 9.]

Division 3 — Other provisions relating to disputes

33. Model EEA dispute provisions

(1) The model EEA dispute provisions referred to in this regulation are prescribed for the purposes of section 97UN(4) of the Act.

(2) The model provisions set out in Schedule 3 Division 1 are prescribed for cases where —

(a) under the EEA dispute provisions the Commission is not the arbitrator of disputes; and

(b) the employee under the EEA is not a represented person.

(3) The model provisions set out in Schedule 3 Division 2 are prescribed for cases where —

(a) under the EEA dispute provisions the Commission is not the arbitrator of disputes; and

(b) the employee under the EEA is a represented person.

(4) The model provisions set out in Schedule 3 Division 3 are prescribed for cases where —

(a) under the EEA dispute provisions the Commission is the arbitrator of disputes; and

(b) the employee under the EEA is not a represented person.

(5) The model provisions set out in Schedule 3 Division 4 are prescribed for cases where —

(a) under the EEA dispute provisions the Commission is the arbitrator of disputes; and

(b) the employee under the EEA is a represented person.

(6) In this regulation and Schedule 3, a reference to the Commission is a reference to the Commission constituted by a commissioner.

[Regulation 33 amended: SL 2025/12 r. 7 and 9.]

34. Limit on arbitration costs to be borne by employee

(1) This regulation applies to a provision of EEA dispute provisions that —

(a) provides for; or

(b) confers a power to determine,

how the costs of an arbitration are to be borne.

(2) The provision cannot have effect, or the power cannot be exercised, so as to result in the employee being liable for more than —

(a) one half of the costs of an arbitration; or

(b) the maximum amount,

whichever is the lesser.

(3) In this regulation —

costs of an arbitration does not include any cost relating to the representation of a party in arbitration proceedings;

maximum 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.

35. Lodgment by arbitrator of order or determination

(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.

(2) The arbitrator must lodge —

(a) a signed copy of the order or determination in the office of the Registrar; and

(b) a duly completed lodgment form as approved by the Registrar for the purposes of this regulation.

(3) The approved lodgment form is to be in accordance with Schedule 2 clause 3.

(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.

36. Failure of arbitrator to lodge order or determination

(1) This regulation applies if the arbitrator who made an order or determination —

(a) has died;

(b) is incapable of complying with subsection (2) of section 97WP of the Act; or

(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.

(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.

Part 4 — Countersigning of EEA made with minor

37. Purpose of this Part

This 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.

38. Definitions

In this Part —

countersign means sign the EEA after it has been signed by the employee, as mentioned in section 97UM(2) of the Act;

legal 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;

relative means —

(a) a person who has at least one parent in common with the employee;

(b) a grandparent;

[Regulation 38 amended: Gazette 30 Jun 2003 p. 2608.]

39. Classes prescribed

The 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 —

(a) are relatives of; or

(b) have a close personal relationship with,

the employee.

40. Circumstances prescribed

The circumstances in which a person who belongs to a class referred to in regulation 39 may countersign an EEA are —

(a) where there is for the time being no legal guardian of the employee;

(b) where the legal guardian cannot, after reasonable enquiry, be found or contacted;

(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;

(d) where the legal guardian has unreasonably refused —

(i) to act under section 97UM(2); or

(ii) to countersign the EEA;

(e) where the legal guardian is physically or mentally incapable of acting under section 97UM(2).

Part 5 — Lodgment of EEAs for registration

Division 1 — Requirements for lodgment

41. This Part to be complied with

A 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.

42. Registrar to approve forms

The Registrar is to approve —

(a) a lodgment form in accordance with Schedule 2 clause 4;

(b) a form of employer’s statement in accordance with Schedule 2 clause 5;

(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

(d) a form of employee’s statement in accordance with Schedule 2 clause 6 for cases where the employee is a represented person.

43. Lodgment by employer

(1) If the lodging party is the employer he or she must lodge in the office of the Registrar —

(a) the lodgment form accompanied by a signed copy of the EEA; and

(b) the employer’s statement.

(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.

