Two different industrial relations systems operate in Western Australia, the WA state system and the national fair work system. In Western Australia the national system only covers private sector employers who are constitutional corporations and their employees.

This page helps you work out whether a particular business or organisation is covered by the WA state system or the national system, and based on this, where to get the right employment information.

  State system

Private sector businesses, not for profit organisations and household employers

The state system covers:

• Private sector businesses 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), where none of the partners in the business are Pty Ltd entities.
  • Unincorporated trust arrangements (e.g. Jane and Bob Smith as trustees for the Smith Family Trust trading as Jane’s Café), where none of the trustees or other entities in the trust arrangement are Pty Ltd entities.
• Individuals who are household employers who personally and directly employ someone to provide domestic services in a private home (someone’s house or private residence) and their employees.
• Incorporated associations and other not-for-profit organisations (including sporting clubs and school P&C's) that are not constitutional corporations (i.e. not trading or financial corporations), and their employees. 
  • A not-for-profit association may be a constitutional corporation (and therefore in the national system) if it has sufficiently substantial trading or financial activities, even if the purpose of the organisation is something other than trading or finance or if it receives government funding. Trading activities typically involve buying or selling, and produce revenue for the organisation. Financial activities involve the borrowing of money and the provision of finance.
  • There is not a definitive rule on which system covers these types of organisations and each organisation would need to seek its own legal advice to determine this question as Wageline is not in a position to advise on this issue.

Use the Wageline website for information on pay rates, leave and other employment issues or call Wageline on 1300 655 266.

• For pay rates, get started by visiting Finding the right pay rate
• For long service leave information - visit Long service leave
• For questions about other leave arrangements - visit Annual, personal and other leave
• For resignation and dismissal - visit When employment ends
• For children in employment - visit When children can work

• Household employers can also visit Employment obligations for household employers

Local Government

All Western Australian local government employers and employees are covered by the state system.  

Visit Local government in the state system for details on where to get the right employment information.

State public sector / Western Australian Government employees

State public sector agencies and public sector employees are in the state system.

• Public sector employees with queries about pay rates, and working hours, leave and other employment issues should contact the human resources area of their employing agency. If you are not satisfied after approaching human resources, you may wish to contact a grievance officer or follow your agency’s dispute resolution procedure.
• The Long service leave - Who is covered page includes information for state public sector employees on who is covered by the WA Long Service Leave Act.

  National system

The national system covers WA private sector businesses and organisations that are constitutional corporations.

Private sector businesses and not for profit organisations

The national system covers:

• 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), where one or more of the partners in the business is a Pty Ltd entity.
• Incorporated trust arrangements (e.g. Smith Pty Ltd as trustee for the Smith Family Trust trading as Jane's Café), where one or more or the trustees or other entities in the trust arrangement is a Pty Ltd entity. 
• Incorporated associations and other not-for-profit organisations (including sporting clubs and school P&C's) that are constitutional corporations (i.e. are trading or financial corporations), and their employees.
  • A not-for-profit association may be a constitutional corporation if it has sufficiently substantial trading or financial activities, even if the purpose of the organisation is something other than trading or finance or if it receives government funding. Trading activities typically involve buying or selling, and produce revenue for the organisation. Financial activities involve the borrowing of money and the provision of finance.
  • There is not a definitive rule on which system covers these types of organisations and each organisation would need to seek its own legal advice to determine this question, as Wageline is not in a position to advise on this issue.
• Foreign corporations that are incorporated overseas are automatically constitutional corporations in Australia.

For employment queries about everything except long service leave and when children can work, the Fair Work Ombudsman is the correct agency to provide information to national system employers and employees. Visit www.fairwork.gov.au or call the Fair Work Ombudsman on 13 13 94.

For employment queries about long service leave and when children can work Wageline is the correct agency to provide information to national system employers and employees.

• For long service leave - visit Long service leave
• For children in employment - visit When children can work
• Call Wageline on 1300 655 266.

Federal public sector / Australian Government employees

All federal public sector agencies and Australian Government employees are in the national system. Contact the human resources area of your employing agency or the Fair Work Ombudsman for employment information.

Checking which system covers a particular business

• Business owners, management or human resources staff who are unsure whether their business is in the state or national system can:
  • contact their business advisor; or
  • call Wageline on 1300 655 266.
• Private sector employees who do not know if there employer is a state system or national system employer can:
  • ask the employer or a manager;
  • check the business entity name of the employer on a payslip or annual payment summary (group certificate), or on a contract or letter of appointment. The business entity name may be different from the trading name e.g. you may work at Perth Café (the trading name) but Café Pty Ltd is the employer;
  • look up the business on the Australian Government’s ABN lookup website – www.abr.business.gov.au. A free search of the trading name on this website will often provide the entity name. If the business entity name is a trust, you will need to contact Wageline to undertake a more detailed search; or
  • call Wageline on 1300 655 266.
• Please read Wageline's disclaimer about system coverage.

State employment laws which apply to national system employers and employees

State laws on when children can work apply to all national system employers and employees in Western Australia, and the state Long Service Leave Act 1958 also covers many national system employers and employees.

National employment laws which apply to state system employers and employees

The provisions of the national Fair Work Act on notice of termination, parental leave and sexual harassment apply to employers and employees in the state system. This website includes information on the national requirements regarding notice of termination and parental leave. 

Learn about the changes to state employment laws that commenced on 20 June 2022.