Industrial Relations (Industrial Agents) Regulations 2026

Part 1 (other than regulation 3) — on the day on which these regulations are published on the WA legislation website;

the rest of the regulations — on 1 September 2026.

In this regulation —

in relation to an individual, means that the individual is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

in relation to a body corporate, means that —

the body corporate is being wound up; or

a receiver or manager of the property of the body corporate has been appointed, or the body corporate has been placed under administration, under the Corporations Act 2001 (Cth) or a corresponding previous enactment.

For the purposes of section 97L(3) of the Act, a person is disqualified from being registered as an industrial agent if —

the person is insolvent; or

the person was a principal officer of a body corporate at the time the body corporate became insolvent or the person was a principal officer of a body corporate within the 12 months immediately before the body corporate became insolvent; or

the person is convicted or found guilty of any of the following offences —

an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving fraud or dishonesty;

an indictable offence against a law of the Commonwealth, a State or a Territory (whether or not the offence is or may be dealt with summarily);

an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth, a State or a Territory if committed in Australia (whether or not the offence could be dealt with summarily if committed in Australia);

an offence under the Taxation Administration Act 1953 (Cth);

an offence under the Act;

an offence under an industrial law as defined in section 49G(1) of the Act;

the Full Bench has ordered that the person’s registration be cancelled under section 97P(1) of the Act.

Registration of an industrial agent may be in 1 of the following categories —

principal industrial agent;

subsidiary industrial agent.

An individual may be registered in the category of subsidiary industrial agent only if the individual is an employee or principal officer of a principal industrial agent.

experience in industrial relations;

a high level of written and oral communication skills;

experience in conciliations and hearings in industrial tribunals or courts;

experience in the interpretation and implementation of each of the things referred to in at least 1 of the following subparagraphs —

awards and industrial agreements;

modern awards and enterprise agreements (as those terms are defined in the Fair Work Act 2009 (Cth) section 12);

other instruments similar to the instruments referred to in subparagraphs (i) and (ii) under a law of another State or a Territory;

knowledge of the legislative framework for industrial relations (as provided by legislation of this State, the Commonwealth, another State or a Territory).

A person may apply to the Registrar for registration as an industrial agent in a form approved by the Registrar under regulation 23.

A person who carries on a business providing industrial advocacy services who applies for registration under subregulation (1) must apply for registration as an industrial agent in the category of principal industrial agent.

The form for an application made under regulation 7(1) must include the following —

the applicant’s full name, business address, address for the service of documents and contact details (including an email address);

whether the applicant is applying for registration in the category of principal industrial agent or subsidiary industrial agent;

if the form relates to an applicant that is a body corporate — details of the body corporate, including details of incorporation or registration, registered address and an email address;

if the form relates to an applicant that is an individual — details of the applicant’s required experience, knowledge and skill.

The form may require any other information the Registrar considers relevant.

An application made under regulation 7(1) by an individual must be accompanied by the following —

2 written references, each of which —

is given by an individual (a referee) who is actively involved in industrial relations; and

is dated no earlier than 3 months before the day on which the application is made; and

includes how long, and in what capacity, the referee has known the applicant; and

includes the details of the applicant’s required experience, knowledge and skill; and

states that the referee is of the opinion that the applicant has the required experience, knowledge and skill and the reasons for that opinion; and

confirms that the referee has been given a copy of, and has read, the application;

a document called a National Police Certificate that —

relates to the applicant; and

is issued by the Australian Federal Police, the Police Force of Western Australia or a police force of another State or a Territory; and

is dated no earlier than 3 months before the day on which the application is made;

if the applicant is applying for registration in the category of principal industrial agent — evidence that the applicant has, or on registration will have, professional indemnity insurance that complies with regulation 24;

if the applicant is applying for registration in the category of subsidiary industrial agent — evidence that the principal industrial agent in relation to whom the applicant will be registered has, or on registration will have, professional indemnity insurance that complies with regulation 24;

a statutory declaration by the applicant stating that —

they have the required experience, knowledge and skill; and

the references given by the applicant are not false or misleading; and

they are not disqualified from being registered as an industrial agent under section 97L(2) of the Act or regulation 4; and

they have read and understood the code of conduct.

An application made under regulation 7(1) by a body corporate must be accompanied by the following —

evidence that the applicant has, or on registration will have, professional indemnity insurance that complies with regulation 24;

a statutory declaration by a principal officer of the body corporate stating that —

no principal officer of, or person managing or involved in carrying on the business of, the body corporate is disqualified from being registered as an industrial agent under section 97L(2) of the Act or regulation 4; and

they have read and understood the code of conduct.

The Registrar must, within 3 days after an application is made under regulation 7(1), publish the following details about the application on the Commission’s website and the industrial magistrate’s court’s website —

the applicant’s name;

the category of industrial agent the applicant is applying for;

the applicant’s business address.

The Registrar must publish, on the Commission’s website and the industrial magistrate’s court’s website, information about how to lodge an objection under regulation 10.

The Registrar may publish, on the Commission’s website and the industrial magistrate’s court’s website, any other information the Registrar considers appropriate.

A person may lodge a written objection to an application for registration during the period of 7 days beginning on the day on which the details about the application are published under regulation 9(1).

The objection must be made on 1 or more of the following grounds —

the applicant is disqualified from being registered as an industrial agent under section 97L(2) of the Act or regulation 4;

if the applicant is a body corporate — a principal officer of, or person managing or involved in carrying on the business of, the body corporate is disqualified from being registered as an industrial agent under section 97L(2) of the Act or regulation 4;

if the applicant is an individual — the applicant does not have the required experience, knowledge and skill;

the applicant does not meet another requirement for registration.

The objection must include —

the name and address of the person making the objection; and

the grounds of the objection; and

information supporting the objection.

If an objection to an application for registration is made under regulation 10, the Registrar must —

give a copy of the objection to the applicant; and

give the applicant notice of the time within which, and manner in which, the applicant may respond to the objection.

The applicant’s response to the objection must be verified by statutory declaration.

The Registrar must consider the objection, and any response to the objection, in determining whether the applicant meets the requirements for registration as an industrial agent.

The Registrar may inquire into matters that are relevant to determining whether to register the applicant as an industrial agent.

The Registrar may request further information from an applicant or any other person for the purposes of determining an application for registration.

Information given to the Registrar in the course of making inquiries under this regulation is confidential and the Registrar must not disclose the information to any person except as required under or in connection with these regulations or any other written law.