44. Lodgment by employee

(1) If the lodging party is the employee he or she must lodge in the office of the Registrar —

(a) the lodgment form accompanied by a signed copy of the EEA; and

(b) the employee’s statement.

(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.

45. Lodgment of revised EEA

(1) This regulation applies where the parties wish to lodge a revised EEA —

(a) with the Registrar under section 97VE of the Act; or

(b) with the Commission under section 97VO of the Act.

(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.

(3) The Registrar is to approve —

(a) a lodgment form in accordance with Schedule 2 clause 7 for the purposes of section 97VE of the Act; and

(b) a lodgment form in accordance with Schedule 2 clause 8 for the purposes of section 97VO of the Act.

[Regulation 45 amended: SL 2025/12 r. 9.]

46. Other requirements

The Registrar or the Commission may refuse to accept an EEA or a revised EEA for lodgment if it or any accompanying form —

(a) is not clearly written or typed on one side only of the page; or

(b) is not in the English language.

[Regulation 46 amended: SL 2025/12 r. 9.]

47. Extension of time if office of Registrar closed

(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 —

(a) it is lodged; or

(b) it is treated under Division 2 as being lodged,

on the first day after that day on which the office is open to the public for the transaction of business.

(2) In subregulation (1) —

last day for lodgment means —

(a) in the case of an EEA, the last day on which it may be lodged under section 97UY(2) of the Act; and

(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.

Division 2 — Methods of lodgment

48. Application of this Division

(1) This Division applies to the lodgment of the documents referred to in regulations 43, 44 and 45.

(2) Nothing in regulation 50(2), 51(2) or 52(2) is to be read as limiting section 97UY(3) of the Act.

49. Presentation at office

The 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.

50. Registered post

(1) The documents may be sent by registered post addressed to the office of the Registrar.

(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.

51. Facsimile transmission

(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 —

(a) the name, address and telephone number of the sender; and

(b) the number of pages sent, including the cover sheet.

(2) If so sent, the documents are to be treated as having been lodged —

(a) on the day of transmission, if —

(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and

(ii) every document sent is generated by 5.00 p.m. on that day on a facsimile machine in the office of the Registrar;

(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.

(3) Subregulation (2) does not apply if the Registrar is of the opinion that —

(a) the whole of every document was not received; or

(b) any part of a document is not legible.

52. Electronic data transmission

(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.

(2) If so sent, the documents are to be treated as having been lodged —

(a) on the day of sending, if —

(i) that is on a day on which the office of the Registrar is open to the public for the transaction of business; and

(ii) by 5.00 p.m. on that day the documents become capable of being printed as mentioned in Schedule 1 clause 1(d);

(b) otherwise on the next day on which the office of the Registrar is open to the public for the transaction of business.

Part 6 — Section 97XT of the Act: restrictions on inspection of register

53. Registrar to be satisfied of reason for inspection

Before 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.

54. Protected information

(1) Section 97XT(4) does not include the inspection of protected information that is recorded in the register kept under that section.

(2) In subregulation (1) —

protected information means —

(a) the address of a person who is or has been a represented person or a representative;

(b) a certificate referred to in section 97WW(3) of the Act; and

(c) any information relating to the disability, medical condition or medical history of a person who is or has been a represented person.

Schedule 1 — Filing or lodgment of documents by electronic data transmission

[r. 21, 52]

Requirements for electronic data transmission

A document may be sent to the office of the Registrar by electronic data transmission if —

(a) it is sent —

(i) to an email address approved by the Registrar; or

(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;

(b) it is in an electronic format approved by the Registrar for the acceptance of electronic documents at the office of the Registrar;

(d) it is capable of being printed in the office of the Registrar in its entirety, including any signatures; and

(e) it is accompanied by a cover sheet, clearly stating —

(i) the sender’s name, postal address and telephone number;

(ii) if applicable, the sender’s document exchange number, facsimile number and email address; and

(iii) the processing of the document required.

Documents required for service

(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 —

(a) make one copy of the document for that purpose;

(b) if the sender requests that the document be held for collection, hold it for collection for 7 days; and

(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 —

(i) by electronic data transmission to the email address stated on the cover sheet; or

(ii) if there is no email address stated, to the postal address stated on the cover sheet.

