Your rights at work

There are both WA and Commonwealth workplace laws that cover pay, working conditions, and employee protection from unfair or unlawful decisions to end your employment.

It can be difficult to know what law applies to you and what your rights are. Workers are generally not covered by the national system if they work for:

• the WA government public sector
• Australian corporations whose main activity isn’t trading or financial activity, or
• unincorporated businesses such as sole traders, partnerships or trusts.

Each jurisdiction has its own industrial commission or tribunal to deal with disputes. Claims made under WA laws are heard by the WA Industrial Relations Commission and claims made under the national system are to the Fair Work Commission.

To check if you are covered by WA or national laws, you can ask:

• the Fair Work Commission – call 1300 799 675
• the Fair Work Ombudsman – call 13 13 94
• Wageline – call 1300 655 266
• Pay and conditions
• Your pay and conditions depend on whether you are covered by national or state law. Conditions or entitlements may also be different for some workers because of  their type of employment (for example, permanent or casual).
• When you start a new job, it is a good idea to get a copy of your award, agreement, or contract of employment. This way you will always know what you are entitled to, and you will be able to check if anything does go wrong.
• If you believe there is a breach of contract, or a breach of an award or an agreement, you should get legal advice.
• Remember, if in doubt, get advice and get it fast.
• Our Civil Law Division may be able to give you legal advice and assistance.
• Our Federal Court service for self-represented litigants may be able to assist if you have already been through a conciliation, hearing or other process at the Fair Work Commission or the Fair Work Ombudsman.
• Call our Infoline to find out what help we can give in your situation. If we can’t help, we may be able to refer you to someone else who can.
• Who can I contact to see if I am being paid correctly?
• To work out how much you should get paid, you need to know whether you’re covered by:
• the state or national system
• an award or an enterprise agreement.
• A guide to who is covered by the West Australian state system is on the Department of Energy, Mines, Industry Regulation and Safety website.
• Workers under the WA system
• The Department of Energy, Mines, Industry Regulation and Safety provides information on wages and conditions for all WA system workers , whether they work in the public sector or are employees under WA awards, agreements and legislation. You might need information about:
• pay rates, leave entitlements and other employment arrangements in unincorporated businesses in WA 
• long service leave for employees working in WA
• laws on when and where children under 15 can work in WA.
• You can also contact your union if you are a member.
• The Department has information on how to make a complaint about underpayment or entitlements. You can also get information by calling Wageline on 1300 655 266.
• Workers under the national system
• The Fair Work Ombudsman and Fair Work Commission provide information on pay and conditions for national system employees, including people covered by national modern awards. 
• You can also contact your union if you are a member.
• The Fair Work Ombudsman has the power to take legal action to make your employer pay the minimum wage and entitlements.
• Get help
• Our Civil Law Division may be able to give you legal advice and assistance.
• Our Federal Court service for self-represented litigants may be able to assist if you have already been through a conciliation, hearing or other process at the Fair Work Commission or the Fair Work Ombudsman.
• Other help
• The Circle Green Community Legal website under the heading Workplace has information to help you understand and enforce your rights at work.
• Call on (08) 6148 3636 for free legal help or request help by completing an online form.
• Losing your job
• If you have lost your job or refused to be hired in unfair circumstances, you may be able to make a claim under employment laws.
• Unfair dismissal is when your dismissal from your job is harsh, unjust or unreasonable. An unlawful termination occurs if you are dismissed primarily for a discriminatory reason.  
• If you have been unfairly or unlawfully sacked, you need to get legal advice as soon as possible. Short time limits apply to take action.
• Find out: 
• what unlawful termination can involve
• what you can do if you have been sacked because of your sexual orientation, and
• what time limits apply to take action.
• What are some examples of unlawful termination?
• An unlawful termination occurs if you are dismissed primarily for a discriminatory reason.  
• Under the Fair Work Act 2009 (Cth), an employer must not end your employment because of:
• temporary absence due to illness or injury
• your race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin
• trade union membership or participation in trade union activities 
• non-membership of a trade union
• seeking office or acting as an employee representative
• filing a complaint, or participating in proceedings, against an employer involving alleged breaking of laws or regulations
• absence from work for family or other parental leave, or
• temporary absence from work because of voluntary emergency service activity.
• What can I do if I have been sacked because of my sexual orientation?
• It is unlawful to discriminate against you in the workplace because of your sexual orientation.
• The Fair Work Act 2009 (Cth) makes it illegal to sack someone because of sexual orientation. Employees covered by the national workplace law system can apply to the Fair Work Commission or make a complaint to the Fair Work Ombudsman.  
• If you believe you have been sacked because of your sexual orientation, gender identity or intersex status, you may also have a discrimination claim under sex discrimination legislation. Time limits apply to discrimination claims, so you should get legal advice about your situation as soon as possible. 
• What time limits apply to take action?
• There are strict time limits for starting a claim for unfair dismissal or unlawful termination of employment. If you think your employer has done the wrong thing, you need to act quickly and get legal advice.  
• For unfair dismissal claims
• Claims to the Fair Work Commission must be made within 21 days from the date of dismissal (the time may only be extended in exceptional circumstances). 
• Claims to the WA Industrial Relations Commission must be made within 28 days after the day of dismissal (the time may be extended in some circumstances). 
• For unlawful termination claims
• An unlawful termination claim is only available to national system employees. The application to the Fair Work Commission must be lodged within 21 days of the date of the dismissal. 
• The application fee may be waived by the Fair Work Commission if payment would cause serious hardship. 
• Get help
• You may be able to get legal advice and assistance from Legal Aid WA’s Civil Law Division. Call the Infoline to find out how we can help in your situation. 
• Our Federal Court service for self-represented litigants may be able to assist if you have already been through a conciliation, hearing or other process at the Fair Work Commission or the Fair Work Ombudsman.
• Other help
• Circle Green Community Legal
• Call on (08) 6148 3636 for free legal help or request help by completing an online form.
• Fair Work Commission Workplace Advice Service
• The service is only for employment issues that involve:
• dismissal
• general protections
• bullying at work
• sexual harassment at work.
• Check the Fair Work Commission website to see if you are eligible and to make an appointment for advice.