The Western Australian Industrial Relations Commission ('WAIRC') is an independent body that helps resolve workplace disputes between employers and employees in Western Australia.
WAIRC deals with a broad range of employment and industrial matters including disputes about dismissal, wages, discipline, contractual benefits, and union matters.
What types of complaints can you make?
You can lodge a complaint with WAIRC in the form of an application or by making a claim on a variety of matters, including:
- Unfair Dismissal: Complaints about harsh, oppressive, or unfair termination of employment.
- Workplace Bullying and Sexual Harassment: Requests to stop ongoing workplace bullying or sexual harassment.
- Denied Contractual Benefits: Claims about benefits promised under an employment contract but not delivered.
- Flexible Work Arrangement Disputes: Complaints about denied or unresolved flexible work requests.
- Equal Pay: Concerns about unfair differences in pay between genders for doing work of the same value.
- Long Service Leave Disputes: Entitlement disputes, including certain reviews of the Construction Industry Long Service Leave Payments Board.
- Public Sector Employment Decisions: Request a review of employment decisions like disciplinary actions, performance issues, reclassification, certain redeployment or redundancy, and some dismissal decisions.
- Breaches of public sector standards: Refer an unresolved complaint about breaches of public sector standards (e.g., Termination, Employment, or Grievance Resolution Standards).
- Union and Employer Industrial Matters: Disputes about dismissals, discipline, wages, rosters, redundancy, industrial action, union activity, bargaining, or interpretation of award or industrial agreement.
- Removal from Office Appeals: Appeals by police, prison, or youth custodial officers against removal decisions.
- Training Contract Appeals: An apprentice or trainee can make an appeal against the decision to cancel or terminate their training contract.
- Registered Organisation Matters: Issues related to WA registered unions or employer organisations, such as rule changes or election disputes.
- Applications to the Road Freight Transport Industry Tribunal: Complaints about owner-driver contracts, joint negotiation disputes, or breaches of the code of conduct.
- Applications to the Work Health and Safety Tribunal: Request a review of certain decisions or unresolved safety issues.
- Applications to the Police Compensation Tribunal: Appeals by medically retired police officers about compensation determinations.
WAIRC does not handle:
- Employee complaints made against National System Employers – these may be handled by the Fair Work Commission.
Location/Jurisdiction: WAIRC has the authority to hear complaints under the law of Western Australia, specifically, the Industrial Relations Act 1979 (WA).
Time limits:
- Unfair Dismissal and Removal from Office Claims: Submit within 28 days of the decision.
- Contractual Benefits Claims: File within 6 years of when the benefit was due.
- Apprentices and Trainees Training Contract Appeals: Submit within 14 days of the decision to terminate the training.
- Applications to Stop Sexual Harassment: Apply within 24 months of the last incident. Applications after 2 years may be dismissed.
- Public Sector Redeployment or Redundancy: Submit within 21 days of the decision.
- Construction Industry Long Service Leave Appeals: File within 21 days of the decision.
- Other Public Sector Matters: For most matters you must apply within 28 days of the decision or finding.
- Police Compensation Tribunal Disputes: Submit within 28 days of the Police Commissioner’s notice of assessment outcome or within 28 days of the officer’s entitlement day.
Who can you make a complaint against?
You can submit a complaint against:
- An Employer or Former Employer: The company that employed you, not just the name of the owner or manager.
- A State Government Employer: For public sector matters, this refers to the government authority or department that employed you.
- A Public Sector body: For claims about breaches of public sector standards, this is the organisation where the original complaint was made.
- An Employer or Individual in Bullying or Harassment Maters: The employer or person responsible involved in bullying or sexual harassment matters.
Are you eligible to make a complaint?
Depending on the matter, the applicant may be an employee, former employee, worker, prospective worker, public service officer, government officer, registered organisation, employing authority or another authorised person.
Anonymous complaints will not be accepted.
You can appoint a representative to make a complaint on your behalf and help you with your case. To appoint a representative, submit Form 11 to the WAIRC.
Pre-requisite steps: Some complaints require steps before lodging.
- Flexible Work Arrangement Disputes: You must have made prior attempts to resolve the issue. This includes making a written request and receiving a refusal or no response within 21 days.
- Breach of Public Sector Standards: You must have submitted a written claim to the public sector body and waited 21 days for a resolution.
- Reclassification Applications: Meet pre-submission requirements before filing.
What can this body do to help?
WAIRC may provide free mediation or hold several conciliation conferences to help resolve employment disputes without needing a hearing. If these efforts are unsuccessful, the matter may proceed to a hearing where WAIRC will issue a binding decision, known as a determination.
The outcomes and decisions available depend on the type of claim or application you submit, and may include:
Reinstatement and Employment Remedies: WAIRC can order reinstatement to a former position, re-employment in a suitable role, or continuity of employment where appropriate.
Compensation and Financial Remedies: WAIRC may award compensation for loss or injury caused by unfair dismissal or sexual harassment, capped at 6 months’ pay for dismissal cases. It can also order payment for lost wages.
Preventive Orders: WAIRC can issue orders to prevent future bullying, sexual harassment, or other workplace issues, ensuring a safer work environment.
Decision Reviews and Appeals: WAIRC can review, overturn, or require reconsideration of decisions related to public sector matters, apprenticeship terminations, and long service leave disputes.
Procedural and Interim Orders: WAIRC may issue directions to manage cases efficiently, including timetables, evidence handling, and other procedural steps.
Dismissal of Applications: Applications may be dismissed if they are invalid, out of time, or lack merit.
Enforcement of Orders: WAIRC orders are binding and enforceable, with breaches handled by the Industrial Magistrates Court.
Costs and Expenses: WAIRC can order payment of costs and witness expenses, excluding legal fees.
How to prepare your complaint:
When preparing your complaint, include as much clear information as possible, including:
Personal details: Include your name, address, phone number, and email address. Indicate if you need an interpreter or any communication accommodation. Include information on your representative, if you have one.
Details about the person or company you are complaining about: name of person or business, business trading name, ACN or ABN number, address, phone number, email, and nature of business.
Relevant Facts: The form you complete will guide you on what details to provide, but may include:
- Date, time, and location of the incident.
- Detailed description of what happened.
- Your desired outcome.
- Why your complaint or application should be accepted.
Evidence: Provide supporting documents related to the issue you are complaining about.
What NOT to include: Background documents that may be needed at a hearing can be provided later. At this stage, include only documents that are directly related to the dispute.
Lodging your complaint and next steps:
You can submit your complaint using the online forms, email, post or in person.
- Online Forms: Please see the WAIRC website here for a full list of forms and guidance on which form to use for your complaint.
- All WAIRC Forms: Portal - All Forms
- Email: registry@wairc.wa.gov.au
- Post: Locked Bag 1, Cloisters Square, Perth WA 6850
- In Person: You can also submit your completed form in person at Level 17, 111 St Georges Terrace, Perth WA 6000
What happens next: The Respondent will have the opportunity to respond to your claim or application by filing their own form. The WAIRC will send you a copy of both your completed form and any response filed.
Other things to know: If you need assistance with your complaint, you can contact WAIRC.
- Phone: 08 9420 4444
More information:
Refer to the factsheet provided below for more information.
