Western Australia is the only State that kept its own industrial relations system for private sector employers. If you work for a sole trader, a partnership of individuals, a family trust with an individual trustee, a charity or association that does not really trade, a WA local government or the WA public sector, your employment is probably governed by WA law rather than the federal Fair Work Act.
That changes almost everything: the tribunal you go to, the deadline for an unfair dismissal claim, what you can claim, your minimum wage and your leave. This guide explains the WA state system in plain English, for employees and employers, and links to a detailed page on each topic. It is stated as at 25 September 2026.
If you have been dismissed, act now. An unfair dismissal claim in the WA state system must reach the Western Australian Industrial Relations Commission (WAIRC) within 28 days after your employment ended. If you may have been dismissed for a reason the Fair Work Act prohibits (such as illness, union activity, a complaint against your employer, parental leave, or your age, sex, race or disability), a separate federal claim has a 21-day limit.
Do not lodge with the Fair Work Commission before checking which system you are in. Any Fair Work Commission application about your dismissal stops the WAIRC deciding your WA claim until it is withdrawn or dismissed for lack of jurisdiction, and one employee lost her WA claim that way (Glaus-Johnson v City of Subiaco [2026] WAIRC 00750).
What Is the WA State System?
The federal Fair Work system covers employers that are trading or financial corporations, along with the Commonwealth and some others. Every other State handed its remaining private sector powers to the Commonwealth, so in those States sole traders and partnerships are in the federal system too. Western Australia did not. Anyone the federal system does not reach in WA is covered by the WA state system instead.
The state system has its own:
- law: the Industrial Relations Act 1979 (WA), with minimum conditions in the Minimum Conditions of Employment Act 1993 (WA) and long service leave in the Long Service Leave Act 1958 (WA);
- tribunal: the Western Australian Industrial Relations Commission (WAIRC);
- court: the Industrial Magistrates Court, with appeals to the Full Bench of the WAIRC and the Industrial Appeal Court;
- minimum wage: the State Minimum Wage, $998.30 a week from 1 July 2026;
- regulator: Private Sector Labour Relations and its Wageline service (1300 655 266), rather than the Fair Work Ombudsman.
Which System Am I In?
It depends on who your employer is as a legal entity, not what the business is called or what you do.
| Your employer | Usually |
|---|---|
| Sole trader, partnership of individuals, trust with an individual trustee, household | WA state system |
| Charity, association or not-for-profit that does not substantially trade | WA state system |
| WA government department, agency, public hospital or public school | WA state system |
| WA local government (for dismissals from 1 January 2023) | WA state system |
| Pty Ltd or Ltd company that trades | Federal system |
| Charity or not-for-profit with substantial trading activity | Federal system |
Check the employer's name on your payslip or contract against ABN Lookup. Charities and not-for-profits are often genuinely arguable either way. The full guide, including councils, the public sector, contractors and what to do if you are unsure, is at Am I in the State or Federal System?
How the WA System Is Different
| WA state system | Federal system | |
|---|---|---|
| Unfair dismissal deadline | 28 days | 21 days |
| Minimum employment period to claim unfair dismissal | None | 6 months (12 for a small business) |
| Small business exemption | None | Yes |
| Income limit for unfair dismissal | Only if award-free and earning over $212,800 (from 1 July 2026) | High income threshold unless covered by an award or agreement |
| Compensation for hurt and humiliation | Available in unfair dismissal claims | Not available in unfair dismissal claims |
| Unfair dismissal compensation cap | 6 months' remuneration | Lower of 26 weeks' pay and half the high income threshold |
| Genuine redundancy | Relevant, but not an automatic defence | Excludes an unfair dismissal claim |
| General protections | None; narrower "damaging action" protection instead | Yes |
| Legal costs in the tribunal | No costs orders for lawyers at first instance | Costs orders in limited cases |
| Underpayment claims | Industrial Magistrates Court, 6 years | Federal courts or an eligible State court, 6 years |
| Casual loading | 25% | 25% (award-based) |
| Casual conversion | None | Yes (the employee choice pathway) |
| Statutory redundancy pay | None | Yes, with a small business exemption |
Traps to Avoid
- Assuming you have 21 days, or 28. You may have both deadlines. If a federal unlawful termination claim is possible, work to 21 days.
- Lodging with the Fair Work Commission by reflex. It can block your WA claim. Find out which system you are in first.
- Using old section numbers. Unfair dismissal was renumbered from s 29(1)(b)(i) to s 29(1)(c) in 2022. See Recent Law Changes.
- Going to the Public Service Appeal Board. It was abolished on 31 January 2025. Public sector matters now go to the WAIRC, often with a 28-day deadline from the decision. See WA Public Sector Employees.
- Expecting general protections. The WA system does not have them. See Damaging Action and Other Protections.
- Lodging a sexual harassment complaint before choosing a forum. The first complaint can close off other options. See Bullying and Sexual Harassment.
- Resigning without advice. A forced resignation can be an unfair dismissal, but it is harder to prove than people expect.
Find the Answer to Your Question
| Your question | Where to look |
|---|---|
| Am I covered by WA law or Fair Work? | Am I in the State or Federal System? |
| I was sacked by a sole trader, a council or a WA government body. What can I do? | Unfair Dismissal in the WA State System |
| My employer says I was dismissed for misconduct, poor performance or redundancy. Was it fair? | What Makes a WA Dismissal Unfair? |
| My employer won't pay my bonus, commission or notice. | Denied Contractual Benefits |
| I've been underpaid wages, leave or long service leave. | Underpayments and Enforcement |
| I'm being bullied or sexually harassed at work. | Bullying and Sexual Harassment |
| I was punished for complaining, or told I'm a contractor. | Damaging Action and Other Protections |
| I work in the WA public sector and face discipline or redeployment. | WA Public Sector Employees |
| What is the minimum wage and leave in WA? | Minimum Conditions in WA |
| Which tribunal or court hears my claim, and can I appeal? | Where Your Claim Goes |
| Does the Fair Work Act still apply to me at all? | Federal Laws That Still Apply |
| What is the deadline, cap or fee? | Key Figures and Time Limits |
| Has the law changed? | Recent Changes to WA Employment Law |
For Employers
If you run your business as a sole trader, a partnership of individuals or through a trust with an individual trustee, or you manage a grant-funded community organisation, a WA council or a public sector body, your obligations come from WA law. That means the State Minimum Wage and WA awards, the Minimum Conditions of Employment Act, unfair dismissal claims from an employee's first day with no small business exemption, and penalties for serious underpayments of up to $930,000 for a company and $180,000 for an individual. Much of the guidance written for the federal system will not apply to you. This guide sets out what does.
How MKI Legal Can Help
MKI Legal is a Perth employment law firm, and the WA state system is part of our everyday work. We act for employees and employers in the WAIRC and the Industrial Magistrates Court, and we know where the WA and federal systems overlap and where claims are most often lost. If you are not sure which system you are in, or you have a deadline running, contact us for a free, no-obligation and confidential discussion about your circumstances.