Changes to Western Australia’s state employment laws – Effective 20 June 2022

The Industrial Relations Legislation Amendment Act 2021 (IRLA Act) amended state employment laws, and the changes took effect on June 20, 2022. The provisions governing the Easter Sunday public holiday went into effect on February 12, 2022. This article summarises the major changes brought about by the implementation of the IRLA Act. The Wageline website has also been updated to reflect the IRLA Act’s amendments to state employment law.

A summary of the amendments

For the full article click here.

Domestic workers employed by household employers now have new employment rights.

The definition of “employee” in the Industrial Relations Act of 1979 (IR Act) and the Minimum Conditions of Employment Act of 1993 (MCE Act) has been updated to remove the previous exclusion for people working in a private home (including carers employed directly by the householder). Both the IR Act and the MCE Act now apply to these workers. Employers of domestic workers now face new employment obligations. More information can be found below:

• The Employment entitlements for domestic employees employed by household employers fact sheet.
• The Employment obligations of household employers page.

Extending MCE Act coverage to employees

The definition of ‘employee’ under the MCE Act has been amended to remove previous exclusions for people to cover employees paid entirely on commission, employees paid entirely on piece rate and removing other exclusions.

• the Employment entitlements to apply to employees paid wholly by the commission fact sheet
• the Employment entitlements to apply to employees paid wholly by piece rates fact sheet.

Amendments to the Long Service Leave Act

The Long Service Leave Act of 1958 has been amended (LSL Act). Most WA employers are subject to state long service leave requirements.

More information can be found below websites.

• the Amendments to the Long Service Leave Act fact sheet.
• the Long service leaves the page.

Additional record keeping requirements and new pay slip requirements

A civil penalty will be imposed if an employer makes an employment record or provides a pay slip that is false or misleading. More information is provided below.

• The Additional employment record obligations and New pay slip requirements fact sheets.
• The Employment records – employer obligations and Pay slip information pages.

Stop bullying and sexual harassment orders

• The New stop bullying and sexual harassment provisions fact sheet.
• The Stop bullying and sexual harassment orders web page.

Family and domestic violence leave

• The New unpaid family and domestic violence leave entitlement fact sheet.
• The Family and domestic violence leave the page.

Personal leave

• The Personal leave entitlements fact sheet.
• The Personal leave page

New employee protections provisions

• The New employee Protection provisions fact sheet.
• The employee protections web pages:
• Damaging action
• Prohibition on sham contracting
• Advertising lawful wages
• Prohibition on cashback arrangements
• Prohibition on accepting goods, accommodation or services as payment
• Deductions from pay

Enhanced powers for industrial inspectors

• State industrial inspectors’ powers have been expanded by allowing them to:
• Employers may be issued infringement notices for failing to comply with record-keeping or pay slip requirements, or for failing to produce a required record;
• enter into an enforceable agreement with an employer to voluntarily correct identified violations; and
• send a compliance notice to an employer requiring them to correct any identified violations

More information: New compliance tools fact sheet.

Increased penalties and accessorial liability

Penalties have been increased and enforcement mechanisms have been strengthened. More information can be found on the fact sheet Increased penalties and accessorial liability.

Easter Sunday is now a public holiday in WA

More information on Easter Sunday via:

• the Easter Sunday public holiday entitlements for state system employees fact sheet.
• the Easter Sunday page.

Other key amendments to the IR Act include:

More information via the 

• New equal remuneration provisions fact sheet or the Equal remuneration provisions page.
• The Changes to state employment laws in WA – Right of entry fact sheet 
• The New provisions to enable bringing local government employers into the state system fact sheet.

Amendments to the Minimum Conditions of Employment Act

Other significant changes to the MCE Act include:

• Allowing employees with disabilities to be paid a wage under the provisions of the Supported Wage System (SWS) or a wage assessment tool in an award or agreement.
• Requiring the WAIRC to set a minimum weekly wage for employees working under the SWS in the State Wage Case, which must be the same as that set by the Fair Work Commission in the national wage case.

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Disclaimer:

The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively contact myWorkCover for updated information.