The WA state system splits employment disputes between two main bodies. The Western Australian Industrial Relations Commission (WAIRC) is a tribunal that hears unfair dismissal, contractual benefits, bullying, sexual harassment and public sector claims. The Industrial Magistrates Court is a court that enforces awards, agreements and minimum entitlements and imposes penalties. Appeals go to the Full Bench of the WAIRC and, on narrow legal grounds, to the Industrial Appeal Court.
This page explains which body hears what, who can represent you, what it may cost, and how to appeal.
Every appeal has a 21-day deadline. An appeal from a WAIRC Commissioner or from the Industrial Magistrates Court to the Full Bench, and from the Full Bench to the Industrial Appeal Court, must be lodged within 21 days of the decision (IR Act ss 49(3), 84(3), 90(2)).
Which Body Hears What
| Your claim | Where it goes | Time limit |
|---|---|---|
| Unfair dismissal | WAIRC, s 29(1)(c) | 28 days |
| Unpaid contract entitlements | WAIRC, s 29(1)(d) | 6 years (WAIRC guidance) |
| Stop bullying order | WAIRC, s 29(1)(e) | No limit |
| Sexual harassment (stop order or compensation) | WAIRC, s 29(1)(f) | Discretion to dismiss after 24 months |
| Flexible working dispute | WAIRC, s 29(1)(k) | No limit |
| Public sector disciplinary or performance decision | WAIRC, s 29(1)(i) or (j) | 28 days from the decision |
| Public sector breach of standards claim | Your agency, then the WAIRC, s 29(1)(l) | 10 business days to the agency; then 28 days after the agency's 21-day resolution period |
| Unpaid award, agreement, minimum or long service leave entitlements | Industrial Magistrates Court (or a Wageline complaint first) | 6 years |
| Damaging action, sham contracting | Industrial Magistrates Court | 6 years |
| Employer ignored a WAIRC unfair dismissal order | Industrial Magistrates Court | 6 years |
Citations are to the Industrial Relations Act 1979 (WA) (IR Act). An individual can only bring a matter to the WAIRC under one of the paragraphs of s 29(1); if your complaint does not fit one of them, the WAIRC cannot hear it at your request (Edoo v South Metropolitan Health Service [2026] WAIRC 00825, Full Bench).
The Western Australian Industrial Relations Commission
The WAIRC is made up of a Chief Commissioner, a Senior Commissioner and other Commissioners. Most individual claims are heard by one Commissioner sitting alone. The Full Bench (three Commissioners) hears appeals, and the Commission in Court Session sets the State Minimum Wage each year.
How it works:
- It must try conciliation first. The WAIRC must try to resolve a matter by conciliation unless that would not help (IR Act s 32). Most unfair dismissal and contractual claims go to a conciliation conference, and many settle there.
- It is less formal than a court. It must act according to "equity, good conscience, and the substantial merits of the case without regard to technicalities or legal forms", and it is not bound by the rules of evidence (IR Act s 26(1)). That does not let it ignore the law or give itself powers it does not have: the Industrial Appeal Court confirmed this in Fagan v Minister for Corrective Services [2024] WASCA 167.
- It can dismiss weak or trivial claims at any stage, but uses that power cautiously because a person who brings a claim is generally entitled to have it heard (IR Act s 27(1)(a); Magyar v Department of Education [2019] WAIRC 00781, Full Bench).
- The filing fee for most individual claims is $50, which can be waived for significant financial hardship (WAIRC fees).
The Public Service Appeal Board and the Public Service Arbitrator, which used to hear public sector matters, were abolished on 31 January 2025. See WA Public Sector Employees.
The Industrial Magistrates Court
The Industrial Magistrates Court is a court presided over by an industrial magistrate (IR Act ss 81–81G). It:
- enforces WA awards, industrial agreements, WAIRC orders, the Minimum Conditions of Employment Act and the Long Service Leave Act, and orders underpayments to be paid (s 83);
- hears civil penalty claims, including damaging action, sham contracting and breaches of stop orders (s 83E);
- enforces WAIRC unfair dismissal orders (s 83B);
- hears Fair Work Act claims as an "eligible State court", which means federal system employees in WA can use it too.
See Underpayments and Enforcement for how claims there work.
Wageline and Industrial Inspectors
Private Sector Labour Relations, part of the WA Government, runs Wageline (1300 655 266), a free advice line on WA pay rates, minimum conditions and long service leave. Its industrial inspectors investigate complaints, issue compliance notices requiring employers to pay underpayments, accept enforceable undertakings, and bring court claims. It is the state system's counterpart to the Fair Work Ombudsman, which does not deal with state system pay and conditions.
Mediation
Under the Employment Dispute Resolution Act 2008 (WA), the WAIRC can mediate any dispute arising out of employment if both sides agree, including some that it could not otherwise hear, and including disputes involving federal system employers. A settlement can be registered and then becomes binding and enforceable. It produces no decision unless the parties agree, so it depends on your employer being willing to take part.
