Employment guides and templates

Workplace relations systems

Employees in every state and territory except Western Australia are covered by the federal industrial relations system (sometimes called the national workplace relations system) under the Fair Work Act.

Employees in Western Australia may be covered under the federal or state system, depending on the type of business.

Learn more in our guide to the federal industrial relations system or check the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) website to find out which system applies in Western Australia.

Wages and conditions

Awards

The minimum wages and conditions an employee is entitled to are set out in awards (also known as modern awards). Awards don’t apply when an employer has an enterprise agreement or other registered agreement and the employee is covered by it.

The Fair Work Ombudsman has a list of all the awards under the federal system. We also have guides to the most common awards for Aboriginal and Torres Strait Islander corporations.

For award employees under the WA state industrial relations system, the Western Australian Industrial Relations Commission has a list of all the awards under the state system.

DEMIRS also publishes detailed summaries online. We've provided links to the most common WA awards for Aboriginal and Torres Strait Islander corporations. 

Award free

When an employee is not covered by an award or agreement they are considered to be award and agreement free. Award and agreement free employees may have an employment contract. They are also entitled to at least the:

Learn more in our guides to conditions of employment for award free employees.

Contracts

The wording of a contract depends on:

  • which system you are employing a person under
  • whether they are being employed under an award.

You can use our contract templates to get started. We've also provided a guide to filling out each template.

Federal industrial relations system

Award

Award free

WA state system

Award

Award free

Ending employment

It's important to understand what you can and can't do if things aren't going well. There are certain things you must do under the law.

The Fair Work Ombudsman has some excellent guidance on managing underperformance and dispute resolution.

Termination

How you can terminate someone's employment changes depending on the size of your corporation under the Fair Work Act.

Learn more in our guides to terminating employment.

For more information about your rights and responsibilities towards your employees, visit the Fair Work Ombudsman website.

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