(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.

Paper copy of document to be kept

(1) A person who sends a document to the office of the Registrar by electronic data transmission must —

(a) keep a paper copy of the document; and

(b) produce the paper copy of the document as directed by the Registrar.

(2) If the Registrar directs that the paper copy of the document be produced, the first page must be endorsed with —

(a) a statement that the paper copy is a true copy of the document sent by electronic data transmission; and

(b) the date that the document was sent by electronic data transmission.

Schedule 2 — Requirements for contents of approved forms

[r. 25(2), 30(2), 35(3), 42, 45]

Form of referral to Commission

The form of referral under regulation 25(1) is to provide for —

(a) a referral to be made by one of the parties or by the parties jointly; and

(b) the giving of information as to —

(i) the provision or provisions of the EEA under which the dispute has arisen; and

(ii) the nature of the dispute.

Form of statement of service

The form of statement of service under regulation 30 is to provide for the giving of information as to —

(a) the name of the party or agent served;

(b) the method of service; and

(i) the postal address, email address or facsimile number to which the document was sent; or

(ii) the place at which service was effected.

Form for lodgment of order or determination of arbitrator

The lodgment form under regulation 35 is to provide for —

(a) the lodgment of a signed copy of the order or determination;

(b) the giving of information to identify the employer, the employee and the arbitrator;

Form for lodgment of EEA for registration

The lodgment form under regulation 42(a) is to provide for —

(a) the lodgment of a signed copy of the EEA; and

(b) the date of execution of the EEA to be stated.

Form of employer’s statement

(1) The form of employer’s statement under regulation 42(b) is to comply with this clause.

(2) The form is to provide for the giving of information relating to —

(a) the employer;

(b) the employer’s business;

(d) the employee’s conditions of employment,

so 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.

(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.

(4) The form is to require the employer —

(a) to specify what documents, or where permitted summaries of documents, were given for the purposes of section 97UG(1) of the Act; and

(b) to state that section 97UG(4) of the Act was complied with.

(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.

(6) The form is to provide for the employer —

(a) to specify any award or relevant order that was applied for the purposes of the no‑disadvantage test; and

(b) to identify any application made by the employer under section 97VT of the Act.

(7) The form is to provide for information to be given in relation to any bargaining agent of the employer.

(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.

Form of employee’s statement

(1) The form of employee’s statement under regulation 42(c) or 42(d) is to comply with this clause.

(2) The form is to provide for the giving of information relating to —

(a) the employee;

(b) the employee’s conditions of employment; and

so 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.

(3) The form is to require —

(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

(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.

(4) The form is to require the employee or, in the case of the form under regulation 42(d), the representative —

(a) to specify what documents, or where permitted summaries of documents, were given for the purposes of section 97UG(1) of the Act;

(b) to state that section 97UG(4) of the Act was complied with; and

(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.

(5) The form is to provide for information to be given in relation to any bargaining agent of the employee.

(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.

Form for lodgment of revised EEA under section 97VE of the Act

The lodgment form under regulation 45(3)(a) is to provide for —

(a) the lodgment of a signed copy of the revised EEA by the parties;

(b) the date of execution of the revised EEA to be stated;

(d) a statement of the manner in which the revised EEA differs from the original EEA.

Form for lodgment of revised EEA under section 97VO of the Act

The lodgment form under regulation 45(3)(b) is to provide for —

(a) the lodgment of a signed copy of the revised EEA by the parties;

(b) the date of execution of the revised EEA to be stated;

(d) a statement of the manner in which the revised EEA differs from the EEA to which the appeal relates.

[Clause 8 amended: SL 2025/12 r. 9.]

Schedule 3 — Model EEA dispute provisions

[r. 33, 41]

Division 1 — Model provisions where —

the Commission is not the arbitrator of disputes; and
the employee is not a represented person

[Heading amended: SL 2025/12 r. 9.]

Note for this Division:

Part VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.

