How employment records must be kept (Act s. 49D(3)) 2
Part 3 — Unfair dismissal and contractual benefit claims
Prescribed amount — section 29AA 3
Annual indexation 4
Part 4 — Employers declared not to be national system employers
Employers declared not to be national system employers (Act s. 80A(2)) 6
Part 5 — Fees
Fees to be charged 7
Registrar and Clerk may waive certain fees 7
Fees paid to Consolidated Fund 8
Part 6 — Bargaining for industrial agreement
Notice initiating bargaining 9
Response to notice initiating bargaining 9
Notice and response to be given to Commission 9
Part 7 — Miscellaneous
Police Force prescribed as a public sector entity: section 26 10
Federal organisations prescribed to be federal counterpart in relation to organisation 10
State laws prescribed to be industrial laws 11
Commonwealth, State and Territory laws prescribed to be work health and safety laws 11
Schedule 1 — Fees to be taken by the Registrar
Schedule 2 — Fees to be taken by the Clerk
Schedule 3 — Forms
Schedule 4 — Employers declared not to be national system employers
Division 1 — Local government employers
Division 2 — Regional local government employers
Notes
Compilation table 23
Defined terms
Western Australia
Industrial Relations Act 1979
Industrial Relations (General) Regulations 1997
Part 1 — Preliminary
1. Citation
These regulations may be cited as the Industrial Relations (General) Regulations 1997.
2. Commencement
These regulations come into operation on the day on which section 34 of the Labour Relations Legislation Amendment Act 1997 comes into operation.
3. Term used: Clerk
In these regulations —
Clerk means the clerk of the Court.
[Regulation 3 inserted: SL 2022/100 r. 50.]
Part 2 — Employment records
[Heading inserted: SL 2022/100 r. 51.]
4. How employment records must be kept (Act s. 49D(3))
(1) An employer is to ensure that the employment records of the employer are kept —
(a) by —
(i) making entries in the English language in or on a separate page of a bound or loose‑leaf book kept specifically for that purpose; or
(ii) recording or storing the particulars required to be entered in the employment records by means of a mechanical, electronic or other device, but so that the particulars so recorded or stored will remain in the form in which they were originally recorded or stored and will be capable of being reproduced in written form in the English language;
(b) with only one employee’s records appearing on any one page;
(c) so that the record for each pay period of each employee is identifiable; and
(d) in a manner that enables compliance with section 49D of the Act to be readily ascertained.
(2) A person is not to alter employment records unless the alteration is annotated so as to identify —
(a) the nature of the alteration;
(b) the person making the alteration; and
(c) the date on which the alteration was made.
[Regulation 4 amended: Gazette 26 Jul 2002 p. 3460.]
Part 3 — Unfair dismissal and contractual benefit claims
[Heading inserted: Gazette 26 Jul 2002 p. 3460.]
5. Prescribed amount — section 29AA
(1) For the purposes of paragraph (b) of the definition of “prescribed amount” in section 29AA(5) of the Act the specified salary is $90 000, or that amount as affected by indexation in accordance with regulation 6.
(2) For the purposes of paragraph (b) of the definition of “prescribed amount” in section 29AA(5) of the Act the salary provided for in an employee’s contract of employment is to be worked out as follows —
(a) for an employee who was continuously employed by an employer and was not on leave without full pay at any time during the period of 12 months immediately before the dismissal or claim — the greater of —
(i) the salary that the employee actually received in that period; and
(ii) the salary that the employee was entitled to receive in that period;
(b) for an employee who was continuously employed by an employer and was on leave without full pay at any time during the period of 12 months immediately before the dismissal or claim — the total of —
(i) the actual salary received by the employee for the days during that period that the employee was not on leave without full pay; and
(ii) for the days that the employee was on leave without full pay an amount worked out using the formula —
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or
(c) for an employee who was continuously employed by an employer for a period less than 12 months immediately before the dismissal or claim — the amount worked out using the formula —
Image unavailable in extracted text
[Regulation 5 inserted: Gazette 26 Jul 2002 p. 3460‑1.]
6. Annual indexation
(1) This regulation prescribes a formula under which the amount mentioned in regulation 5(1) (the “indexable amount”) is to be varied annually by the indexation factor (if any).
