Why unfair dismissal in WA works differently
Western Australia is the only state where a private sector employee might not be covered by the Fair Work Commission. WA never referred its industrial relations powers to the Commonwealth for employers that are not companies, so two systems run side by side.
Which one you are in decides where you lodge, how long you have, and what you can recover. Lodging in the wrong place can cost you the claim, because by the time it is sorted out the deadline in the other system may have passed.
Which system covers you
It turns on what kind of legal entity your employer is, not what the business calls itself or how many people it employs.
You are likely in the WA state system if your employer is:
- a sole trader
- an unincorporated partnership
- an unincorporated trust arrangement, where none of the trustees is a Pty Ltd entity
- a household employer, for domestic work
- a not-for-profit that is not a trading or financial corporation
- a local government authority
You are likely in the national system if your employer is:
- a Pty Ltd business that is a trading or financial corporation
- an incorporated partnership, where one or more of the partners is a Pty Ltd entity
- an incorporated trust arrangement, where one or more of the trustees is a Pty Ltd entity
- the Commonwealth
The dividing line is whether the employer is a constitutional corporation. A not-for-profit can fall on either side of it depending on how substantial its trading activity is, and that one is genuinely hard to call from the outside.
How to check in a few minutes
Look for the legal entity name, not the trading name. A payslip, a contract or a letter of offer usually carries it. "Pty Ltd" or "Ltd" at the end points to the national system.
If it is not clear, search the business on the ABN lookup, which shows the registered entity type. WA's Wageline answers this question directly on 1300 655 266.
If you are in the state system
Your claim goes to the Western Australian Industrial Relations Commission, not the Fair Work Commission.
- You have 28 days from the dismissal to lodge. The Commission can accept a late application only where it would be unfair not to.
- The remedy is reinstatement, where that is practical.
- Where reinstatement is not practical, compensation can be ordered, and it cannot exceed six months of your remuneration.
The Commission publishes its own guidance on unfair dismissal applications.
If you are in the national system
Your claim goes to the Fair Work Commission and the ordinary rules apply. You have 21 days to lodge, and compensation is capped at the lesser of 26 weeks' pay or $95,050.
Start with eligibility and what a claim can be worth.
The deadlines are different, and that is the trap
Twenty eight days in the state system, 21 in the national one. The mistake we see is someone assuming the shorter federal deadline cannot apply to them, or lodging federally and finding out weeks later that the Commission has no jurisdiction over their employer.
Work out which system you are in before you do anything else. It takes minutes and it decides everything that follows.
Where to go from here
If your employer turns out to be a constitutional corporation, you are in the national system and the rest of this site applies to you directly.
- What unfair dismissal is and the test the Commission applies
- Whether you are eligible, including the deadline and the minimum employment period
- What a claim can be worth
- What happens after you lodge
- Unfair dismissal or general protections, if you were dismissed for a protected reason
- If you resigned under pressure rather than being sacked
Not sure which system you are in?
Tell us who you worked for and we will tell you which system covers you and what your deadline actually is.
Most of our work is at the Fair Work Commission. We can act in the WA state system as well, though we take those matters case by case. Either way we will tell you plainly which system yours belongs in, and what your deadline is, before you decide anything.
Call 1800 UNFAIR (1800 863 247). The first call is free and there is no obligation. Monday to Friday 9am to 9pm, weekends 9am to 5pm.