What is the Western Australian Industrial Relations Commission?
The Western Australian Industrial Relations Commission (WAIRC) is an independent state tribunal that resolves industrial relations disputes and matters for employees and employers covered by the WA state system.
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How it works in practice
Purpose and Role
The Western Australian Industrial Relations Commission (WAIRC) is an independent, quasi-judicial body responsible for the prevention and settlement of industrial disputes within the Western Australian state industrial relations system. It operates under the Industrial Relations Act 1979 (WA) and ensures fair and just outcomes in workplace matters.
Key Functions
The WAIRC's primary functions include hearing and determining industrial disputes, resolving unfair dismissals, setting minimum terms and conditions of employment through awards, registering industrial agreements, and dealing with other industrial matters. It uses various methods such as conciliation, arbitration, and mediation to help parties reach resolutions, aiming to foster stable and harmonious industrial relations across the state.
Scope of Authority
The Commission's jurisdiction primarily covers employees and employers who fall under the state industrial relations system. This generally includes the Western Australian public sector and some private sector employees not covered by the federal Fair Work Act 2009. It provides an accessible forum for resolving workplace issues efficiently.
Important exceptions
The WAIRC generally does not cover employees or employers who are part of the national industrial relations system, which falls under the jurisdiction of the Fair Work Commission. This typically includes most private sector employees in Western Australia. Additionally, the WAIRC does not handle disputes that are outside the scope of the Industrial Relations Act 1979 (WA), such as general civil or criminal matters unrelated to employment.
What you should do now
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Identify if your employment falls under the Western Australian state industrial relations system.
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Gather all relevant documentation related to your industrial dispute or unfair dismissal claim.
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Contact the WAIRC registry or a relevant union/employer association for guidance on the correct application process.
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Prepare to participate in conciliation, mediation, or arbitration proceedings as scheduled by the Commission.
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Consider seeking independent legal advice to understand your rights and obligations within the WA industrial relations framework.
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