Other employer obligations

Superannuation

The Commonwealth’s superannuation guarantee scheme generally requires all employers to make superannuation contributions on behalf of their employees.  There are limited exemptions for certain employees.

The required minimum level of employer contribution is 9.5% of an employee's notional earnings base.

Under both Commonwealth and State industrial relations systems, employees may (depending on the terms of an applicable award) have the right to nominate their preferred superannuation fund and if so, employers must notify employees of their right to choose. If an employee does not provide written details of their preferred fund, the employer can use a fund of its choice until such time that the employee requests a change.

Workers' compensation

Regardless of which industrial relations system applies to their operation, all incorporated associations that employ staff should arrange appropriate workers’ compensation insurance.

For more information on worker’s compensation insurance, refer to Insurance and Risk Management and/or Occupational Safety and Health and Workers’ Compensation. An employee’s legal entitlement to compensation for injury in a workplace cannot be nullified through any employment contract or individual agreement.

Records

Under both Commonwealth and State industrial relations systems, employers are required to keep time and wage records for each employee. The records must accurately document the employee’s wages and entitlements. Penalties apply if these records are not kept.

The specifics of employee record keeping will vary depending on the relevant industrial system, award, agreement, industry standard, or the association’s policy. However, as a general guide, there should be a separate record for each employee detailing basic personal information that includes, where applicable:

  • the name of the relevant award or agreement regulating the employee's employment;
  • the classification of the employee under the award or agreement;
  • whether the employee works full-time or part-time, or is employed on a casual basis;
  • the date the employee began work;
  • hours worked, including breaks;
  • leave entitlements taken and due;
  • remuneration; and
  • overtime, flexitime or time-in-lieu.

Employees (and, in some cases, their representatives) are generally entitled to access and inspect their records.

Employment of children

In Western Australia, children under 15 years of age (including the year in which the child turns 15) cannot generally be employed during school hours.

Children under 12 years of age cannot generally engage in street trading. Children between the ages of 12 and 15 cannot engage in street trading during school hours or before 6am or after 9.30pm. Street trading includes any form of selling or offering an item or service in a public place.

Where the welfare of a child is at risk, the Director General of Education can impose conditions or prohibit employment.