Subdivision 1 — Preliminary

Definitions

In these provisions —

dispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;

dispute notice means a notice under clause 4;

notice of a proposed arbitrator means a notice under clause 9(2).

Joint arbitrations not affected

These 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).

Commercial Arbitration Act 2012 not applicable

The Commercial Arbitration Act 2012 does not apply to the arbitration of a dispute.

[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute

If the employer or the employee considers that a dispute has arisen, he or she may give a written notice to the other party —

(a) stating that fact; and

(b) setting out a brief description of the dispute.

Withdrawal of notice

The employer or the employee may at any time withdraw a dispute notice by giving written notice of the withdrawal —

(a) to the other party; and

(b) if the dispute has been referred for arbitration, to the arbitrator.

Parties must try to settle dispute

(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.

(2) Initially this may be done by discussion between the employee and the employee’s immediate supervisor.

(3) However —

(a) if the dispute is not settled in those discussions; and

(b) there is a person in a management position above the immediate supervisor,

that person must have discussions with the employee and they must attempt to settle the dispute.

Settlement agreement

If —

(a) a dispute notice has been given; and

(b) the parties settle the dispute by agreement,

the terms of the settlement must be recorded in a written agreement that is signed by both parties.

Subdivision 3 — Appointment of arbitrator

Arbitrator specified

The arbitrator of any dispute is to be

................................................................................................................

…............................................................................................................
(insert name, address and occupation of arbitrator)

or if he or she is for any cause unable to act the arbitrator is to be

................................................................................................................

................................................................................................................
(insert name, address and occupation of alternative arbitrator)

Note for this clause:

Instead of a named person, the holder of a designated office could be inserted.

Appointment by agreement

(1) This clause only applies if the EEA does not name or designate any arbitrator of disputes.

(2) If a dispute notice has been given, the employer or the employee may give to the other party notice of a proposed arbitrator.

(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.

(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.

(5) If notice of a proposed arbitrator —

(a) has not been given; or

(b) has been given later than 35 days after the dispute notice was given,

the parties must agree on and appoint an arbitrator within 42 days after the dispute notice was given.

(6) A notice under subclause (2) may either —

(a) name a person that the party wishes to act; or

(b) give the names of several persons one of whom the party wishes to act,

as arbitrator of the dispute.

Default appointment

(1) If this subclause applies, the arbitrator is to be a person appointed by

….........................................................................................................
(designate an independent office‑holder)

Note for this subclause:

For 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.

(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.

(3) Subclause (1) also applies if —

(a) notice of a proposed arbitrator —

(i) has not been given; or

(ii) has been given later than 35 days after the dispute notice was given;

and

(b) the employer and the employee have not appointed an arbitrator within 42 days after the dispute notice was given.

(4) Subclause (1) also applies if —

(a) the arbitrator of disputes is named or designated in these provisions; but

(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.

(5) Subclause (1) also applies if —

(a) a dispute has been referred for arbitration;

(b) the arbitrator dies or becomes incapable of conducting the arbitration; and

(6) If an arbitrator appointed under subclause (1), before he or she enters the arbitration —

(a) dies;

(b) becomes incapable of conducting the arbitration; or

a further appointment is to be made under that subclause.

Appointment of substitute arbitrator

(1) This clause applies if —

(a) a dispute has been referred for arbitration; and

(b) an arbitrator —

(i) named or designated in these provisions; or

(ii) appointed by the parties,

before he or she has entered on the arbitration —

(iii) dies;

(iv) becomes incapable of conducting the arbitration; or

(v) is unavailable or unwilling to act.

(2) This clause also applies if —

(a) a dispute has been referred for arbitration; and

(b) after the arbitrator has entered on the arbitration, he or she dies or becomes incapable of completing the arbitration.

(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.

(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.

Subdivision 4 — Referral for arbitration

Referral available only if there is an arbitrator

A dispute may be referred for arbitration only if —

(a) an arbitrator named or designated in these provisions is available and willing to act; or

(b) an arbitrator has been appointed under clause 9 or 10.

Joint referral at any time

The 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.

