Introduction

Contributed by Clare Ozich and current to 1 September 2005

The Australian industrial relations system is a complex mosaic of Commonwealth and State legislation and common law. As a result, the rights and entitlement of workers derive from a wide range of sources, including legislation, awards, industrial agreements, certified agreements, individual workplace agreements and the common law.

There are several tiers of regulation of working conditions in Australia. At the Federal level there is a general Act, the Workplace Relations Act 1996 (Cth). This Act sets out the procedure for the certification of Federal awards and agreements, including individual workplace agreements known as Australian Workplace Agreements; governs the affairs of federally registered unions; and sets out many of the rights and duties of employees and employers.

At the State level in Western Australia, a number of pieces of legislation provide regulation of employment-related issues. These include the Industrial Relations Act 1979 (WA) and the Minimum Conditions of Employment Act 1993 (WA). There is also specific legislation relating to long service leave provisions (the Long Service Leave Act 1958 (WA).

Other State and Federal legislation, for instance in relation to equal opportunity and anti-discrimination, occupational health and safety and workers’ compensation, also affects working conditions.

The working relationship between the Federal and State legislation is that, generally, Federal law and industrial awards will prevail over inconsistent State laws. Federal certified agreements prevail over inconsistent Federal industrial awards and over State laws (except State laws in relation to occupational health and safety, worker’s compensation, apprenticeship and termination of employment – for instance, unfair dismissal laws). Federal Australian Workplace Agreements prevail over State laws and Federal and State awards and agreements.