Our FAQ
What long service leave rules apply in Western Australia?
WA long service leave is governed by the Long Service Leave Act 1958. Employees qualify for 8.667 weeks of paid leave after 10 years of continuous service with the same employer, with a further 4.333 weeks accruing for every five years after that. Pro-rata payout is generally available from seven years if employment ends, except in cases of serious misconduct. The calculation method and what counts as continuous service can be complicated for employers with casual or irregular staff. If you're unsure how to calculate an entitlement, we can walk you through it.
What should WA employers do before terminating an employee?
You need a valid reason, whether that's genuine redundancy, serious misconduct, or documented underperformance with a fair process behind it. The employee must be told the reason, given a chance to respond, and allowed a support person. You also need to calculate the correct notice period under the relevant award and account for any accrued entitlements including long service leave. The process may differ depending on whether your business falls under Fair Work or the WA state system. Small business employers under the national system have a separate unfair dismissal code with its own checklist. We help WA employers work through the correct steps before acting.
How do WA employers work out which award applies?
It starts with working out which industrial relations system covers your business. National system employers, meaning most incorporated businesses, follow modern awards under Fair Work. Sole traders, partnerships and some unincorporated employers may fall under WA state awards instead, which have different classification structures and pay rates. Within either system, award coverage is based on the work an employee actually performs, not their job title. If you're operating across multiple awards or unsure which system applies, we can help you match roles to the correct classification.
Does my WA business fall under Fair Work or the state system?
Most private sector employers in WA are constitutional corporations, meaning they're incorporated (Pty Ltd) and engage in trading or financial activity. These businesses fall under the national Fair Work system. Sole traders, partnerships and unincorporated businesses generally fall under WA's state system, governed by the Industrial Relations Act 1979 and overseen by the WA Industrial Relations Commission. The system that applies to your business affects minimum conditions, award coverage, dispute resolution and termination processes. If you're not sure which one covers you, we can help you work it out.
Can a WA employer dismiss someone for misconduct without warnings?
Summary dismissal, meaning termination without notice, is only available for serious misconduct such as theft, fraud, violence or a serious safety breach. The conduct must be severe enough to fundamentally undermine the employment relationship. Even then, you still need to investigate, put the allegation to the employee, allow them to respond and document everything. If the misconduct doesn't meet that threshold, you'll need to follow a formal warnings process before termination is an option. We can help you assess whether summary dismissal is justified in your situation.
What happens if WorkSafe WA issues an improvement notice?
An improvement notice means WorkSafe WA has identified a contravention of the Work Health and Safety Act 2020 and is requiring you to fix it within a specified timeframe. Failing to comply can lead to prohibition notices, on-the-spot fines or prosecution. Penalties for serious WHS breaches in WA can reach up to $10 million for businesses and individuals can face up to 20 years imprisonment for industrial manslaughter offences. If you've received a notice or have an inspection coming up, we can help you understand what's required and how to respond.
What WA public holidays do employers need to get right?
Western Australia observes all national public holidays plus Western Australia Day on the first Monday in June. WA also schedules the King's Birthday in late September, which is different to most other states. Western Australia has announced changes to its public holiday calendar scheduled to begin in 2028, including moving WA Day to November and shifting the King’s Birthday to June. Employees who work on a public holiday are generally entitled to penalty rates under their award, though the rate varies depending on employment type and award coverage. Getting public holiday pay wrong across casual, part-time and full-time employees is a common payroll error, so it's worth checking your obligations if you have staff working on those days.