Referral to arbitration within 42 days after notice given

Either the employer or the employee may refer a dispute for arbitration if —

(a) it is not settled by agreement; and

(b) the terms of the settlement are not recorded as required by clause 7,

within 42 days from the day on which the dispute notice was given.

How referral made

(1) A dispute is referred for arbitration by the giving of notice in writing to the arbitrator that the dispute is referred.

(2) A notice under subclause (1) must —

(a) state the nature of the dispute; and

(b) be accompanied by a copy of the EEA.

(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.

Subdivision 5 — Arbitration proceedings

Note for this Subdivision:

Powers are also conferred on an arbitrator by section 97WM of the Act.

Hearings

(1) An arbitration hearing is to be in private.

(2) An arbitrator may give directions as to the persons who may be present at a hearing.

(3) An arbitrator may determine that a hearing is to be conducted by —

(a) telephone;

(b) closed circuit television; or

Proceedings to be informal and speedy

An arbitrator —

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) must act as speedily as the proper consideration of the dispute allows.

Absence of party

An arbitrator may hear and determine a dispute in the absence of a party who has been given notice of the hearing.

General power of arbitrator as to proceedings

Subject to these provisions, an arbitrator may —

(a) give directions as to any matter of procedure;

(b) give any direction that in his opinion may assist in clarifying the issues in dispute between the parties; and

Subdivision 6 — Costs of arbitration

Arbitrator’s services

(1) The cost of the services of an arbitrator is to be borne —

(a) by the employee, as to —

(i) one half; or

(ii) the maximum amount,

whichever is the lesser; and

(b) as to the balance, by the employer.

(2) In this clause —

maximum 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.

Note for this clause:

This clause would not apply where, under section 97WL of the Act 2 or more employees are involved in an arbitration.

Costs of representation

An employer or an employee is to bear his or her own costs of representation in arbitration proceedings.

Division 2 — Model provisions where —

the Commission is not the arbitrator of disputes; and
the employee is a represented person

[Heading amended: SL 2025/12 r. 9.]

Note for this Division:

Part VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.

Subdivision 1 — Preliminary

Definitions

In these provisions —

dispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;

dispute notice means a notice under clause 4;

party includes a representative where the context so requires;

notice of a proposed arbitrator means a notice under clause 9(2).

Joint arbitrations not affected

Commercial Arbitration Act 2012 not applicable

The Commercial Arbitration Act 2012 does not apply to the arbitration of a dispute.

[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute

If the employer, the employee or the representative considers that a dispute has arisen, he or she may give a written notice —

(a) stating that fact; and

(b) setting out a brief description of the dispute,

to the employee and his or her representative or to the employer, as the case may require.

Withdrawal of notice

(1) A dispute notice may be withdrawn at any time by the giving of written notice of withdrawal —

(a) to each person to whom the dispute notice was given; and

(b) if the dispute has been referred for arbitration, to the arbitrator.

(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.

Parties must try to settle dispute

(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.

(2) Initially this may be done by discussion between the employee, the representative and the employee’s immediate supervisor.

(3) However —

(a) if the dispute is not settled in those discussions; and

(b) there is a person in a management position above the immediate supervisor,

that person must have discussions with the employee and the representative and they must attempt to settle the dispute.

Settlement agreement

If —

(a) a dispute notice has been given; and

(b) the employer, the employee and the representative settle the dispute by agreement,

the terms of the settlement must be recorded in a written agreement that is signed by the employer and the representative.

Subdivision 3 — Appointment of arbitrator

Named arbitrator

The arbitrator of any dispute is to be

................................................................................................................

…............................................................................................................
(insert name, address and occupation of arbitrator)

or if he or she is for any cause unable to act the arbitrator is to be

................................................................................................................

................................................................................................................
(insert name, address and occupation of alternative arbitrator)

Note for this clause:

Instead of a named person, the holder of a designated office could be inserted.

Appointment by agreement

(1) This clause only applies if the EEA does not name or designate any arbitrator of disputes.

(2) If a dispute notice has been given, the employer or the representative may give to the other party notice of a proposed arbitrator.

(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.

(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.

