This page collects the numbers that matter in the Western Australian state industrial relations system: how long you have to lodge a claim, how much you can recover, what it costs to file, and the minimum pay and leave the law guarantees. Each figure shows the date it applies from and where it comes from, because many of these numbers change on 1 July each year.
If you are not sure whether the state system applies to you at all, start with Am I in the State or Federal System?. Everything below is stated as at 25 September 2026.
The two deadlines that matter most after a dismissal. An unfair dismissal claim in the Western Australian Industrial Relations Commission (WAIRC) must be lodged within 28 days after your employment ends. If the reason for your dismissal may be one the Fair Work Act prohibits (for example illness, union activity, a complaint to a regulator, parental leave or discrimination), there is a separate federal unlawful termination claim that must be lodged within 21 days. If both may apply, work to 21 days.
Deadlines for WA State System Claims
These limits come from the Industrial Relations Act 1979 (WA) (the IR Act) unless another source is named. Some are guidance published by the WAIRC rather than a rule in the Act, and the table says so.
| Claim or step | Time limit | Where it comes from |
|---|---|---|
| Unfair dismissal | 28 days after the day your employment ends | IR Act s 29(2)(a) |
| Late unfair dismissal claim | Accepted only if the WAIRC considers it would be unfair not to | IR Act s 29(3) |
| Denied contractual benefit (unpaid contract entitlements) | 6 years from when the benefit fell due | WAIRC guidance; the IR Act itself sets no limit |
| Underpaid wages, leave or long service leave (Industrial Magistrates Court) | 6 years after the contravention | IR Act s 82A |
| How far back an underpayment can be recovered | Up to 6 years before the claim starts | IR Act s 83A(2) |
| Damaging action, sham contracting, breach of a stop order | 6 years after the contravention | IR Act s 82A |
| Sexual harassment proceeding in the WAIRC | The WAIRC may dismiss a claim started more than 24 months after the last incident (a discretion, not a strict bar) | IR Act s 51BU |
| Stop bullying application | No time limit, but the WAIRC must start dealing with it within 14 days | IR Act s 51BK(1) |
| Public sector disciplinary or substandard performance decision | 28 days after the decision or finding | IR Act s 29(2)(c) |
| Public sector breach of standards claim | First to your agency (usually within 10 business days), then 28 days after the 21-day agency resolution period ends | Breaches Regulations reg 7; IR Act ss 36AJ, 29(2)(d) |
| Public sector redeployment or redundancy decision | 21 days | Redeployment and Redundancy Regulations 2014 reg 44 |
| Police, prison or youth custodial officer removal appeal | 28 days from the decision | WAIRC guidance |
| Flexible working request: employer's written response | 21 days | MCE Act s 39H(1) |
| Appeal to the Full Bench (from a Commissioner or the Industrial Magistrates Court) | 21 days | IR Act ss 49(3), 84(3) |
| Appeal to the Industrial Appeal Court | 21 days | IR Act s 90(2) |
Deadlines Under Other Laws
These laws also reach WA state system employees, and several have shorter clocks.
| Claim | Time limit | Where it comes from |
|---|---|---|
| Fair Work Act unlawful termination | 21 days after the dismissal; later only in exceptional circumstances | Fair Work Act 2009 (Cth) s 774 |
| Unlawful termination court application | 14 days after the Fair Work Commission's certificate | Fair Work Act s 778 |
| Equal Opportunity Act complaint | 12 months after the conduct; later with good cause | Equal Opportunity Act 1984 (WA) s 83(4)–(5) |
| Australian Human Rights Commission complaint | The President may end a complaint made more than 24 months after the conduct | Australian Human Rights Commission Act 1986 (Cth) s 46PH(1)(b) |
| Court application after the Human Rights Commission ends a complaint | 60 days | Australian Human Rights Commission Act s 46PO(2) |
| Work health and safety discrimination claim | 1 year after you knew or ought to have known of it | Work Health and Safety Act 2020 (WA) s 113(1) |
| Contract claim in a court | 6 years | Limitation Act 2005 (WA) s 13(1) |
The Salary Figure for Award-Free Employees
If no award or registered agreement covers your job and your contract salary is above a set figure, the WAIRC cannot decide an unfair dismissal or contractual benefits claim (IR Act s 29AA(3)–(4)). Both conditions must be met: if an award or agreement covers you, the bar does not apply however much you earn.