Who Can Represent You
Lawyers can appear for you as of right in the WAIRC on unfair dismissal, contractual benefits, bullying, sexual harassment, public sector disciplinary, health service and breach of standards claims (IR Act s 31(1)(c)). For reclassification and flexible working disputes, a lawyer needs the other side's consent or the WAIRC's permission. In the Industrial Magistrates Court and the Industrial Appeal Court, you can be represented by a lawyer or an agent.
Paid industrial agents. Since 1 September 2026, anyone who carries on a business of representing or advising people on industrial matters must be either a lawyer or a registered industrial agent (IR Act s 97J). Registered agents must meet experience requirements, hold professional indemnity insurance of at least $2 million, and follow a code of conduct. Agents who were already practising are treated as registered only until 30 November 2026, and must apply to the WAIRC's Registrar at least 30 days before then (WAIRC industrial agents). Unions, employer associations and their officials are exempt, and a friend or relative who is not in the business of advocacy is not caught. If you are paying someone who is not a lawyer, check that they are on the WAIRC's register.
Representing yourself. Many people do. The WAIRC must give a self-represented party enough help to understand their rights and the process, so that they are not disadvantaged by not knowing the rules, but it cannot act as your representative or give you an advantage over the other side (My Foodie Box Ltd v Trabelsi [2025] WAIRC 00172, Full Bench). You still have to follow the rules and directions.
Legal Costs
Costs are rarely ordered anywhere in the WA system.
- In the WAIRC at first instance, no costs can be ordered for a lawyer's or agent's services, and other costs (such as witness expenses) only in extreme or special circumstances (IR Act s 27(1)(c)).
- In the Industrial Magistrates Court, lawyers' and agents' costs can be ordered only if the court finds a serious contravention, or the claim or defence was frivolous or vexatious (IR Act ss 83C(2), 83E(12)).
- On appeal, similar restrictions apply (IR Act ss 84(5), 91A(2)).
- No costs can ever be ordered against an industrial inspector or the Registrar (IR Act s 107).
So in most cases each side bears its own legal costs, win or lose. That reduces the risk of bringing a reasonable claim, but it also means that legal fees come out of any amount you recover.
Appeals
| From | To | Deadline | What you can argue |
|---|---|---|---|
| A WAIRC Commissioner | Full Bench of the WAIRC | 21 days (IR Act s 49(3)) | Any error, but an appeal from an interim "finding" only if it is in the public interest (s 49(2a)) |
| The Industrial Magistrates Court | Full Bench of the WAIRC | 21 days (s 84(3)) | Any error |
| The Full Bench | Industrial Appeal Court | 21 days (s 90(2)) | Only three grounds (below) |
Appeals to the Full Bench are decided on the evidence given at the original hearing; new evidence is not allowed as of right (s 49(4)). Whether a dismissal was harsh, oppressive or unfair is a discretionary judgement, so the Full Bench will only overturn it for an error of principle, a mistake of fact, taking into account something irrelevant or ignoring something relevant, or a clearly unreasonable result. It is not enough that the Full Bench would have decided differently (Director General, Department of Biodiversity, Conservation and Attractions v House [2025] WAIRC 00923, Full Bench).
Appeals to the Industrial Appeal Court, which is made up of Supreme Court judges, are available on only three grounds (IR Act s 90(1)): that the matter was not an industrial matter so the decision was outside jurisdiction; that there was an error in interpreting an Act, regulation, award, agreement or order; or that you were denied the right to be heard. Complaints about how the facts were weighed do not qualify (Palaloi v Director General, Department of Education [2025] WASCA 130).
No appeal lies from a WAIRC decision on the reclassification or downgrading of a government officer's position (IR Act s 36AE).
A decision can be put on hold (stayed) while an appeal is heard, but you have to apply for that. Do not rely on getting more than 21 days to appeal: file in time.
Which Forum? A Quick Guide
- Owed money under an award, agreement or the minimum conditions? Industrial Magistrates Court, or Wageline first.
- Owed money only under your contract? WAIRC, contractual benefits claim.
- Dismissed? WAIRC, within 28 days (and check the 21-day federal unlawful termination limit).
- Bullied or sexually harassed? WAIRC, but for sexual harassment choose your forum carefully first.
- Punished for making a complaint, or pushed into being a contractor? Industrial Magistrates Court.
- Employer ignored a WAIRC order? Industrial Magistrates Court.
- A dispute no tribunal can hear, and both sides willing? WAIRC mediation.
How MKI Legal Can Help
Choosing the right forum, and getting the claim in on time and in the right form, is half the battle in the WA system. We appear regularly in the WAIRC and the Industrial Magistrates Court, and can represent you at conciliation, at hearing and on appeal. Contact us for a free, no-obligation and confidential discussion about your circumstances.