
We help employers get the basics right — contracts, policies and pay — and handle the hard conversations when things go wrong.
Western Australia has two employment systems. Pty Ltd companies are generally in the federal Fair Work system, while sole traders, partnerships of individuals and trusts with individual trustees are in the WA state system. The rules and deadlines differ, so it's the first thing we check.
How we help
- Employment and contractor agreements
- Workplace policies and handbooks
- Award coverage and pay compliance
- Performance management and terminations
- Unfair dismissal and general protections claims
- Restraints and confidential information
Good to know
- Unfair dismissal deadlines
- An employee has 21 days after dismissal to apply to the Fair Work Commission, or 28 days to the WA Industrial Relations Commission in the state system.
- Small business
- In the federal system, employers with fewer than 15 employees can rely on the Small Business Fair Dismissal Code, and employees need 12 months' service before claiming unfair dismissal.
- Underpayment is now a crime
- Since 1 January 2025, intentionally underpaying wages is a criminal offence in the federal system. Since 1 July 2026, super must reach the fund within seven business days of payday. Regular pay audits are cheap insurance.
- Contractor or employee?
- Calling someone a contractor doesn't make them one. Getting it wrong can mean back-pay, super, tax and penalties.
General information current at October 2026, not legal advice. Laws, thresholds and fees change — get advice on your circumstances.
Questions
Is my business in the Fair Work system or the WA system?
Generally, Pty Ltd companies — and partnerships or trusts with a company partner or trustee — are in the federal system. Sole traders, partnerships of individuals and trusts with individual trustees are in the WA state system.
How do I dismiss an employee lawfully?
Have a valid reason, tell the employee clearly, give them a real chance to respond, allow a support person, and keep records. For performance issues, give warnings first. Get advice before you act.
What should an employment contract include?
The role, pay and any award that applies, hours, leave, confidentiality, ownership of work and ideas, notice, and — where justified — a restraint.
Are non-compete clauses still enforceable?
A reasonable restraint can be, but courts read them narrowly. The federal government has proposed banning non-competes for employees earning below the high income threshold, so review your contracts before relying on one.