The Industrial Relations Legislation Amendment Bill 2021 (WA) (IR Bill) amendments to the Industrial Relations Act 1979 (WA) (IR Act) to enable a declaration to be endorsed by the Federal Minister for Employment and Workplace Relations that all WA Local Government and Regional Councils (Local Governments) are not ‘national system employers’ for the purpose of the Fair Work Act 2009 (Cth) (FW Act) (s. 14 FW Act). The effect of this legislation is to transition Local Governments to the State industrial relations (IR) system.
 
At this stage it is unclear whether the transition of Local Governments to the State IR system will occur and if so, how long the process will take.
 
The IR Bill received Royal Assent on 22 December 2021 as Act No. 30 of 2021 and the remaining parts of the IRLA Act were proclaimed on 17 June 2022. The IRLA Act  amended the Industrial Relations (General) Regulations 1997 (WA) which now individually names Local Governments not to be national system employers for the purpose of the FW Act.   

A summary of the outstanding steps that are required to be completed before Local Governments are transitioned to the State IR system can be viewed here.

A copy of the IR Bill, the Explanatory Memorandum and the progress of the Bill through WA Parliament can be viewed here.
 
The transition of Local Governments to the State IR system was recommended in the Ministerial Review of the State IR system.
 
Sector Communications
 
WALGA Employee Relations will be informing the sector on the progress of the IR Bill via the release of monthly State IR Bulletins and the WALGA website. All State IR Bulletins released can be viewed here.
 
Subscribers to the WALGA Employee Relations Service
 
WALGA Employee Relations has commenced developing a number of resources for subscribers to the service. Subscribers can review the resources here, after logging in to the WALGA website here.

If you have any questions, please contact WALGA Employee Relations by emailing employeerelations@walga.asn.au or calling 1300 366 956.
The employment legislation and instruments which apply in the State industrial relations system are outlined here. 
WALGA Employee Relations will continue to update the sector via the monthly State IR Transition Bulletin.
Find a number of resources assisting subscribers to navigate the State industrial relations transition including webinars, fact sheets, guides and templates.
WALGA Employee Relations reconvened the Sector Reference Group in 2021 to address the propose transition of Local Governments to the State industrial relations system.