(5) If notice of a proposed arbitrator —

(a) has not been given; or

(b) has been given later than 35 days after the dispute notice was given,

the employer and the representative must agree on and appoint an arbitrator within 42 days after the dispute notice was given.

(6) A notice under subclause (2) may either —

(a) name a person that the party wishes to act; or

(b) give the names of several persons one of whom the party wishes to act,

as arbitrator of the dispute.

Default appointment

(1) If this subclause applies, the arbitrator is to be a person appointed by

….........................................................................................................
(designate an independent office‑holder)

Note for this subclause:

For 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.

(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.

(3) Subclause (1) also applies if —

(a) notice of a proposed arbitrator —

(i) has not been given; or

(ii) has been given later than 35 days after the dispute notice was given;

and

(b) the employer and the representative have not appointed an arbitrator within 42 days after the dispute notice was given.

(4) Subclause (1) also applies if —

(a) the arbitrator of disputes is named or designated in these provisions; but

(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.

(5) Subclause (1) also applies if —

(a) a dispute has been referred for arbitration;

(b) the arbitrator dies or becomes incapable of conducting the arbitration; and

(6) If an arbitrator appointed under subclause (1), before he or she enters the arbitration —

(a) dies;

(b) becomes incapable of conducting the arbitration; or

a further appointment is to be made under that subclause.

Appointment of substitute arbitrator

(1) This clause applies if —

(a) a dispute has been referred for arbitration; and

(b) an arbitrator —

(i) named or designated in these provisions; or

(ii) appointed by the parties,

before he or she has entered on the arbitration —

(iii) dies;

(iv) becomes incapable of conducting the arbitration; or

(v) is unavailable or unwilling to act.

(2) This clause also applies if —

(a) a dispute has been referred for arbitration; and

(b) after the arbitrator has entered on the arbitration, he or she dies or becomes incapable of completing the arbitration.

(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.

Subdivision 4 — Referral for arbitration

Referral available only if there is an arbitrator

A dispute may be referred for arbitration only if —

(a) an arbitrator named or designated in these provisions is available and willing to act; or

(b) an arbitrator has been appointed under clause 9 or 10.

Joint referral at any time

The 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.

Referral to arbitration within 42 days after notice given

Either the employer or the representative may refer a dispute for arbitration if —

(a) it is not settled by agreement; and

(b) the terms of the settlement are not recorded as required by clause 7,

within 42 days from the day on which the dispute notice was given.

How referral made

(1) A dispute is referred for arbitration by the giving of notice in writing to the arbitrator that the dispute is referred.

(2) A notice under subclause (1) must —

(a) state the nature of the dispute; and

(b) be accompanied by a copy of the EEA.

(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.

Subdivision 5 — Arbitration proceedings

Note for this Subdivision:

Powers are also conferred on an arbitrator by section 97WM of the Act.

Hearings

(1) An arbitration hearing is to be in private.

(2) An arbitrator may give directions as to the persons who may be present at a hearing.

(3) An arbitrator may determine that a hearing is to be conducted by —

(a) telephone;

(b) closed circuit television; or

Proceedings to be informal and speedy

An arbitrator —

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) must act as speedily as the proper consideration of the dispute allows.

Absence of party

An 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.

General power of arbitrator as to proceedings

Subject to these provisions, an arbitrator may —

(a) give directions as to any matter of procedure;

(b) give any direction that in his opinion may assist in clarifying the issues in dispute between the parties; and

Subdivision 6 — Costs of arbitration

Arbitrator’s services

(1) The cost of the services of an arbitrator is to be borne —

(a) by the representative, as to —

(i) one half; or

(ii) the maximum amount,

whichever is the lesser; and

(b) as to the balance, by the employer.

(2) In this clause —

Note: This clause would not apply where, under section 97WL of the Act 2 or more employees are involved in an arbitration.

Costs of representation

An employer, an employee or a representative is to bear his or her own costs of representation in arbitration proceedings.

Division 3 — Model provisions where —

the Commission is the arbitrator of disputes; and
the employee is not a represented person

[Heading amended: SL 2025/12 r. 9.]

