The WA state industrial relations system was reshaped between 2022 and 2026 by two large amending Acts, the move of WA local governments into the state system, a new public sector standards jurisdiction and a new scheme for industrial agents. If you are reading older advice, a decision from before 2022, or information written for the federal system, some of it will now be wrong.
This page summarises what changed and when, how to read older material, and which proposed changes are not yet law. Everything is stated as at 25 September 2026.
Deadlines still running under the new rules. If you use a paid industrial agent (rather than a lawyer) in the WAIRC, check they are registered: agents who were practising before 1 September 2026 are treated as registered only until 30 November 2026, and the WAIRC asks them to apply by 31 October 2026. And if you are relying on older advice about a dismissal, the WA unfair dismissal deadline is 28 days, and a federal unlawful termination claim may have only 21.
The most common trap: before 20 June 2022, an unfair dismissal claim in the WAIRC was made under s 29(1)(b)(i) of the Industrial Relations Act 1979 (WA). It is now s 29(1)(c). The contractual benefits claim moved from s 29(1)(b)(ii) to s 29(1)(d). Section 29(1)(b) now means something else entirely: an equal remuneration application.
Key Dates
| Date | What changed |
|---|---|
| 12 February 2022 | Easter Sunday became WA's eleventh public holiday |
| 31 March 2022 | The Work Health and Safety Act 2020 (WA) commenced |
| 20 June 2022 | Most of the Industrial Relations Legislation Amendment Act 2021 (WA) commenced |
| 1 January 2023 | WA local governments moved from the federal system into the WA state system |
| 1 July 2024 | The Workers Compensation and Injury Management Act 2023 (WA) commenced |
| 31 January 2025 | Most of the Industrial Relations Legislation Amendment Act 2024 (WA) commenced |
| 26 April 2025 | 25% casual loading applied to WA awards with a lower loading |
| 1 July 2025 | Public sector breach of standards claims came to the WAIRC |
| 1 July 2026 | State Minimum Wage rose to $998.30 a week; the salary figure rose to $212,800 |
| 1 September 2026 | Registration scheme for industrial agents began |
| 30 November 2026 | Transitional registration of existing industrial agents ends |
The 2021 Amending Act (From 20 June 2022)
The Industrial Relations Legislation Amendment Act 2021 (WA) made wide changes to the Industrial Relations Act 1979 (WA) (IR Act), the Minimum Conditions of Employment Act 1993 (WA) (MCE Act) and the Long Service Leave Act 1958 (WA). Among other things, it:
- renumbered the individual claims in IR Act s 29(1): unfair dismissal became s 29(1)(c) and contractual benefits s 29(1)(d);
- gave the WAIRC power to make orders to stop bullying or sexual harassment;
- introduced protection from damaging action for making an employment-related inquiry or complaint, sham contracting rules, and a ban on advertising jobs below the minimum wage;
- introduced equal remuneration orders;
- required pay slips and expanded record-keeping;
- gave inspectors infringement notices, enforceable undertakings and compliance notices;
- made people "involved in" a contravention liable, created a higher tier of penalties for serious contraventions, and shifted the burden of proof to employers who fail to keep records;
- added employment in a private home as a matter the WAIRC must consider in unfair dismissal claims;
- merged sick and carer's leave into personal leave and introduced 5 days of unpaid family and domestic violence leave;
- added flexibility to take long service leave at half or double pay, and rules on transfer of business;
- created the machinery for local governments to leave the federal system.
Local Government Joins the State System (1 January 2023)
From 1 January 2023, 145 declared WA local government employers (137 local governments and 8 regional local governments) left the federal system and became WA state system employers, whether or not they trade. The Shires of Christmas Island and Cocos (Keeling) Islands were not included and remain federal. Enterprise agreements and awards that applied to councils carried over as State instruments and continue until replaced (City of Canning v WASU [2025] WAIRC 00265).
A council dismissal before 1 January 2023 was a Fair Work Commission matter; from that date it is a WAIRC matter. See Am I in the State or Federal System?.
