Jump to Share article Share to Facebook Share to Twitter Share to LinkedIn Email Share link via email Jump to heading Starting 31 January 2025, there are several significant changes to workplace laws for state system employees. These changes might impact you if you: need flexibility in your work arrangements due to your personal circumstances; are targeted by sexual harassment at work; are a casual employee; are a contractor; work on public holidays; are planning to take parental leave; are a public sector employee; are a local government employee. A new entitlement: requesting flexible working arrangements Do you sometimes wish your employer gave you more flexibility with your hours, pattern or location of work because of your personal circumstances? From 31 January 2025, eligible state system employees can request flexible working arrangements in some circumstances, for example, if you: are pregnant; are the parent of, or caring for a child who is of school age or younger; are a carer (as defined in the Carers Recognition Act 2004); have a disability; are 55 years of age or older; are experiencing family and domestic violence (FDV); or you provide care or support to a family or household member who requires care or support as a result of experiencing FDV. For example, a parent might request flexible working arrangements to start or finish work earlier or later for their child’s pick up or drop off. Or a worker with a disability who has a regular medical appointment each month may request to be not rostered on a particular day of each month. But it’s not just your hours or patterns of work – some workers may request to work at another location (from home for example). To learn more about flexible working arrangement requests, refer to: our information resources; or Wageline’s Flexible working arrangement requests factsheet. New prohibition on sexual harassment in connection with work From 31 January 2025 sexual harassment in connection with work is expressly prohibited under the Industrial Relations Act. This means a person must not sexually harass another person in connection with them being a worker or seeking to become a worker. This prohibition will also cover harassment by customers or clients of the employer. Employers or principals who engage people as an agent can also be held vicariously liable (i.e. responsible for the harassment as if they did it themselves) for the acts of their employees or agents unless they take reasonable steps to prevent sexual harassment. The Western Australian Industrial Relations Commission (WAIRC) and Industrial Magistrates Court (IMC) has new powers to deal with disputes about sexual harassment in connection with work. For more information, refer to: Wageline’s Sexual harassment changes factsheet. The WAIRC’s web page. Our Claim Guide on sexual harassment applications to the WAIRC. What is the new definition of “casual employee”? Casual employees have a new definition under relevant workplace laws. Previously, determining whether someone was a casual or permanent employee involved looking at what was agreed in the contract at the start of employment. From 31 January 2025, the new definition looks at what was agreed in the contract but also looks at what the day-to-day employment relationship looks like in reality, to determine whether someone is a casual or permanent employee. Increase to casual loading From 31 January 2025 the casual loading applied to the minimum wage in the state system will increase from 20% to 25%. An award or agreement can still have a casual loading lower than 25% as long as the casual employee is being paid at least the minimum wage. If you are a casual employee and you are covered by an award or agreement with a casual loading below 25%, you may wish to call Wageline and check that you are getting paid at least the minimum wage. Am I impacted by the new test for employees and contractors? Thinking about whether you are a contractor or an employee is important, because employees generally have additional protections and entitlements than contractors. From 31 January 2025, whether someone is an employee or contractual will now also depend on the day-to-day working relationship and not just their contract. I sometimes work public holidays – what changes should I know about? From 31 January 2025, state system employees have a right to not work on a public holiday. But employers can still ask employees to work on a public holiday, as long as the request is reasonable. An employee can refuse a request to work on a public holiday if: the employer’s request is unreasonable; or the employee has reasonable grounds to refuse the request. Employees who are absent, but would usually work on a public holiday should be paid as if they worked their ordinary hours that day or at the rate they would have received under their award, agreement, or contract (whichever is higher). If a public holiday falls during annual leave or paid personal leave, it shouldn’t be counted as annual leave or personal leave. Employees and employers can also agree to substitute a public holiday for another day or part of a day in some circumstances. Parental leave changes From 31 January 2025, the parental leave laws in the Minimum Conditions of Employment Act (WA legislation) no longer apply. Instead, the Fair Work Act (federal legislation) will apply. Practically speaking, this is unlikely to impact most employees because the laws under both pieces of legislation are broadly similar. Dismissal claims for public sector employees Are you a state system public sector employee? Did you know that there are important changes for dismissal claims if you are a government or public service officer? Previously, government and public service officers could not make a dismissal claim to the WAIRC. Instead, they were able appeal a decision to dismiss them to the Public Service Appeal Board (PSAB). The PSAB has now been abolished, and from 31 January 2025, government and public service officers can make dispute a dismissal by applying to the WAIRC. A dispute needs to be lodged with the WAIRC within 28 days of the date of the dismissal. Long service leave for local government employees. Local government employees covered by the Local Government (Long Service Leave) Regulations 2004 can now enforce their long service leave entitlements in the Industrial Magistrates Court. Are there any changes that will take effect later? Some changes to the state system will not commence on 31 January 2025 and will commence at a later date to be announced by the government. These include allowing public sector employees to apply to the WAIRC to conciliate and arbitrate breaches of the Public Sector Standards, and introducing improved regulation of industrial agents. Disclaimer: Please be aware that this blog post provides general information only. It is not legal advice. Given the large number of changes, we appreciate you may have questions after reading this article. To see our workplace information resources click here. If you have a question about how the law applies to your specific situation, you can click here to request free legal assistance.