Pay and conditions

Your pay and conditions depend on whether you are covered by national or state law. Conditions or entitlements may also be different for some workers because of  their type of employment (for example, permanent or casual).

When you start a new job, it is a good idea to get a copy of your award, agreement, or contract of employment. This way you will always know what you are entitled to, and you will be able to check if anything does go wrong.

If you believe there is a breach of contract, or an award or an agreement, you should get legal advice.

Remember, if in doubt, get advice and get it fast.

Find out how to:

  • check you are being paid correctly, and
  • get help with enforcing your conditions or recovering unpaid wages.

Who can I contact to see if I am being paid correctly?

To work out how much you should get paid, you need to know whether you're covered by:

  • the state or national system
  • an award or an enterprise agreement.

A guide to who is covered by the West Australian state system is on the Department of Energy, Mines, Industry Regulation and Safety website.

Workers under the WA system

The Department of Energy, Mines, Industry Regulation and Safety provides information on wages and conditions for all WA system workers , whether they work in the public sector or are employees under WA awards, agreements and legislation. You might need information about:

  • pay rates, leave entitlements and other employment arrangements in unincorporated businesses in WA 
  • long service leave for employees working in WA
  • laws on when and where children under 15 can work in WA.

You can also contact your union if you are a member.

The Department has information on how to make a complaint about underpayment or entitlements. You can also get information by calling Wageline on 1300 655 266.

Workers under the national system

The Fair Work Ombudsman and Fair Work Commission provide information on pay and conditions for national system employees, including people covered by national modern awards. 

You can also contact your union if you are a member.

The Fair Work Ombudsman has the power to take legal action to make your employer pay the minimum wage and entitlements.

Get help

Our Civil Law Division may be able to give you legal advice and assistance.

Our Federal Court service for self-represented litigants may be able to assist if you have already been through a conciliation, hearing or other process at the Fair Work Commission or the Fair Work Ombudsman.

Other help

Circle Green Community Legal
Call on (08) 6148 3636 for free legal help or request help by completing an online form.


Reviewed: 7 November 2022



The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.