The 2024 Amending Act (Mostly From 31 January 2025)
The Industrial Relations Legislation Amendment Act 2024 (WA) was the second major reform. From 31 January 2025 it:
- abolished the Public Service Arbitrator and the Public Service Appeal Board (and the Railways Classification Board and Boards of Reference), moving public sector disputes into the WAIRC's general jurisdiction with new referral routes, and allowing compensation for public sector unfair dismissals;
- introduced a statutory test for who is an employee (IR Act s 7A) and who is a casual (s 7B), based on the real substance and practical reality of the relationship, and put the burden of proving someone is not an employee on the party that says so (ss 24A, 81CAA);
- replaced the bullying provisions and created a new sexual harassment jurisdiction with compensation, a prohibition on sexual harassment in connection with work, employer vicarious liability, and rules on choosing a forum;
- raised the casual loading from 20% to 25%;
- introduced a right to request flexible working arrangements, with a WAIRC dispute process;
- repealed the MCE Act's parental leave provisions (unpaid parental leave now comes from the Fair Work Act);
- rewrote the MCE Act annual leave and public holiday provisions, including a rule on when you can refuse to work on a public holiday; the rule that an employer cannot refuse annual leave accrued more than 12 months earlier moved from MCE Act s 25(1) to s 24(1);
- increased penalties: the ordinary maximum for a company rose from $65,000 to $93,000 and for an individual from $13,000 to $18,000, with serious contraventions up to $930,000 and $180,000;
- introduced a fit and proper person test for union right of entry permits.
Two parts started later: the public sector standards jurisdiction on 1 July 2025, and the industrial agents scheme on 1 September 2026. The wa.gov.au summary and the WAIRC's announcement describe the changes.
Public Sector Standards Claims (From 1 July 2025)
Since 1 July 2025, a claim that a public sector agency breached the Transfer, Performance Management, Redeployment, Termination or Grievance Resolution standard goes to the WAIRC if it is not resolved within the agency, rather than to the Public Sector Commissioner. Recruitment claims still go to the Commissioner. From 1 July 2026 the Public Sector Commission's former "Employment Standard" was replaced by separate recruitment and transfer standards. See WA Public Sector Employees.
Industrial Agents (From 1 September 2026)
Since 1 September 2026, anyone in the business of representing or advising people on industrial matters must be a lawyer or a registered industrial agent (IR Act Part 6C, s 97J; Industrial Relations (Industrial Agents) Regulations 2026). Agents who were already practising are treated as registered only until 30 November 2026. Older material describing agents appearing freely before the WAIRC is out of date. See Where Your Claim Goes.
Reading Older Decisions and Advice
Older WA decisions remain useful, but read them with these adjustments:
- Translate the section numbers. A decision on "s 29(1)(b)(i)" is about what is now unfair dismissal under s 29(1)(c). The test (harsh, oppressive or unfair) and the 6-month compensation cap did not change.
- Check the forum. Before 1 January 2023, council employees were in the federal system. Before 31 January 2025, public sector disciplinary appeals went to the Public Service Appeal Board. The Board's reasoning can still be useful on questions such as proving misconduct, but it no longer hears new cases.
- Check for later changes. Employee and casual status, the burden of proof on employee status, penalty levels, the casual loading and leave rules have all changed since 2022.
- Check the date of the events. The new sexual harassment compensation claim does not apply to harassment that happened entirely before 31 January 2025, and first-instance decisions differ on how far the new employee and casual tests reach arrangements that began before that date.
Proposed Changes That Are Not Law
Three Bills before the WA Parliament would affect the system. None of them is law as at 25 September 2026, and any of them may change or fail. Their status is from the WA Parliament's progress of Bills pages.
- Industrial Relations Amendment Bill 2026 (Bill 75). Introduced on 17 June 2026 and at second reading in the Legislative Assembly. It would allow the Industrial Magistrates Court to order a company and a person involved in an underpayment, such as a sole director, to be jointly liable for the underpaid amount; require unpaid superannuation to be paid into a fund; and let compliance notices cover unpaid superannuation.
- Public and Bank Holidays Amendment Bill 2025 (Bill 38). Passed the Legislative Assembly in October 2025 and is before the Legislative Council. From 1 January 2028 it would add Easter Saturday and Show Day as public holidays (13 in total) and move some existing holidays. Until then WA has 11 public holidays.
- Judicial Commission Bill 2026 (Bill 80). Passed the Legislative Assembly in September 2026 and referred to a Legislative Council committee. It would bring WAIRC Commissioners and industrial magistrates under a new Judicial Commission. It would not change employees' rights, deadlines or remedies.
The Equal Opportunity Act 1984 (WA) has not been amended by any recent reform, and no Bill to amend it is before Parliament.
How MKI Legal Can Help
Because the WA system has changed so much since 2022, older advice, templates and online information are often out of date. We keep track of every change and can tell you how the current law applies to your situation, whether you are an employee with a claim or an employer reviewing your policies and contracts. Contact us for a free, no-obligation and confidential discussion about your circumstances.