State System or Federal - Do You Know Your IR Jurisdiction

30 Oct 2019

Do you know your IR jurisdiction

Dealing with HR and workplace issues can be tricky. 

These days, there is a lot of information available online – some good and some less so.  But what if you are searching for information based on an incorrect assumption?

If you are a WA-based business and employ staff, you may have assumed that you are covered by the Fair Work Act 2019 (Cth) (FW Act).  This is because most (non-public sector) businesses, such as a Pty Ltd company that engages in trade, will be covered by the FW Act (including the National Employment Standards) and Federal modern awards.

But not all businesses engaged in private commerce are structured as a Pty Ltd company. 

Many very successful, established and profitable businesses still operate as sole traders, partnerships or by utilising unincorporated trusts.  These businesses need to be aware that their staff will be covered by WA workplace laws, not the Federal (Fair Work) system.

Is this a big deal?  It can be, yes. 

As with anything involving a contract between two parties (even a verbal or informal employment contract between you and your staff member), it makes good business sense to double-check which workplace laws apply to your business and, from there, check your compliance with those laws.

For the whole of November 2019 only, Carla is offering a complimentary 20-minute telephone ‘HR legal health-check’. 

If you have any burning workplace, HR or IR questions, take advantage of this special offer and book in a time to speak with Carla.


For further information or assistance contact Murfett Legal on +61 8 9388 3100.

Author:           Carla Vinciullo (Partner: Employment & Workplace Relations)

Email:               [email protected]


Murfett Legal is a leading law firm in WA, providing services in litigation, corporate and commercial, employment and workplace relations, insolvency, debt collection, business restructuring, Wills & estates, property, leasing, settlements, liquor licensing and intellectual property.

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