Q & A: Pre-employment issues for WA employees

This information resource is for private sector employees in Western Australia. It is general information only and not intended to be a substitute for legal advice. By using the information on this page, you agree to our full disclaimer.

There are two systems of employment law in Western Australia: a state system and a national system. While this information resource is suitable for both state system employees and national system employees, it will help you to know which system of employment law you are covered by. If you are unsure, please see our publication: “Q&A: State or national for WA employees”.


Quick Summary

You might have some issues when you are looking for work or applying for jobs. Some employment law protections extend to “prospective employees”.

An employer should not be discriminatory or act unlawfully in the hiring process. You may be required to provide certain information about yourself, that you would rather not disclose. However, disclosing your past injuries and criminal record may be important for certain roles.

If you get a written contract, it is important to read it carefully and tell your employer if there are any terms that you would like changed. Written contracts are not compulsory, you will still have an employment contract even if it is just verbal/written in a more informal form (e.g text/email).

If the job is different to how it was advertised, you may be able to make a claim for misleading and deceptive conduct. If your employer has breached the contract or is not paying you what you were promised, you may have other legal claims available.