Further to our ER Alert dated 19 September 2024, the Industrial Relations Legislation Amendment Bill 2024 (IRLA Bill 2024) was passed by the WA Parliament on 6 November 2024, and is awaiting Royal Assent. The IRLA Bill 2024 makes changes to the Industrial Relations Act 1979 (IR Act) and the Minimum Conditions of Employment Act 1993 (MCE Act) and other state employment legislation.
The following lists the major changes to the IR Act which will come into effect on 31 January 2025:
- Section 6 - new objects to promote gender equality and prevent bullying and sexual harassment.
- Section 7 -new and amended definitions including “employee” and “employer” and “casual employee”.
- New sections 7A and 7B inserting multi-factorial test to determine if a person is an employee, and if an employee is a casual employee.
- New section 24A putting the onus on proving if a person was or was not an employee on the party asserting the status.
- New sections 49N to 49Y establishing a fit and proper person test for a union official to obtain a right of entry permit and related matters.
- New sections 51BI to 51BP concerning stop bullying orders.
- New sections 51BQ to 51BZE introducing a prohibition on sexual harassment in connection with work.
- New sections 51D to 51I concerning the role of the Commission in Flexible working arrangement disputes.
- Amendments to various sections to increase the penalties for contravening State employment laws. The maximum penalties will increase from $65,000 to $93,000 for a body corporate and $13,000 to $18,000 for an individual.
- Amendments to the entitlement provisions so that the Local Government (Long Service Leave) Regulations 2024 can be enforced under the IR Act.
The following lists the major changes to the MCE Act which will come into effect on 31 January 2025:
- New section 2A inserting objects of the MCE Act to provide fair minimum conditions of employment and to balance work and family.
- New definitions inserted in section 3 to harmonize with definitions in the IR Act.
- New definition of member of employee’s family or household to refer to their spouse or de facto partner family members.
- Section 11 amended to increase the casual loading to 25% of the minimum weekly rate of pay.
- Amendments to various sections with respect to payment and accrual of paid leave for employees receiving workers’ compensation.
- New sections 29 – 33 inserting a right of an employee to be absent from work on a public holiday; employer ability to request an employee to work on a public holiday and employee right to refuse a request to work on a public holiday (even if request is reasonable).
- Part 4 Division 6 Parental leave deleted and to be covered by the Fair Work Act 2009 (Cth) (FW Act) only.
Further resources relating to the IRLA Bill
The proposed amendments can be viewed via the following Blue Bills:
The WALGA Final Phase of State IR Transition webinar (accessible here) discussed section 41(9) of the IR Act and also the changes introduced by the IRLA Bill 2024.Further information about the IR reform is available on the Department of Energy, Mines, Industry Regulation and Safety website here.
Register now for the IRLA Bill Webinar!
WALGA ER subscribers can register to attend the Industrial Relations Bill Webinar on 3 December 2024 from 10am here.
The Webinar will:
- Cover key reforms to the Industrial Relations Legislation Amendment Bill 2024.
- Provide an opportunity to address the sectors questions and concerns.
If you have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.
