Employee / worker

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Once the adjudicator has received the application and the response the adjudicator has 10 business days to assess the dispute and make a determination. If no response is provided, then the adjudicator has 10 business days from when a response would have been due. The adjudicator must decide to...
Subcontractors guide to payment disputes
Once an application for adjudication has been properly served, the first step will be for the appointor to appoint an adjudicator to determine your dispute. Under the Act, the appointor must appoint an adjudicator within five business days after receiving the application and notify all parties in...
Subcontractors guide to payment disputes
Adjudication is a quick, cost effective alternative to going to court or arbitration. While there are specific rules that must be followed, you don’t need to be a legal expert. An application for adjudication is either made to a nominated adjudicator, or to a prescribed appointor. An application...
Subcontractors guide to payment disputes
Once you have submitted a payment claim, one of three things can occur. Either the head contractor (or principal) pays the claim; notifies you they reject or dispute the claim (e.g. by issuing a payment certificate for only part or all of the amount claimed); or fails to pay the claim within the...
Subcontractors guide to payment disputes
The first step in the process, if you have not already done so, is to make a claim for payment under your contract. Most written contracts contain provisions detailing how and when claims for progress payment, final payment or return of security are made, and how the head contractor (or principal)...
Subcontractors guide to payment disputes
The Act applies to all contracts for the carrying out of construction work in Western Australia entered into after 1 January 2005. Construction work is defined in the Act to include the carrying out of most trade work, or supply of goods and services, typically associated with building and...
Subcontractors guide to payment disputes
For anyone working in the construction industry, the Act provides a number of very important protections to ensure fair conduct and cash flow. The Act: Provides that contracts with payment on terms greater than 50 days shall be read as requiring payment within 50 days (be aware that from 3 April...
Subcontractors guide to payment disputes
You have carried out work on a construction project and have not been paid, or the client has refused to pay you the full amount owed. What do you do? It is important to understand that your right to be paid comes from your contract and you need to follow the payment process set out in your...
Subcontractors guide to payment disputes
This guide is intended to help you understand how to resolve contractual payment disputes using the Construction Contracts Act 2004 (the Act) and outlines the process for parties undertaking rapid adjudication and the rights and obligations of parties to contracts for building and construction work...
Subcontractors guide to payment disputes
In Western Australia workers have been killed by lightning, the most recent in 2014 when a backpacker working on a farm at Bruce Rock died after she was struck by lightning. Workers are most at risk working out in the open, on the sea or other waterways or sheltering under trees or other structures...
Environmental factors

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Publications

On 16 December 2015, Mr Lex McCulloch the WorkSafe Western Australia Commissioner announced the Department of Commerce – WorkSafe Division (WorkSafe) would be undertaking a review of the model Work...
WorkSafe
Information
12 Jul 2017
The public comment period for the Work Health and Safety Regulations for Western Australia Discussion paper ended on 31 August 2016. The Department of Commerce – WorkSafe Division (WorkSafe) is...
WorkSafe
Information
12 Jul 2017
Conciliation is a process whereby parties, with the help of a conciliator, meet to identify issues, develop solutions to the problem and explore ways to reach an agreement. This publication is a...
Building Commission
Information
12 Jul 2017
2017 Safety alert 01/2017 - Raw asbestos found in empty sea containers 2016 Safety alert 01/2016 - Concrete pumping operations in the construction industry - a risk management approach Safety alert...
WorkSafe
Alert
12 Jul 2017
Hot work includes activities such as grinding, welding, thermal or oxygen cutting or heating, and other related heat or spark producing operations. Undertaking hot work in an area where flammable...
WorkSafe
Fact sheet
16 Jun 2017
WorkSafe is seeing ongoing non-compliance with wall chasing work, such as: Use of petrol powered saws without local exhaust ventilation (LEV) on-tool, exposing workers to toxic carbon monoxide;...
WorkSafe
Bulletin
13 Jun 2017
Recently WorkSafe became aware that a number of empty sea containers had come into Fremantle port contaminated with raw chrysotile (white asbestos). The friable asbestos was present within the sea...
WorkSafe
Alert
30 May 2017
Oil or fat may need to be drained from free standing or bench-top fryers for filtering, cleaning or disposal. Risk factors associated with draining deep fryers include: burns from either hot oil or...
WorkSafe
Fact sheet
31 May 2017
WorkSafe Western Australia is the government agency responsible for regulating WA’s occupational safety and health (OSH) legislation. This fact sheet offers essential information to assist employers...
WorkSafe
Fact sheet
29 Jun 2017
Wageline's Record keeping obligations fact sheet provides a publication format version of the information on the Record keeping requirements page of this website for ease of printing.
Labour Relations
Fact sheet
07 Aug 2017