(2) In this regulation —
base weekly earnings means the last amount published by the Australian Statistician before 1 July 2002 as an estimate (except a preliminary estimate) of the average total weekly earnings (seasonally adjusted) for full‑time adult employees of all employees in Australia in a particular month;
current weekly earnings, in relation to an indexation day, means the last amount published by the Australian Statistician before that day as an estimate (except a preliminary estimate) of the average total weekly earnings (seasonally adjusted) for full‑time adult employees of all employees in Australia in a particular month;
indexation day means 1 July 2003 or 1 July in a later year;
indexation factor, for an indexation day, means the number, worked out to 3 decimal places, resulting from the following formula —
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(3) If at any time (whether before or after the commencement of this regulation) the Australian Statistician publishes an estimate of the average total weekly earnings (seasonally adjusted) for full‑time adult employees in a particular month in substitution for such an estimate (except a preliminary estimate) previously published by the Australian Statistician for that month, the publication of the later estimate is to be disregarded for the purposes of this regulation.
(4) Subject to subregulation (5), if, on any indexation day, the indexation factor is greater than 1, then, on and after that day, until a later application of this subregulation, an indexable amount is taken to be replaced by the amount worked out by multiplying the indexable amount by the indexation factor.
(5) If an amount worked out under subregulation (4) is not $100, or a multiple of $100 —
(a) if the amount is not $50, or a multiple of $50 — it is to be rounded up or down to $100, or the nearest amount that is a multiple of $100 as appropriate; or
(b) if the amount is $50, or a multiple of $50 — it is to be rounded up to $100, or the next highest amount that is a multiple of $100 as appropriate.
[Regulation 6 inserted: Gazette 26 Jul 2002 p. 3461‑2.]
Part 4 — Employers declared not to be national system employers
[Heading inserted: SL 2022/100 r. 52.]
7. Employers declared not to be national system employers (Act s. 80A(2))
(1) For the purposes of section 80A(2)(a) of the Act, each employer specified in Schedule 4 is declared not to be a national system employer for the purposes of the FW Act.
(2) For the purposes of section 80A(2)(b) of the Act, the day fixed for the purposes of the declaration is 1 January 2023.
[Regulation 7 inserted: SL 2022/100 r. 52; amended: SL 2022/196 r. 4.]
[8. Deleted: SL 2025/12 r. 11.]
Part 5 — Fees
[Heading inserted: Gazette 26 Jul 2002 p. 3462.]
9. Fees to be charged
(1) Subject to the Act and the provisions of these regulations —
(a) the fees specified in Schedule 1 are to be charged in respect of the matters before the Commission in relation to which they are specified; and
(b) the fees specified in Schedule 2 are to be charged in respect of the matters before the Court in relation to which they are specified.
(2) No fee is payable for any of the following matters —
(a) the registration of a treasurer, trustee, secretary or any other officer of an organisation;
(b) the cancellation of a certificate of registration;
(c) filing of notice of a change of registered office;
(d) filing of a warrant to appear as an agent;
(e) any document in respect of which a fee is already chargeable under the Act or any other written law;
(f) filing of notice of discontinuance of an application.
(3) The Registrar and the Clerk may determine the means, in addition to cash, by which fees may be paid.
[Regulation 9 inserted as regulation 7: Gazette 26 Jul 2002 p. 3463; renumbered as regulation 9: Gazette 29 Jun 2004 p. 2517.]
10. Registrar and Clerk may waive certain fees
(1) The Registrar or a Deputy Registrar may waive a fee referred to in Schedule 1 when the Registrar or Deputy Registrar considers it reasonable to do so.
(2) The Clerk may waive a fee referred to in Schedule 2 item 9 when the Clerk considers it reasonable to do so.
(3) The Clerk may waive a fee referred to in Schedule 2 item 10 when permission to do so has been given by the Presiding Judge.
[Regulation 10 inserted as regulation 8: Gazette 26 Jul 2002 p. 3463; renumbered as regulation 10 and amended: Gazette 29 Jun 2004 p. 2517.]
11. Fees paid to Consolidated Fund
All fees received by the Clerk, Registrar or any other officer are to be credited to the Consolidated Fund.
