On 6 November 2024, Western Australian State Parliament passed the Industrial Relations Legislation Amendment Bill 2024, aimed at modernising WA’s industrial relations system. This second stage of reforms follows the 2018 Ministerial Review and will improve minimum conditions while ensuring only qualified individuals can access WA workplaces. Most changes will take effect on 31 January 2025, impacting the Industrial Relations Act 1979 and Minimum Conditions of Employment Act 1993.

Key reforms include:
IR Act Amendments (effective 31 January 2025):

– Abolishment of Western Australia Industrial Relations Commission (WAIRC) constituent authorities, Public Service Arbitrator (PSA) and the Public Service Appeal Board (PSAB), as well as the redundant Railways Classification Board. transferring PSA and PSAB powers to the general jurisdiction of the WAIRC.
– Introduction of a fit and proper person test for union officials seeking entry permits.
– New definitions of “employee,” “employer,” and “casual employee” based on actual relationships, also applicable under the MCE Act and the Long Service Leave Act 1958.
– New prohibition on sexual harassment in the workplace, aligned with the federal Fair Work Act 2009 provisions.
– Increased civil penalties for breaches of state employment laws—$93,000 for corporations and $18,000 for individuals along with higher maximum penalties for serious contraventions.
– Enforcement of Local Government (Long Service Leave) Regulations 2024 under the IR Act.
– Prohibition of misconduct before the WAIRC.

Later Amendments to the IR Act:

– Allowing public sector employees to refer breach claims to WAIRC for conciliation and arbitration.
– Enhanced regulation of registered industrial agents.

MCE Act Amendments (effective 31 January 2025):

– Increase of casual loading from 20% to 25%.
– Changes to public holiday entitlements, including employee rights to refuse unreasonable work requests.
– New enforceable minimum condition for flexible working arrangements after 12 months of service in specified circumstances such as returning from parental leave, has a disability or is experiencing family and domestic violence.
– Repeal of MCE Act parental leave provisions, aligning with FW Act standards.

For further details, the Industrial Relations Legislation Amendment Bill 2024 and its Explanatory Memorandum are available on the Parliament of Western Australia website.