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Australia · WA · Employment Law 2026

Western Australia employment law

Minimum wage, long service leave entitlements, workers compensation, and key employment rights for workers in Western Australia.

Key employment figures

National minimum wage

$24.10/hr

From 1 July 2025

Long service leave

8.67 weeks

After 10 years

Workers comp

WorkCover WA

WA has two industrial relations systems

Most private sector workers in WA are covered by the federal Fair Work Act system. However, employees of non-constitutional corporations (sole traders, partnerships, non-corporate trusts) are covered by the WA state system under the Industrial Relations Act 1979 (WA). The WA state minimum wage is $25.00/hr — higher than the national rate.

Long service leave in Western Australia

Long Service Leave Act 1958 (WA)

8.67 weeks after 10 years of continuous service. Pro-rata payable if dismissed without fault after 7 years, or if employee resigns due to illness, domestic pressing necessity, or end of fixed-term contract after 7 years.

Qualifying period

10 years continuous service

Pro-rata on termination

After 7 years in certain circumstances

Calculate your entitlements

Frequently asked questions — Western Australia

What is the minimum wage in Western Australia in 2026?

The national minimum wage in Western Australia is $24.10 per hour (effective 1 July 2025, following the Fair Work Commission's Annual Wage Review 2025-26). Note: Western Australia also has a state industrial relations system for non-constitutional corporations. The $25.00/hr (WA State Wage Order 2024 — applies to state system employees) may apply to state system employees — check with the WA Industrial Relations Commission for your situation.

How much long service leave am I entitled to in Western Australia?

In Western Australia, employees are entitled to long service leave under the Long Service Leave Act 1958 (WA). You qualify after 10 years of continuous service with the same employer and receive 8.67 weeks of paid leave. Pro-rata entitlement: After 7 years in certain circumstances.

Who is covered by the Fair Work Act in Western Australia?

Most private sector employees in Western Australia are covered by the Fair Work Act 2009 (Cth) — referred to as "national system employees." This includes employees of constitutional corporations, the Commonwealth, and territory employers. Western Australia is unique in that it also has a state industrial relations system (under the Industrial Relations Act 1979 (WA)) that covers employees of non-constitutional corporations (such as sole traders, partnerships, and non-corporate trusts) operating in WA.

How do I claim workers compensation in Western Australia?

Workers compensation in Western Australia is administered by WorkCover WA (https://www.workcover.wa.gov.au). If you are injured at work, you must notify your employer as soon as possible, seek medical treatment and obtain a medical certificate, and lodge a workers compensation claim with your employer's insurer. Most employers are required by law to hold workers compensation insurance. Claims cover medical expenses, rehabilitation, and income replacement while you cannot work.

What are the maximum working hours in Western Australia?

Under the Fair Work Act 2009 (NES), full-time employees in Western Australia have a maximum of 38 ordinary hours per week. An employer can request reasonable additional hours, but employees can refuse unreasonable requests. What counts as "reasonable" depends on factors like health and safety, personal circumstances, the nature of the role, and usual working patterns in the industry. Modern awards and enterprise agreements may also set daily and weekly maximum hours relevant to your specific occupation.