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Announcements

Since March this year the Department has been conducting a proactive compliance campaign about the employment of children in the fast food industry. The campaign has been aimed at fast food businesses in the Perth metropolitan area and is about educating employers about the employment of children laws under the Children and Community Services Act 2004 . The Department is now extending this...
Labour Relations
Department News
25 Oct 2017
A common misconception about the employment of casual employees is that an employee can be a 'full time casual' or a 'permanent casual.' A casual employee is an employee employed to work on an irregular basis with no expectation of ongoing work. There is no type of employment which is 'full time casual' or 'permanent casual.' Employers need to be aware that if a casual employee is working regular...
Labour Relations
Department News
23 Oct 2017
WorkSafe has begun a proactive inspection program looking at safety issues with cleaners in WA schools. The inspection program will involve inspectors visiting government and non-government primary and secondary schools in Perth and regional areas of the State throughout the remainder of the 2017/18 financial year. WorkSafe Acting Director Sally North said today the inspection program had been...
WorkSafe
Media release
12 Oct 2017
A common question Wageline is asked by both employers and employees is 'which WA award applies?' WA awards are legal documents that cover many businesses and employees in the state industrial relations system and these awards set the minimum pay rates and entitlements for an industry or occupation. Knowing which award covers a particular industry or occupation can sometimes be complex. Wageline...
Labour Relations
Department News
11 Oct 2017
The five winners of the prestigious 2017 Work Safety Awards Western Australia were announced this morning. RAC WA, Fremantle Commercial Diving and The Lifting Company, Kimberley Ports Authority, City of Cockburn and Alison Marais are the winners of the Award categories. DMIRS Acting Deputy Director General Safety Simon Ridge said this morning the five winners were examples of the many excellent...
WorkSafe
Media release
06 Oct 2017
Business owners and business advisors need to be aware that all employers must comply with Western Australia's laws on employment of children. The Children and Community Services Act 2004 regulates where, when, and at what age children can be employed. In most industries, children under 15 cannot be employed unless they are working in a family business run by a relative or in a not for profit...
Labour Relations
Department News
02 Oct 2017
Wageline often receives calls about the requirements for paying out annual leave when an employee resigns or is terminated. Under the Minimum Conditions of Employment Act 1993 employees who leave their employment lawfully, or who are dismissed by the employer through no fault of their own, must receive payment for all annual leave (including pro rata annual leave) on termination. Under this Act,...
Labour Relations
Department News
28 Sep 2017
A grain cooperative has been fined $37,500 (and ordered to pay $3577 in costs) over insufficient guarding on machinery that lead to a worker sustaining a serious hand injury. Cooperative Bulk Handling Ltd (CBH) pleaded guilty to failing to provide and maintain a safe work environment and, by that failure, causing serious harm to an employee, and was fined in the Southern Cross Magistrates Court...
WorkSafe
Media release
26 Sep 2017
Monday 25 September is the Queen's Birthday public holiday in Perth and most of regional Western Australia. Employers in the state industrial relations system can check their employment obligations for this public holiday on the Pay rates for public holidays page or contact Wageline for more information.
Labour Relations
Department News
20 Sep 2017
Wageline often receives calls from employees who believe they have not been paid the correct wages or entitlements and Wageline advises clients on the process for resolving an underpayment issue. Wageline has developed a new fact sheet about this process which outlines the steps for an employee to follow if they are concerned about underpayment of wages or entitlements. Wageline is able to assist...
Labour Relations
Department News
30 Oct 2017

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