Two systems of employment law operate for the private sector in Western Australia, the state industrial relations system and the national fair work system. The national system covers WA private sector businesses and organisations that are constitutional corporations.

The national system covers:

• Pty Ltd businesses that are trading or financial corporations.
• Incorporated partnerships, where one or more of the partners in the business is a Pty Ltd entity.
• Incorporated trust arrangements, where one or more of the trustees, or other entities in the trust arrangement is a Pty Ltd entity.

To work out which system covers you, please see the following link:

https://www.commerce.wa.gov.au/labour-relations/guide-who-wa-state-system

Before hiring a new employee, employers need to make sure they know their rights, responsibilities and obligations, whether they relate to pay minimum terms and conditions, tax or superannuation. See the Fair Work Ombudsman for further information:

https://www.commerce.wa.gov.au/labour-relations/guide-who-wa-state-system

When hiring a new employee, an employer should ensure that all relevant documents are given to an employee, through an induction package. From a best practice perspective, the following documents should be included:

• Job description, letter of offer, employment contract, a copy of the business’ employee handbook;
• Employee details form;
• Tax file declaration form; and
• Superannuation nomination form.

Employers have to give every new casual employee a Casual Employment Information Statement (CEIS) before, or as soon as possible after, they start their new job. Employers also have to give every new casual employee a copy of the Fair Work Information Statement (the FWIS) at the same time. You can download the CEIS at the following link:

https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes/casual-employment-changes

The Fair Work Ombudsman guide to taking on an apprentice can be downloaded at the following link:

https://www.fairwork.gov.au/sites/default/files/migration/712/guide-to-taking-on-an-apprentice.pdf

 

New employees must complete a tax file number (TFN) declaration. They may also complete a withholding declaration. Employers must lodge TFN details with the ATO, unless their employee has completed the employee commencement forms in ATO Online Services. For further information, please visit the Australian Tax Office website:

https://www.ato.gov.au/Business/PAYG-withholding/Payments-you-need-to-withhold-from/Payments-to-employees/Tax-file-number-and-withholding-declarations/

The first thing an employer will need to do when a new employee starts, is to complete an employee induction. An employee induction is a way of communicating important information to new employees about the company and the employee’s position. After the induction, new employees should have a solid understanding of their role and responsibilities, and your expectations. You can develop a workplace induction checklist to suit your business, by downloading an induction template at:

Template-induction-checklist.docx
WorkSafe Western Australia – Checklist for new and young workers
WorkSafe Western Australia – Effective Inductions