What is the Employment Law in Western Australia?

Employment law in Western Australia is governed by a combination of federal and state legislation. The main federal laws that apply to employment in Western Australia are the Fair Work Act 2009 and the Fair Work Regulations 2009. These laws establish the minimum standards for employment conditions, such as minimum wage, leave entitlements, and termination of employment.

The state of Western Australia also has its own laws that supplement the federal laws, such as the Industrial Relations Act 1979 which regulates industrial disputes, the Long Service Leave Act 1958 which regulates the calculation and payment of long service leave and the Occupational Safety and Health Act 1984 which regulates the workplace health and safety.

In addition, the Western Australia Industrial Relations Commission (WAIRC) is the body responsible for resolving industrial disputes, interpreting and applying industrial laws, and providing education and assistance to employers and employees. Employers and employees in Western Australia are also bound by the common law, which includes the principles of contract law and tort law that apply to all legal relationships.

It is important for employers and employees in Western Australia to be aware of their rights and obligations under the relevant laws and regulations, and to seek legal advice if they have any questions or concerns.

What are the steps in Employment Law in Western Australia?

1. Hiring and Recruiting: In Western Australia, employers are required to comply with anti-discrimination laws and provide fair and equal employment opportunities to all candidates. Employers must also provide new employees with a Fair Work Information Statement which contains information about their rights and entitlements under the Fair Work Act 2009.
2. Employment Contracts: Employers must provide employees with a written employment contract that outlines the terms and conditions of their employment, including the duties and responsibilities of the employee, the hours of work, the rate of pay and the duration of the employment.
3. Wages and Entitlements: Employers must pay their employees at least the minimum wage as set out by the Fair Work Commission and provide the appropriate leave entitlements as outlined in the Fair Work Act 2009.
4. Workplace Health and Safety: Employers have a legal duty to provide a safe working environment and take all reasonable steps to protect the health and safety of their employees.
5. Termination of Employment: Employers must comply with the laws regarding the termination of employment, including providing the appropriate notice and paying any outstanding entitlements.
6. Dispute Resolution: If an employee or employer has a dispute, they can seek assistance from the Western Australia Industrial Relations Commission (WAIRC) or the Fair Work Commission.
7. Representation: If the dispute is not resolved, either party may seek representation from a lawyer or union representative.
8. Litigation: If the dispute is not resolved through other means, either party may seek to resolve the matter through litigation in the courts.

It is important to note that laws and regulations can change, and it is always best to seek legal advice for specific situations.

How can an Employment Law lawyer help?

An employment law lawyer can help employers and employees navigate the complex laws and regulations that govern the workplace. They can provide guidance and advice on a wide range of issues, including:

• Hiring and recruiting, including compliance with anti-discrimination laws and drafting employment contracts;
• Wages and entitlements, including compliance with minimum wage laws and providing appropriate leave entitlements;
• Workplace health and safety, including compliance with regulations and protecting the health and safety of employees;
• Termination of employment, including compliance with laws regarding notice and payment of outstanding entitlements;
• Dispute resolution, including assistance with mediation and arbitration;
• Representation in court or before government agencies such as Western Australia Industrial Relations Commission (WAIRC) and the Fair Work Commission.

Additionally, an employment lawyer can also help employers and employees understand their rights and obligations under the relevant laws and provide guidance on how to avoid disputes in the future. They can also review, draft and advise on policies and procedures, employee handbooks and contracts.

The Lawyers at Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.