Employment Law Lawyers in Western AustraliaOne Call Away
Need an employment lawyer in Western Australia? LawyerLink connects you with a verified WA partner firm. Our AI intake handles urgent matters 24/7. Coverage includes unfair dismissal applications, general protections claims, workplace bullying, discrimination, state and federal industrial matters, mining-industry disputes, and post-employment restraints.
Employment Law in Western Australia
Employment law in WA operates across two main systems with some distinctive WA features. Most private-sector national-system employees are covered by the federal Fair Work Act 2009 (Cth). WA private-sector employees of non-national-system employers (a small but real category) are covered by the WA state industrial system under the Industrial Relations Act 1979 (WA), with disputes heard in the WA Industrial Relations Commission. WA public-sector employees are also covered by the WA state system. Identifying which system applies at the outset matters substantially.
Unfair dismissal claims under the Fair Work Act must be filed with the Fair Work Commission within 21 days of dismissal — a strict deadline rarely extended. To be eligible, an employee must have completed the minimum employment period (6 months for most employers, 12 months for small business). Remedies include reinstatement or compensation capped at 26 weeks' pay.
General protections claims also proceed under the Fair Work Act. Dismissal-based claims have a 21-day deadline; non-dismissal claims have no equivalent cap. General protections cover adverse action for exercising a workplace right, discrimination on protected attributes, and union-related activity. Damages are uncapped.
Workplace bullying applications under section 789FC of the Fair Work Act allow the Fair Work Commission to make orders to stop bullying — but only where the worker remains in the workplace. Discrimination claims have multiple pathways: federal discrimination law, WA Equal Opportunity Act 1984 (WA) claims through the WA Equal Opportunity Commission, and Fair Work Act general protections.
Mining-industry disputes are a substantial feature of WA employment practice. The combination of FIFO workforces, complex contractor arrangements, EBA frameworks, and remote-site conditions produces a specific cluster of issues. Post-employment restraints in WA are governed by common-law restraint-of-trade principles — WA has no equivalent to the NSW Restraints of Trade Act 1976.
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Employment Law in Western Australia — FAQs
- How long do I have to make an unfair dismissal claim in WA?
- 21 days from the date of dismissal under the Fair Work Act. The Fair Work Commission rarely extends this deadline. If you miss it, the unfair dismissal jurisdiction is closed and other claims may need to be considered. Move quickly.
- What compensation can I get for unfair dismissal in WA?
- Compensation under the Fair Work Act is capped at 26 weeks of the employee's pay (subject to the high-income threshold, currently around $175,000). The Commission can also order reinstatement. Median awards have historically been 6-12 weeks' pay.
- What is the difference between the WA state and federal systems?
- Most WA private-sector employees are covered by the federal Fair Work Act (national system). A small category of WA non-national-system employers and WA public-sector employees are covered by the WA state industrial system under the Industrial Relations Act 1979 (WA). Identifying which system applies determines which forum (Fair Work Commission or WA Industrial Relations Commission) has jurisdiction.
- Are non-compete restraints enforceable in WA?
- Generally less enforceable than in NSW. WA has no equivalent to the NSW Restraints of Trade Act 1976. A WA restraint drafted too widely is typically struck out entirely rather than partially saved. Careful drafting of scope, duration, and geography matters substantially.
- Do you handle mining-industry employment matters?
- Yes. Mining-industry employment is a substantial slice of WA employment practice. Our WA network includes partner firms whose practice covers FIFO workforce issues, contractor arrangements, EBA negotiations, and the WA mining-industry-specific cluster of unfair-dismissal and general-protections cases.