This page provides information WA small business employers. The page covers:
- the two systems of employment law that operate in WA and how to determine which one covers a business; and
- where to find more information on pay rates and employment obligations fo 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 small business 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 of the employer. An employer cannot choose which system to operate in.
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 other not-for-profit organisations that are not trading or financial corporations.
If your business is in the state 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 other not-for-profit organisations that are trading or financial corporations.
If your business is in the national system:
- Visit www.fairwork.gov.au for information on your obligations relating to pay, working hours and leave, (except for long service leave) or call the Fair Work Ombudsman on 13 13 94
- Visit www.dmirs.wa.gov.au/longserviceleave for long service leave information or call Wageline on 1300 655 266
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.