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Industrial practitioners

At the Commission, parties may be represented by a union, an employer or industry body, an industrial agent, human resource or industrial relations practitioner, or a legal practitioner. These representatives can be categorised as 'industrial practitioners'.

Acting as a representative

A representative is a person, association, business, firm or industry body who has the capacity to represent a party in a matter before the Commission. Representatives may be union officials, employer associations, registered industrial agents, lawyers, family members or friends.

For information on representation and representing yourself, please read the Commission’s representation fact sheet by clicking here.

Registered industrial agents

A registered industrial agent is an agent who has been formally registered by the Registrar of the Commission, under s 112A of the Industrial Relations Act 1979 (WA) (IR Act). Registered industrial agents generally charge for their services and are authorised to appear before the Commission and to provide advice or other services in relation to industrial matters. Under the IR Act, registration as an agent does not require any formal qualification and should not be considered an endorsement of the agent’s professional aptitude by the Commission.

Industrial agents have a duty to comply with the Code of Conduct outlined in Schedule 1 of the Industrial Relations (Industrial Agents) Regulations 1997 (WA). In accordance with regulation 7, industrial agents must also maintain professional indemnity insurance.

Please contact the Registry for a list of registered industrial agents, as maintained by the Registrar under s 112A of the IR Act.

If you would like to apply for registration as an industrial agent, please contact the Registry for further information.

 

 

Frequently asked questions

Our Resources page contains useful information for industrial practitioners, including:

Applications and Forms: All the forms that you can lodge with the Commission.

Awards: Awards are documents that set out the terms and conditions of employment for the employers and employees specified in the award. The Commission issues Awards after hearing an application by a registered organisation or employer.

Agreements: The Commission registers industrial agreements between unions and employers. Agreements can relate to industrial matters or be aimed at the prevention and resolution of disputes.

Decisions: Decisions of the Commission and its constituent authorities.

Fact Sheets: A range of fact sheets that provide procedural information relating to the Commission.

General orders: General orders are orders regarding employment conditions that apply to all employees covered by the WA industrial relations system.

Notices: The Act obliges the Commission to give notice of certain application or matters. Publication of such notices is made in the WA Industrial Gazette and/or on the Commission's website.

Practice notes: Practice notes provide information to parties on the Commission's procedures and legislative provisions.

Publications: The publications of the Commission include annual reports, transcripts, due diligence, and relevant legislation.

State wage case: Each year, the Commission sets the minimum wage to apply to employers and employees covered by the WA industrial relations system.

If you cannot find the information you are looking for, you can use the advanced search engine, or contact the Registry by email, phone or in-person.

Except where the representative is a practising lawyer, the party being represented must file a Form 11 – Notification of Representative Commencing or Ceasing to Act to confirm that another person is representing them. By doing so, the representative will be appointed as an agent in accordance with section 31(1)(b) of the Industrial Relations Act 1979 (WA) and regulation 63(1) of the Industrial Relations Commission Regulations 2005 (WA).

Claims by employees or their union for enforcement of State award or agreement provisions, such as payment of wages and other employee entitlements, are generally heard and determined by the Industrial Magistrates Court.

Where an employer and employee are party to a federal enterprise agreement, the Commission can still provide mediation to assist in resolving the dispute. Please visit the Mediation Services page for more information.

Rights of appeal for parties for decisions of the Commission will depend on the type of matter and its relevant jurisdiction. For information on appeals, please visit the Appeals to the Full Bench page.

The Commission is committed to ensuring its information, facilities and services are accessible to all members of the Western Australian community. For more information on accessibility, please visit our Access and inclusion page.