In Western Australia, two workplace relations systems operate; the Western Australian State workplace relations system, and the national workplace relations system.
When the national workplace relations system commenced, the Western Australian Government chose not to refer its workplace relations powers to the Commonwealth, therefore retaining its own workplace relations system.
Western Australian State workplace relations system
SACS employees that are employed by non-constitutional corporations in Western Australia, remain covered by the Western Australian State workplace relations system. This includes organisations that are sole traders and partnerships, but can include other types of organisations. SACS employees that are employed by a constitutional corporation are part of the national workplace relations system. Whether an organisation is a national system employer will be dependent on it being classified as a constitutional corporation.
National workplace relations system
Fair Work Australia’s Equal Remuneration Order only applies to those SACS workers in Western Australia who are employed by a constitutional corporation and are therefore under the national workplace relations system and covered by the Federal government.
Organisations with affected workers covered by Fair Work Australia’s Equal Remuneration Order will receive funding supplementation from the Commonwealth Government if they have programs in scope.
Programs in scope [DOC 78KB ] - Programs in scope [PDF 99KB]
If an organisation is incorporated or a public company, and delivering in-scope programs, they will receive a conditional offer later this year. In order to accept this offer the organisation must be certain that they are part of the national workplace relations system. If they are uncertain they should seek independent legal advice.
All organisations that are not incorporated will receive a letter advising them that the Commonwealth has assumed they are part of the Western Australian workplace relations system and are, therefore, not eligible for supplementation. If organisations disagree with this advice and obtain or already have legal advice to the contrary, they will be able to apply for funding supplementation in accordance with the procedures outlined in the letter.
Confirming constitutional corporation status
SACS organisations in Western Australia who are uncertain of whether they are in the National system are encouraged to consider and assess their constitutional corporation status, prior to the Australian Government sending conditional letters of offer.
Organisations are encouraged to contact their relevant association if they require assistance in conducting a constitutional corporation assessment and what effect this may have on their organisation.
Jobs Australia’s Community Sector Industrial Relations (CSIR) Service - (03) 9349 3699
NDS – (08) 9242 5544
WACOSS – (08) 9420 7222
Australian Services Union – (08) 9427 7777