Find out which industrial relations system covers your business

This page is for: 
EmployerEmployee / worker

This page provides information for WA employers. The page covers:

  • the two systems of employment law that operate in WA and how to determine which one covers your business; and 
  • where to find information on pay rates and employment entitlements for your employees so that you comply with your legal obligations as an employer. 

You might also like to visit the Overview of employment obligations for WA employers page.

Work out if your business is covered by the state or national industrial relations system. 

Two different industrial relations systems operate in WA, the state system and the national fair work system. The two systems have different employment rights and obligations. Which of these two systems covers a particular business depends on the type of business structure. An employer cannot choose which system to operate in. 

wa_image_small.jpg State system

The state system includes businesses and organisations (and their employees) that operate as:

  • sole traders (e.g. Jane Smith trading as Jane’s Café)
  • unincorporated partnerships (e.g. Jane and Bob Smith trading as Jane’s Café)
  • unincorporated trust arrangements (Jane and Bob Smith as trustees for the Smith Family Trust trading as Jane’s Café)
  • incorporated associations and not-for-profit organisations that are not trading or financial corporations.

If your business is in the state system:

australia_image_small.jpg National system

The national system covers businesses and organisations (and their employees) that operate as:

  • Pty Ltd businesses that are trading or financial corporations (e.g. Smith Pty Ltd trading as Jane’s Café)
  • incorporated partnerships (e.g. Smith Pty Ltd and Bob Smith trading as Jane's Café)
  • incorporated trust arrangements (e.g. Smith Pty Ltd as trustee for the Smith Family Trust trading as Jane's Café)
  • incorporated associations and not-for-profit organisations that are trading or financial corporations.

If your business is in the national system:

  • Visit the Fair Work Ombudsman website for information on your obligations relating to pay, working hours and leave, (except for long service leave) or call 13 13 94. 
  • Visit the Long service leave information on the Wageline website or call Wageline on 1300 655 266.

question_mark_icon.jpg If you are not sure which system covers your business:

  • contact Wageline on 1300 655 266;
  • provide the name of the business or ABN and Wageline can assist with a business search over the phone.
  • Wageline's Guide to who is the WA state system has more detail on how to determine which system covers a business or organisation.

 

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