Transition to State Industrial Relations System from 1 January 2023
The Minister for Industrial Relations has announced that local government employers that currently operate in the national industrial relations system will transfer to the State industrial relations system on 1 January 2023.
This will bring into effect changes arising from the Industrial Relations Legislation Amendment Act 2021 (IRLA Act).
The Department of Mines, Industry Regulation and Safety (DMIRS) has published general information on the changes under the IRLA Act, and a fact sheet (PDF 501 KB) on the transition of local government employers into the State system.
This means on 1 January 2023 that:
- the Minimum Conditions of Employment Act 1993 (WA) and the Industrial Relations Act 1979 (WA) will cover all local government employers and employees, not the Fair Work Act 2009 (Cth)
- the Western Australian Industrial Relations Commission will have primary jurisdiction over employment disputes in local government
- DMIRS will assume an enforcement role in local government employment instead of the Fair Work Ombudsman
- industrial agreements must be negotiated in accordance with the Industrial Relations Act 1979 between the relevant union and the employing local government.
Local governments can contact the DMIRS Wageline for assistance or telephone 1300 655 266.