Note for this Division:

Part VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.

Subdivision 1 — Preliminary

Definitions

In these provisions —

dispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;

dispute notice means a notice under clause 4.

[Clause 1 amended: SL 2025/12 r. 8(1) and (2).]

Joint arbitrations not affected

Commercial Arbitration Act 2012 not applicable

The Commercial Arbitration Act 2012 does not apply to the arbitration of a dispute.

[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute

If the employer or the employee considers that a dispute has arisen, he or she may give a written notice to the other party —

(a) stating that fact; and

(b) setting out a brief description of the dispute.

Withdrawal of notice

The employer or the employee may at any time withdraw a dispute notice by giving written notice of the withdrawal —

(a) to the other party; and

(b) if the dispute has been referred for arbitration, to the Commission.

[Clause 5 amended: SL 2025/12 r. 9.]

Parties must try to settle dispute

(2) Initially this may be done by discussion between the employee and the employee’s immediate supervisor.

(3) However —

(a) if the dispute is not settled in those discussions; and

(b) there is a person in a management position above the immediate supervisor,

that person must have discussions with the employee and they must attempt to settle the dispute.

Settlement agreement

If —

(a) a dispute notice has been given; and

(b) the parties settle the dispute by agreement,

the terms of the settlement must be recorded in a written agreement that is signed by both parties.

Subdivision 3 — Referral for arbitration

Joint referral at any time

The 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.

[Clause 8 amended: SL 2025/12 r. 9.]

Referral to arbitration within 42 days after notice given

Either the employer or the employee may refer a dispute for arbitration by the Commission if —

(a) it is not settled by agreement; and

(b) the terms of the settlement are not recorded as required by clause 7,

within 42 days from the day on which the dispute notice was given.

[Clause 9 amended: SL 2025/12 r. 9.]

How referral to be made

A referral is to be made in accordance with regulation 25 of the Industrial Relations (Employer‑employee Agreements) Regulations 2002.

Subdivision 4 — Arbitration proceedings

Note for this Subdivision:

Powers are also conferred on the Commission by section 97WM of the Act.

[Note amended: SL 2025/12 r. 9.]

Hearings

(1) An arbitration hearing is to be in private.

(2) The Commission may give directions as to the persons who may be present at a hearing.

(3) The Commission may determine that a hearing is to be conducted by —

(a) telephone;

(b) closed circuit television; or

[Clause 11 amended: SL 2025/12 r. 9.]

Proceedings to be informal and speedy

The Commission —

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) must act as speedily as the proper consideration of the dispute allows.

[Clause 12 amended: SL 2025/12 r. 9.]

Absence of party

The Commission may hear and determine a dispute in the absence of a party who has been given notice of the hearing.

[Clause 13 amended: SL 2025/12 r. 9.]

General powers as to proceedings

(1) The Commission may —

(a) give directions as to any matter of procedure;

(b) give any direction that in the opinion of the Commission may assist in clarifying the issues in dispute between the parties; and

(2) Subclause (1) is subject to —

(a) these provisions; and

(b) Part 3 Division 2 of the Industrial Relations (Employer‑employee Agreements) Regulations 2002.

[Clause 14 amended: SL 2025/12 r. 8(3) and 9.]

Division 4 — Model provisions where —

the Commission is the arbitrator of disputes; and
the employee is a represented person

[Heading amended: SL 2025/12 r. 9.]

Note for this Division:

Part VID Division 8 of the Act contains provisions relating to disputes under an EEA that apply regardless of the provisions of the EEA.

Subdivision 1 — Preliminary

Definitions

In these provisions —

dispute means a question, dispute or difficulty that arises out of or in the course of employment under the EEA;

dispute notice means a notice under clause 4.

[Clause 1 amended: SL 2025/12 r. 8(4) and (5).]

Joint arbitrations not affected

Commercial Arbitration Act 2012 not applicable

The Commercial Arbitration Act 2012 does not apply to the arbitration of a dispute.

[Clause 3 amended: Gazette 19 Jul 2013 p. 3266-7.]

