As an employer it is important to be aware of and fulfil your employment obligations. This section will help you understand workplace regulations.
State and national industrial relations systems
There are two different systems of employment regulation that operate in Western Australia – the Western Australian state industrial relations system and the national industrial relations system, each with different employment laws, awards and minimum conditions.
It is important that you correctly identify which system applies to your business as this will determine the relevant legislation and your employer obligations. Which system applies to you depends on whether your business is a Constitutional Corporation or not.
Employment law for a family run business
A common workplace myth across many industries is that if your children, siblings or any other family members work for your business you are not required to comply with employment law.
Family members working in a business are deemed to be employees and are entitled to correct pay and conditions under State or national employment laws including (but not limited to):
- Pay and hours of work;
- Meal breaks; and
- Parental, long service, annual and sick leave.
If you are unsure which employment regulation system covers your business, contact Wageline on 1300 655 266 or refer to commerce.wa.gov.au/wageline