General

There are two different systems in Employment and Industrial Relations which apply in Western Australia, State or Federal. To establish if you are deemed to be a non-constitutional corporation (State) or a constitutional corporation (Federal) you may need to contact your Accountant or Lawyer for advice. We suggest you have written advice to confirm the information.

State
A non-constitutional corporation business is either a sole trader, partnership or some form of trust.

Federal
A constitutional corporation is a Pty Ltd company. However, if the trust is owned by an individual or a partnership it may be in the State system. You will need to seek advice to confirm the legal status of the ownership of the trust entity.