📜 Industrial Relations Amendment Bill 2026

Legislative Assembly Second ReadingLABill 7517 June 2026

This Bill amends the Industrial Relations Act 1979 to strengthen the enforcement of employment entitlements, particularly concerning unpaid monetary entitlements and superannuation contributions. It also makes a consequential amendment to the Long Service Leave Act 1958 and addresses the application of the Act to the Australian Medical Association (WA) Incorporated.

Impact

This bill primarily affects employees and employers in Western Australia by enhancing mechanisms for recovering unpaid wages and superannuation. It also impacts the Australian Medical Association (WA) Incorporated by clarifying its status under industrial relations law. The changes aim to provide greater protection for workers' entitlements.

Key Changes

["Introduces new definitions for 'complying superannuation fund or scheme', 'directly affected person', 'involved person', 'unpaid monetary entitlement', and 'unpaid superannuation contribution' into the Industrial Relations Act 1979.", "Allows for the enforcement of judgments for unpaid superannuation contributions by the employee or the applicant in the proceedings.", "Mandates industrial magistrate's courts to order payment of unpaid monetary entitlements or unpaid superannuation contributions in relevant proceedings.", "Inserts a new section (83EAA) to address contraventions of entitlement or civil penalty provisions by more than one person.", "Amends provisions related to the Australian Medical Association (WA) Incorporated (Section 72B)."]

Parliamentary Progress

LA IntroducedLA17 June 2026
LA Second Reading MovedLA17 June 2026
LA Second Reading SpeechLA17 June 2026

Affected Sectors

public_sectorhealthother

Penalty Provisions6 found

civil · infringement

s. 83A(3)Civilcross reference

An amount ordered to be paid under subsection (1) is taken to be a penalty imposed under this Act.

Ref: Section 83F provides for orders for the payment of penalties.

“(3) An amount ordered to be paid under subsection (1) is taken to be a penalty imposed under this Act. Note for this subsection: Section 83F provides for orders for the payment of penalties.”

s. 83B(9A)Civilcross reference

An amount ordered to be paid under subsection (3)(a)(ii) or (5)(b) is taken to be a penalty imposed under this Act.

Ref: Section 83F provides for orders for the payment of penalties.

“(9A) An amount ordered to be paid under subsection (3)(a)(ii) or (5)(b) is taken to be a penalty imposed under this Act. Note for this subsection: Section 83F provides for orders for the payment of penalties.”

s. 83EAA(1)(b)Civilfine

Contravention of an entitlement provision or a civil penalty provision by more than 1 person, where an industrial magistrate’s court orders the payment of a penalty.

“(b) an industrial magistrate’s court orders the payment of a penalty in respect of the contravention.”

s. 83F(2)Civilfine

Industrial magistrate's court imposing a penalty by order under section 83, 83A, 83B, 83E or 84T.

“(2) An industrial magistrate’s court imposing a penalty by order under section 83, 83A, 83B, 83E or 84T may only order that the amount of the penalty, or part of that amount, be paid to —”

s. 84C(6)Infringementfine

Payment of a civil infringement notice penalty.

“(6) The amount of a civil infringement notice penalty paid must be credited to the Consolidated Account.”

s. 84T(5A)Civilfine

Court imposes a penalty under section 83E for a contravention of subsection (1) in relation to a compliance notice that requires an amount to be paid to an employee.

“(5A) If the court imposes a penalty under section 83E for a contravention of subsection (1) in relation to a compliance notice that requires an amount to be paid to an employee, the employee is taken to be a directly affected person for the purposes of section 83F(2)(a).”

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