WA Local Governments transition to State IR system on 1 January 2023
The State Government has announced that the ‘relevant day’ for the transition to the State industrial relations (IR) system will be 1 January 2023.
Please see media statement from the WA Government here.
This means that from 1 January 2023:
  • The Minimum Conditions of Employment Act 1993 (WA) (MCE Act) and the Industrial Relations Act 1979 (WA) will cover Local Government employers and employees (not the Fair Work Act 2009 (Cth), with the exception of some provisions that apply to non-national system employers).
  • The employment tribunal will be the Western Australian Industrial Relations Commission (not the Fair Work Commission).
  • The regulator which enforces compliance against the State employment laws will be the Department of Mines, Industry Regulations and Safety (DMIRS) (not the Fair Work Ombudsman).
  • The Local Government Industry Award 2020 (LGIA) will become a transitional instrument and will continue to apply for each Local Government. If any provisions of the MCE Act are more beneficial than the LGIA provisions, you will have to apply the MCE Act provision.
  • If you have an enterprise agreement, it will become a transitional instrument and will continue to apply. If any provisions of the MCE Act are more beneficial than the agreement provisions, you will have to apply the MCE Act provisions.

Register now for our upcoming webinar – State IR Transition: Q&A with WALGA & DMIRS
WALGA is hosting a webinar to discuss Local Governments' transition to the State IR system which will occur on 1 January 2023.

This webinar will provide an overview of the transitional provisions and address some FAQs. There will also be an opportunity to ask questions which will be answered by a panel with Department of Mines, Industry Regulation and Safety (DMIRS) and WALGA representatives.
Date: Tuesday, 29 November
Time: 10am – 10:45am
Register here
State Government resources
The State Government has the following resources on the transition and State employment laws:
  • The DMIRS website for private sector employers and employees can be viewed here
  • A factsheet for Local Governments on the transition can be viewed here
  • Wageline can be contacted on 1300 655 266.

WALGA resources
For the sector
WALGA will continue to issue SIRT Bulletins to the sector with any new information on the transition. Previous SIRT Bulletins can be viewed here. Links to publicly available general resources on the State IR system can be viewed here.
For WALGA ER subscribers
We have prepared a large number of subscriber resources to assist with the transition. As a starting point, view our Checklist – Preparing for the Transition to the State IR System and a Template Employee Engagement Letter (which we have updated to include the transition date).
We have prepared a new Template PowerPoint Presentation for Local Governments to use to communicate this change to employees which can be downloaded here.
WALGA will continue to update you on key changes and impacts as they arise via the State IR Transition Bulletin.
If you have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.