Progress of the proposed transition of Local Governments to the State IR system
 
A summary of the outstanding steps that are required to be completed before Local Governments are transitioned to the State industrial relations (IR) system can be viewed here.

A vital step in the process is for the Federal Minister for Employment and Workplace Relations to endorse a declaration that Local Governments are not national system employers under s.14(2) of the Fair Work Act 2009 (Cth).
 
WALGA recently wrote to the new Federal Minister for Employment and Workplace Relations (see here). On 7July 2022, the Attorney General’s Department of the Australian Government advised that it will carefully consider the matters raised in WALGA’s latest correspondence to the Federal Minister if a request is received from the State Government to endorse such a declaration.
 
In practical terms this means it is still unclear whether any declaration will be endorsed by the Federal Minister, and therefore the time frame for commencement of any transition is also still unclear.

State Government sector engagement
 
We understand the WA Minister for Industrial Relations has sought to meet with a number of Local Governments to discuss the proposed transition.

WALGA met with the Minister in May 2022 and we wrote to the Minister following our meeting (see here). 

DMIRS resources
 
The Department of Mines, Industry Regulation and Safety (DMIRS) has updated its website, including the award summaries, to incorporate the changes brought about by the Industrial Relations Legislation Amendment Act 2021 (WA) (IRLA Act) on 20 June 2022.  
 
DMIRS has also published a fact sheet on the transition of Local Government employers into the State system.
 
New WALGA subscriber resources
 
WALGA ER has created a suite of resources to assist Local Governments subscribers to the WALGA ER service prepare for the potential transition to the State IR system.
 
Award comparison guides
 
The award comparison guides have now been updated to reflect the national/state minimum wage decisions. The following additional guides have also now been published: Record keeping obligations
 
In addition to the information prepared by DMIRS about the record keeping and payslip requirements in the State IR system, WALGA ER has prepared a new fact sheet that summarises the additional record keeping obligations for:
  • Local Governments currently operating in the State IR system that are impacted by changes to the IR Act, and
  • Local Governments currently operating in the Federal IR system, that will have to comply with the IR Act if/when they transition to the State IR system.
WALGA will continue to update you on key changes and impacts as they arise via the State IR Transition Bulletin.
 
If you subscribe to the WALGA Employee Relations service and have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.