[Regulation 11 inserted as regulation 9: Gazette 26 Jul 2002 p. 3463; renumbered as regulation 11: Gazette 29 Jun 2004 p. 2517.]
Part 6 — Bargaining for industrial agreement
[Heading inserted: Gazette 29 Jun 2004 p. 2517.]
12. Notice initiating bargaining
A notice given under section 42(1) of the Act —
(a) may be given in the form of GFB 1 in Schedule 3; and
(b) must be accompanied by all of the particulars set out in that form.
[Regulation 12 inserted: Gazette 29 Jun 2004 p. 2517.]
13. Response to notice initiating bargaining
A person to whom a notice is given under section 42(1) of the Act may notify the initiating party of his or her response in the form of GFB 2 in Schedule 3.
[Regulation 13 inserted: Gazette 29 Jun 2004 p. 2517.]
14. Notice and response to be given to Commission
(1) A notice given under section 42(1) of the Act, or a response under section 42A(1) of the Act, cannot be admitted in any proceeding or conference before the Commission unless a copy of that notice or response has been filed in the office of the Registrar of the Commission at least 7 days before the proceeding or conference.
(2) Subregulation (1) does not apply in respect of an application under section 42A(2).
[Regulation 14 inserted: Gazette 29 Jun 2004 p. 2517.]
Part 7 — Miscellaneous
[Heading inserted: Gazette 27 Jun 2014 p. 2332.]
15. Police Force prescribed as a public sector entity: section 26
The Police Force within the meaning of the Police Act 1892 is prescribed for the purposes of the definition of public sector entity in section 26(2B) of the Act.
[Regulation 15 inserted: Gazette 27 Jun 2014 p. 2332.]
16. Federal organisations prescribed to be federal counterpart in relation to organisation
For the purposes of paragraph (b) of the definition of federal counterpart in section 49G(1) of the Act, in relation to an organisation set out in column 1 of the Table, a federal organisation set out opposite the organisation in column 2 is a federal counterpart of that organisation.
Table
Organisation
Federal organisation
Electrical Trades Union WA
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
United Workers Union (WA)
United Workers’ Union
The Coal Miners’ Industrial Union of Workers of Western Australia, Collie
Mining and Energy Union
The Western Australian Clothing and Allied Trades’ Industrial Union of Workers, Perth
Construction, Forestry and Maritime Employees Union
[Regulation 16 inserted: SL 2025/12 r. 12.]
17. State laws prescribed to be industrial laws
For the purposes of paragraph (c) of the definition of industrial law in section 49G(1) of the Act, each of the following laws is an industrial law —
(a) the Fair Work Act 1994 (South Australia);
(b) the Industrial Relations Act 1984 (Tasmania);
(c) the Industrial Relations Act 1996 (New South Wales);
(d) the Industrial Relations Act 2016 (Queensland).
[Regulation 17 inserted: SL 2025/12 r. 12.]
18. Commonwealth, State and Territory laws prescribed to be work health and safety laws
For the purposes of paragraph (b) of the definition of work health and safety law in section 49G(1) of the Act, each of the following laws is a work health and safety law —
(a) the Occupational Health and Safety Act 2004 (Victoria);
(b) the Work Health and Safety Act 2011 (Australian Capital Territory);
(c) the Work Health and Safety Act 2011 (Commonwealth);
(d) the Work Health and Safety Act 2011 (New South Wales);
(e) the Work Health and Safety Act 2011 (Queensland);
(f) the Work Health and Safety Act 2012 (South Australia);
(g) the Work Health and Safety Act 2012 (Tasmania);
(h) the Work Health and Safety (National Uniform Legislation) Act 2011 (Northern Territory).
[Regulation 18 inserted: SL 2025/12 r. 12.]
Schedule 1 — Fees to be taken by the Registrar
[r. 9]
Item
Matter
Fee $
1
For referring an industrial matter under section 29(1)(c), (d), (e), (f), (g), (h), (i), (j) or (k) of the Act
50.00
2
For a photographic copy of a transcript of proceedings — for each page
3.00
3
For a search of a record or database of the Commission (other than a search of a proceeding made by or on behalf of a party to the proceeding) — for each name or item in respect of which a search is made
20.00
[Schedule 1 inserted: Gazette 26 Jul 2002 p. 3463‑4; amended: Gazette 29 Jun 2004 p. 2518; SL 2022/100 r. 54; SL 2025/12 r. 13.]
