On Wednesday 18 September 2024, the Industrial Relations Legislation Amendment Bill 2024 (WA) was introduced as part of the West Australian Government’s wider reforms to the State’s employment laws.

The Bill continues the Government’s aim to modernise the State system and includes proposed changes which see minimum conditions brought into line with those of the Federal system.

At this stage, the key reforms contained within the Bill include:

• adopting certain minimum conditions equivalent to the National Employment Standards in the Fair Work Act 2009 (Cth), such as requests for flexible working arrangements and allowing employees to refuse to work public holidays in certain circumstances;
• raising the statutory minimum casual loading for employees from 20% to 25%, which is in line with the casual loading applied in the Federal system;
• expressly prohibiting sexual harassment in connection with work;
• redefining the terms “employee” and “employer”, as well as providing a new objective test to determining who is a casual employee, based on the real substance and practical reality of the working relationship rather than the strict contractual terms;
• increasing civil penalties, which will be more in line with the civil penalties seen in the Federal system. Maximum penalties would increase from $65,000 to $93,000 for a body corporate and $13,000 to $18,000 for an individual, along with higher maximum penalties for serious contraventions;
• abolishing the Public Service Arbitrator (PSA), the Public Service Appeal Board (PSAB) and the redundant Railways Classification Board. The jurisdiction and powers of the PSA and PSAB will be transferred to the general jurisdiction of the West Australian Industrial Relations Commission (Commission);
• establishing a new framework for right of entry permits, including the introduction of a “fit and proper person” test, that requires the Commission to consider a range of criteria, such as whether the person has even been convicted of an industrial law, or has any conviction involving the intentional use of violence or damage to property; and
• improving the regulation of registered industrial agents, including allowing the Regulations to dictate minimum qualifications and experience and allowing the Registrar to inquire into the conduct of an industrial agent.

The Bill is currently being considered by State Parliament and the proposed reforms will only come into effect if the Bill is passed and will apply only to those employees who fall within the State system, such employees of Government departments.

Kingston Reid will keep you updated as the Bill progresses and if it is ultimately passed. In the meantime, do reach out to one of our Perth Partners Duncan Fletcher, Beth Robinson, James Parkinson and Michael Stutley if you have any questions about the proposed new laws and their implications for your organisation.

To keep up with the latest developments across employment, workplace relations and workplace health and safety law, sign up to our e-newsletter, Kingston Reidable by emailing [email protected].

The views expressed in this article are general in nature only and do not constitute legal advice.

Please do not hesitate to contact us if you require specific advice tailored to the needs of your organisation in relation to the implications of these changes for your organisation.