As an employer it is important to be aware of and fulfil your employment obligations. This section will help you understand workplace regulations.
State and national industrial relations systems
There are two different systems of employment regulation that operate in Western Australia – the Western Australian state industrial relations system and the national industrial relations system.
It is important that you know which system applies to your business as this will determine the employment laws that apply to the business and your obligations as an employer.
The Western Australian State industrial relations system covers employers who are not constitutional coporations and their employees. In general terms this includes employers who are sole traders and some partnerships and trust arrangements.
This system is regulated by the Industrial Relations Act 1979, underpinned by minimum conditions and includes State awards that apply to many employers.
Employment law for a family run business
A common workplace myth across many industries is that if your children, siblings or any other family members work for your business you are not required to comply with employment law.
Family members working in a business are deemed to be employees and are entitled to correct pay and conditions under State or national employment laws including (but not limited to):
- Pay and hours of work;
- Meal breaks; and
- Parental, long service, annual and sick leave.
If you are unsure which employment regulation system covers your business, contact Wageline on 1300 655 266 or refer to commerce.wa.gov.au/wageline