Schedule 2 — Fees to be taken by the Clerk
[r. 9]
Item
Matter
Fee $
1
For filing an affidavit, statutory declaration or any document not otherwise provided for in this Schedule
1.00
2
For filing an application or notice of motion
5.00
3
For filing a notice of appeal
5.00
4
For sealing an order
1.00
5
On the issue of a Chamber summons or summons to witness
1.50
6
For the issue of a warrant of any kind
2.50
7
For the execution of a warrant of any kind
8.50
8
For every document required to be authenticated by the Clerk or other officer
4.00
9
For every inspection on the same day of one or more documents in the custody of the Clerk
1.00
10
For a photographic copy of the transcript of proceedings — for each page
1.00
11
For a photographic copy of reasons for judgment consisting of not more than 10 pages — for each copy issued to a person not a party to the proceedings or a person, who although a party, did not appear or who was not represented at the proceedings and for each copy in excess of one copy issued to a represented party to the proceedings
2.75
And for each page in excess of 10
0.20
12
For photographic copies of exhibits or other documents — for each page
0.20
[Schedule 2 inserted: Gazette 26 Jul 2002 p. 3464; amended: Gazette 29 Jun 2004 p. 2518.]
Schedule 3 — Forms
GFB 1
[r. 12]
Industrial Relations Act 1979
NOTICE TO INITIATE BARGAINING
To ..........................................................................................................................
1 This notice is not to be given to an organisation or association of employers unless that organisation or association has given written consent to being given such notice.
2 If all employment is intended to be covered then state that. If is not intended to cover all the employment, specify by classification or occupation and specify whether full‑time, part‑time and casual employment is to be covered.
3 Nominate the area of the State (eg. whole State or metropolitan area or north of the 26th parallel) as well as any particulars relating to the employers’ premises.
4 If the intention is for the initiating party to bargain as a collective group, specify the other parties who will comprise that group.
INFORMATION FOR RECIPIENTS OF NOTICE TO INITIATE BARGAINING
The party who gave you this notice (the “initiating party”) is seeking to negotiate an industrial agreement which will bind you in respect of the employees in the employment identified in the particulars of the notice.
The initiating party is also seeking to negotiate the agreement within the requirements of the good faith bargain provisions of the Industrial Relations Act 1979. These provisions place certain procedural requirements on the negotiating parties to assist them to reach agreement. These procedural requirements can be enforced by the Western Australian Industrial Relations Commission.
If you wish to enter into negotiations for an industrial agreement, you should notify the initiating party within 21 days of receiving this notice.
Note: Documents served by post are deemed received 2 working days after they are posted. The response may be in the form of the attached GFB 2.
If there are other parties identified in the notice as intended parties to the agreement and you wish to negotiate separately with the initiating party, you may make an application to the Western Australian Industrial Relations Commission for a direction that you may negotiate separately.
Note: You must still respond to the initiating party within 21 days of receiving the notice if you wish to enter into negotiations for an industrial agreement.
If you do not wish to enter into negotiations for an industrial agreement, you do not need to take any action. Alternatively, you may notify the initiating party that you will not enter into negotiations for an industrial agreement. You may use GFB 2 for the notification.
If you do not enter into negotiations for an industrial agreement, the initiating party may apply to the Western Australian Industrial Relations Commission for an enterprise order which will determine the pay and conditions for employees who were proposed to be covered by the industrial agreement.
GFB 2
[r. 13]
Industrial Relations Act 1979
RESPONSE TO INITIATION OF BARGAINING
To ..........................................................................................................................
[Schedule 3 inserted: Gazette 29 Jun 2004 p. 2518‑20.]
Schedule 4 — Employers declared not to be national system employers
[r. 7]
[Heading inserted: SL 2022/100 r. 55.]
Division 1 — Local government employers
[Heading inserted: SL 2022/100 r. 55.]