| From | Figure |
|---|---|
| 1 July 2026 | $212,800 |
| 1 July 2025 | $204,600 |
| 1 July 2024 | $195,700 |
| 1 July 2023 | $187,800 |
The figure is calculated by the WAIRC's Registrar under the Industrial Relations (General) Regulations 1997 (WA), and the WAIRC publishes it as a guide because the Commission decides the amount in each case. Your salary is measured over the 12 months before the dismissal, and annualised if you worked there for less than a year.
Compensation Caps and Remedies
| Remedy | Limit | Where it comes from |
|---|---|---|
| Unfair dismissal compensation | 6 months' remuneration, covering financial loss and injury (such as humiliation and distress) together | IR Act s 23A(8) |
| Employer ignores a reinstatement order and the court revokes it | Not less than 6 and not more than 12 months' remuneration | IR Act s 83B(7) |
| Denied contractual benefit | No cap | IR Act s 29(1)(d); the s 23A cap does not apply |
| Sexual harassment referral to the WAIRC | No cap in the Act | IR Act s 51BZ |
| Stop bullying or stop sexual harassment order | No compensation from the WAIRC | IR Act ss 51BM(3), 51BX(3) |
| Damaging action | No cap | IR Act s 97B |
| Equal Opportunity Act damages at the State Administrative Tribunal | $40,000 | Equal Opportunity Act s 127(b)(i) |
| Police, prison and youth custodial officer removal | 12 months' salary if reinstatement is impracticable | WAIRC guidance |
| Public sector breach of standards claim | No compensation | IR Act s 36AL(3) |
| Interest on an underpayment in the Industrial Magistrates Court | At the court's discretion; 6% a year was applied, by agreement, in the case cited | Industrial Magistrate's Court (General Jurisdiction) Regulations 2005 reg 12; see CFMEU v Qube Ports Pty Ltd [2026] WAIRC 00064 |
Penalties
Maximum civil penalties in the Industrial Magistrates Court for breaching an award, agreement, the minimum conditions or another civil penalty provision, from 31 January 2025 (IR Act ss 83(4A), 83E(1)):
| Who | Ordinary contravention | Serious contravention (knowing or reckless) |
|---|---|---|
| Company or other body corporate | $93,000 | $930,000 |
| Individual (including a director or manager involved) | $18,000 | $180,000 |
Before 31 January 2025 the ordinary maximums were $65,000 and $13,000. Failing to comply with a court enforcement order is an offence carrying a fine of $13,000 plus $1,000 a day (for example IR Act s 83(8)). The 2024 changes page on wa.gov.au summarises the increase.
Minimum Wages From 1 July 2026
The State Minimum Wage is set each year by the WAIRC. The 2026 State Wage order, [2026] WAIRC 00400 (made 17 June 2026, reasons delivered 11 June 2026 in [2026] WAIRC 00381) applies from the first pay period starting on or after 1 July 2026. It was a 4.75% increase.
| Rate | Amount | Source |
|---|---|---|
| Adult (21 and over, not an apprentice) | $998.30 a week | State Wage order cl 3 |
| Adult hourly (38-hour week) | $26.27 | wa.gov.au minimum pay rates |
| Adult casual hourly (including the 25% loading) | $32.84 | wa.gov.au minimum pay rates |
| Adult apprentice (21 and over) | $828.90 a week | State Wage order cl 6 |
| Supported Wage System minimum | At least $113 a week | State Wage order cl 4 |
| Previous adult rate (from 1 July 2025) | $953.00 a week | 2025 State Wage order, [2025] WAIRC 00365 |
Junior rates are a percentage of the adult rate (MCE Act s 13). From 1 July 2026, as published on wa.gov.au:
| Age | Percentage | Weekly | Hourly | Casual hourly |
|---|---|---|---|---|
| 20 | 90% | $898.50 | $23.64 | $29.55 |
| 19 | 80% | $798.60 | $21.02 | $26.28 |
| 18 | 70% | $698.80 | $18.39 | $22.99 |
| 17 | 60% | $599.00 | $15.76 | $19.70 |
| 16 | 50% | $499.20 | $13.14 | $16.43 |
| Under 16 | 40% | $399.30 | $10.51 | $13.14 |
The casual loading on the State Minimum Wage has been 25% since 31 January 2025 (MCE Act s 11); it was 20% before that. WA awards with a lower loading moved to 25% from 26 April 2025 (wa.gov.au casual employment). An award or agreement that covers you may set higher rates.