Subdivision 2 — Notice of dispute, and duty to attempt settlement

Notice of dispute

If 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 —

(a) stating that fact; and

(b) setting out a brief description of the dispute,

to the employee and his or her representative or to the employer, as the case may require.

Withdrawal of notice

(1) A dispute notice may be withdrawn at any time by the giving of written notice of withdrawal —

(a) to each person to whom the dispute notice was given; and

(b) if the dispute has been referred for arbitration, to the Commission.

(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.

[Clause 5 amended: SL 2025/12 r. 9.]

Parties must try to settle dispute

(2) Initially this may be done by discussion between the employee, the representative and the employee’s immediate supervisor.

(3) However —

(a) if the dispute is not settled in those discussions; and

(b) there is a person in a management position above the immediate supervisor,

that person must have discussions with the employee and the representative and they must attempt to settle the dispute.

Settlement agreement

If —

(a) a dispute notice has been given; and

(b) the employer, the employee and the representative settle the dispute by agreement,

the terms of the settlement must be recorded in a written agreement that is signed by the employer and the representative.

Subdivision 3 — Referral for arbitration

Joint referral at any time

The 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.

[Clause 8 amended: SL 2025/12 r. 9.]

Referral to arbitration within 42 days after notice given

Either the employer or the representative may refer a dispute for arbitration by the Commission if —

(a) it is not settled by agreement; and

(b) the terms of the settlement are not recorded as required by clause 7,

within 42 days from the day on which the dispute notice was given.

[Clause 9 amended: SL 2025/12 r. 9.]

How referral to be made

A referral is to be made in accordance with regulation 25 of the Industrial Relations (Employer‑employee Agreements) Regulations 2002.

Subdivision 4 — Arbitration proceedings

Note for this Subdivision:

Powers are also conferred on the Commission by section 97WM of the Act.

[Note amended: SL 2025/12 r. 9.]

Hearings

(1) An arbitration hearing is to be in private.

(2) The Commission may give directions as to the persons who may be present at a hearing.

(3) The Commission may determine that a hearing is to be conducted by —

(a) telephone;

(b) closed circuit television; or

[Clause 11 amended: SL 2025/12 r. 9.]

Proceedings to be informal and speedy

The Commission —

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) must act as speedily as the proper consideration of the dispute allows.

[Clause 12 amended: SL 2025/12 r. 9.]

Absence of party

The Commission may hear and determine a dispute in the absence of a party who has been given notice of the hearing.

[Clause 13 amended: SL 2025/12 r. 9.]

General powers as to proceedings

(1) The Commission may —

(a) give directions as to any matter of procedure;

(b) give any direction that in the opinion of the Commission may assist in clarifying the issues in dispute between the parties; and

(2) Subclause (1) is subject to —

(a) these provisions; and

(b) Part 3 Division 2 of the Industrial Relations (Employer‑employee Agreements) Regulations 2002.

[Clause 14 amended: SL 2025/12 r. 8(6) and 9.]

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Notes

This 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.

Compilation table

Citation	Published	Commencement
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)
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)
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)
Industrial Relations Regulations Amendment Regulations (No. 2) 2025 Pt. 2	SL 2025/12 22 Jan 2025	23 Jan 2025 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

agent 16

costs of an arbitration 34(3)

countersign 38

dispute 6(1), 16, Sch. 3 Div. 1 cl. 1, Div. 2 cl. 1, Div. 3 cl. 1 and Div. 4 cl. 1

dispute notice Sch. 3 Div. 1 cl. 1, Div. 2 cl. 1, Div. 3 cl. 1 and Div. 4 cl. 1

General Order 3

last day for lodgment 47(2)

legal guardian 38

maximum amount 34(3), Sch. 3 Div. 1 cl. 20(2) and Div. 2 cl. 20(2)

notice of a proposed arbitrator 9(2), 10(2), Sch. 3 Div. 1 cl. 1 and Div. 2 cl. 1

party 16, Sch. 3 cl. 1

prescribed 3

protected information 54(2)

referral 16

relative 38

This 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.

By Authority: GEOFF O. LAWN, Government Printer

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