National and State employment laws in WA

Full-time and part-time employees receive 4 weeks of paid annual leave, based on their ordinary hours of work. Shift workers are entitled to 5 weeks paid annual leave.

Annual leave accumulates progressively throughout the year.

Any unused annual leave will roll over from year to year.

Full-time and part-time employees are entitled to paid annual leave for the number of ordinary hours the employee is required work in a 4 week period during that year. The entitlement is capped at 152 hours.

Annual leave accrues on a weekly basis.

Any unused annual leave will roll over from year to year.

Personal / Carers leave

Full-time employees are entitled to 10 days paid personal / carers leave. Part-time employees are entitled to paid personal / carers leave on a pro rata basis.

Any unused leave will roll over from year to year.

Full-time and part-time employees are entitled to paid personal leave for the number of hours the employee is required ordinarily to work in a 2 week period during that year. The entitlement is capped at 76 hours.

Personal leave accrues on a weekly basis.

Any unused personal leave will roll over from year to year.

Compassionate leave

Full-time and part-time employees receive 2 days paid compassionate leave.

Casual employees receive unpaid compassionate leave.

The leave can be taken as:

• a single continuous two day period;
• two separate periods of one day each; or
• any separate period as agreed with by the employer.

All employees, including casual employees, are entitled to 2 days paid bereavement leave on the death of a family member or a member of the employee’s household.

The 2 days do not have to be consecutive.

Unpaid family and domestic violence leave

All employees are entitled to 5 days unpaid family and domestic violence leave per year.

Long service leave

Both national and state system employers are covered by the WA long service leave laws.

HIA has further information available on long service leave in the WA building industry.

Parental leave

Both national and state system employers are covered by the parental leave provision of the Fair Work Act 2009 (Cth).

Child labour laws

Both national and state system employers are covered by WA’s Children and Community Services Act 2004.

Union right of entry

• ‘Permit holders’ have a right to enter.
• To be a permit holder, the union representative must have obtained an entry permit from the Fair Work Commission.
• Employer must receive at least 24 hours’ notice, but no more than 14 days’ notice, before attending the premises.
• The permit holder may inspect, and make copies of, the record or document at the premises or a place agreed upon with the employer.

• 'Authorised representatives’ have a right to enter.
• An authorised representative is a person from an employee representative organisation or inspector who attends the premises to represent the relevant employee.
• Employer must receive at least 24 hours’ notice or notice prescribed under an applicable award, order or industrial instrument.
• The authorised representative can inspect or view, and take photographs, films and audio, or other recordings of, any work, material, machinery or appliance that is relevant to the suspected breach.