Leave and Hours
Minimums under the Minimum Conditions of Employment Act 1993 (WA) (MCE Act), as in force since 31 January 2025:
| Entitlement | Minimum | Section |
|---|---|---|
| Ordinary hours where no award sets them | 38 a week plus reasonable additional hours | s 9A |
| Paid personal leave (not casuals) | Your ordinary hours over 2 weeks each year, up to 76 hours | s 20 |
| Unpaid personal (carer's) leave | Up to 2 days each occasion | s 21 |
| Paid annual leave (not casuals) | Your ordinary hours over 4 weeks each year, up to 152 hours | s 23 |
| Annual leave your employer cannot refuse | Leave you became entitled to more than 12 months ago, on 2 weeks' notice | s 24 |
| Paid bereavement leave (including casuals) | Up to 2 days for each death | s 27 |
| Unpaid family and domestic violence leave | 5 days a year, including casuals | s 39B |
| Paid family and domestic violence leave | 10 days a year, including casuals | Fair Work Act s 757B, applied to state system employees |
| Paid job interview leave after notice of redundancy | Up to 8 hours | s 43 |
| Public holidays | 11 | Schedule 1 |
| Statutory redundancy pay | None (only from an award, agreement or contract) | — |
| Casual conversion | None | — |
Long Service Leave
Under the Long Service Leave Act 1958 (WA), which covers most WA private sector employees in both the state and federal systems:
| Entitlement | Amount | Section |
|---|---|---|
| After 10 years' continuous service | 8⅔ weeks on ordinary pay | s 8(2)(a) |
| Each further 5 years | 4⅓ weeks | s 8(2)(b) |
| Leaving after 7 to 10 years | Pro rata, unless the employer dismissed you for serious misconduct | s 8(3) |
| Leaving after 10 years or more | Pro rata for the years since your last entitlement, unless dismissed for serious misconduct | s 8(2)(c) |
| Leave your employer cannot refuse | Leave that fell due more than 12 months ago, on 2 weeks' notice | s 9(1a), (1b) |
Notice of Termination
WA state system employees get the National Employment Standards notice periods through Fair Work Act s 759 (wa.gov.au minimum notice):
| Continuous service | Minimum notice |
|---|---|
| 1 year or less | 1 week |
| More than 1 year, up to 3 years | 2 weeks |
| More than 3 years, up to 5 years | 3 weeks |
| More than 5 years | 4 weeks |
| Over 45 with at least 2 years' service | 1 extra week |
Casuals, fixed-term and seasonal employees, some trainees, and employees dismissed for serious misconduct are excluded. A longer period in your award, agreement or contract applies instead.
Fees and Representation
| Item | Figure | Source |
|---|---|---|
| WAIRC filing fee: unfair dismissal, contractual benefits, stop orders, sexual harassment referral, public sector referral, flexible working referral | $50 (waivable for significant financial hardship) | WAIRC fees |
| Public sector redeployment and redundancy referrals | No fee | WAIRC fees |
| Enforcing a WAIRC unfair dismissal order in the Industrial Magistrates Court | No fee | IR Act s 83B(2) |
| Paid representatives | Must be a lawyer or a registered industrial agent from 1 September 2026 | IR Act s 97J |
| Existing industrial agents' transitional registration | Ends 30 November 2026 | WAIRC industrial agents |
At first instance the WAIRC does not order anyone to pay the other side's legal fees (IR Act s 27(1)(c)), so each side usually bears its own.
How MKI Legal Can Help
A number on its own rarely answers the real question: which deadline applies to you, which cap limits what you can recover, and whether an award changes the figure. We work in the WA state system every week and can check your dates, your coverage and your entitlements quickly, before a deadline passes. Contact us for a free, no-obligation and confidential discussion about your circumstances.