The Industrial Relations Legislation Amendment Bill 2021 (WA) (IR Bill) proposes an amendment to the Industrial Relations Act 1979 (WA) (IR Act) to enable a declaration to be made by the Federal Minister for Industrial Relations that all WA Local Government authorities are not ‘national system employers’ for the purpose of the Fair Work Act 2009 (Cth) (FW Act) (s. 14(2) FW Act). The effect of this legislation is to transition Local Governments to the State industrial relations system (State 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.
 
It is likely that the IR Bill will be passed by WA Parliament before Christmas 2021 or by February of 2022. The transition of Local Governments to the State IR System is however still subject to:
  • the drafting of State regulations to specifically:
    • declare that Local Governments are not to be national system employers for the purpose of the FW Act; and
    • fix a day for the purpose of that declaration.
  • the Federal IR Minister endorsing the declaration in writing under s.14(4) of the FW Act.  
A copy of the IR Bill, the Explanatory Memorandum and the progress of the Bill 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.
State Legislation and Instruments
The employment legislation and instruments which apply in the State industrial relations system are outlined here. 
State IR Transition Bulletin
WALGA Employee Relations will continue to update the sector via the monthly State IR Transition Bulletin.
Resources
Find a number of resources assisting subscribers to navigate the State industrial relations transition including webinars, fact sheets, guides and templates.
Sector Reference Group
WALGA Employee Relations reconvened the Sector Reference Group in 2021 to address the propose transition of Local Governments to the State industrial relations system.