Table
City of Albany
City of Armadale
Shire of Ashburton
Shire of Augusta Margaret River
Town of Bassendean
City of Bayswater
City of Belmont
Shire of Beverley
Shire of Boddington
Shire of Boyup Brook
Shire of Bridgetown‑Greenbushes
Shire of Brookton
Shire of Broome
Shire of Broomehill‑Tambellup
Shire of Bruce Rock
City of Bunbury
City of Busselton
Town of Cambridge
City of Canning
Shire of Capel
Shire of Carnamah
Shire of Carnarvon
Shire of Chapman Valley
Shire of Chittering
Town of Claremont
City of Cockburn
Shire of Collie
Shire of Coolgardie
Shire of Coorow
Shire of Corrigin
Town of Cottesloe
Shire of Cranbrook
Shire of Cuballing
Shire of Cue
Shire of Cunderdin
Shire of Dalwallinu
Shire of Dandaragan
Shire of Dardanup
Shire of Denmark
Shire of Derby‑West Kimberley
Shire of Donnybrook‑Balingup
Shire of Dowerin
Shire of Dumbleyung
Shire of Dundas
Town of East Fremantle
Shire of East Pilbara
Shire of Esperance
Shire of Exmouth
City of Fremantle
Shire of Gingin
Shire of Gnowangerup
Shire of Goomalling
City of Gosnells
City of Greater Geraldton
Shire of Halls Creek
Shire of Harvey
Shire of Irwin
Shire of Jerramungup
City of Joondalup
City of Kalamunda
City of Kalgoorlie‑Boulder
City of Karratha
Shire of Katanning
Shire of Kellerberrin
Shire of Kent
Shire of Kojonup
Shire of Kondinin
Shire of Koorda
Shire of Kulin
City of Kwinana
Shire of Lake Grace
Shire of Laverton
Shire of Leonora
City of Mandurah
Shire of Manjimup
Shire of Meekatharra
City of Melville
Shire of Menzies
Shire of Merredin
Shire of Mingenew
Shire of Moora
Shire of Morawa
Town of Mosman Park
Shire of Mount Magnet
Shire of Mount Marshall
Shire of Mukinbudin
Shire of Mundaring
Shire of Murchison
Shire of Murray
Shire of Nannup
Shire of Narembeen
Shire of Narrogin
City of Nedlands
Shire of Ngaanyatjarraku
Shire of Northam
Shire of Northampton
Shire of Nungarin
Shire of Peppermint Grove
Shire of Perenjori
City of Perth
Shire of Pingelly
Shire of Plantagenet
Town of Port Hedland
Shire of Quairading
Shire of Ravensthorpe
City of Rockingham
Shire of Sandstone
Shire of Serpentine‑Jarrahdale
Shire of Shark Bay
City of South Perth
City of Stirling
City of Subiaco
City of Swan
Shire of Tammin
Shire of Three Springs
Shire of Toodyay
Shire of Trayning
Shire of Upper Gascoyne
Town of Victoria Park
Shire of Victoria Plains
City of Vincent
Shire of Wagin
Shire of Wandering
City of Wanneroo
Shire of Waroona
Shire of West Arthur
Shire of Westonia
Shire of Wickepin
Shire of Williams
Shire of Wiluna
Shire of Wongan‑Ballidu
Shire of Woodanilling
Shire of Wyalkatchem
Shire of Wyndham‑East Kimberley
Shire of Yalgoo
Shire of Yilgarn
Shire of York
[Division 1 inserted: SL 2022/100 r. 55.]
Division 2 — Regional local government employers
[Heading inserted: SL 2022/100 r. 55.]
Table
Bunbury Harvey Regional Council
Catalina Regional Council
Eastern Metropolitan Regional Council
Mindarie Regional Council
Murchison Regional Vermin Council
Resource Recovery Group
Rivers Regional Council
Western Metropolitan Regional Council
[Division 2 inserted: SL 2022/100 r. 55; amended: SL 2024/31 r. 4.]
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Notes
This is a compilation of the Industrial Relations (General) Regulations 1997 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Industrial Relations (General) Regulations 1997
30 Sep 1997 p. 5440‑1
17 Oct 1997 (see r. 2 and Gazette 30 Sep 1997 p. 5415)
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.