WA state system · Industrial Relations Act 1979 (WA) s 29(1)(d)

Your contract promised it. You can claim it in the WAIRC.

In the WA state system you can ask the WA Industrial Relations Commission to enforce your employment contract itself — unpaid notice, the rest of a fixed term, a contractual bonus or salary — for a $50 fee, with no cap on what it can order.

1300 967 552 · free discussion

No capthe 6-month unfair dismissal cap doesn't apply

6 yearsfrom the benefit falling due, per WAIRC guidance

$50filing fee, waivable for hardship (September 2026)

A shop worker points to a clause in her contract while the owner shrugs

Time limit If you've been dismissed, the unfair dismissal claim must be referred within 28 days of your employment ending, and this claim can be lodged alongside it. On its own, the Act sets no time limit for a contractual benefits claim; the WAIRC's guidance is 6 years from when the benefit fell due — but delay can still count against you.

A denied contractual benefits claim is an employee's claim, under s 29(1)(d) of the Industrial Relations Act 1979 (WA), that the employer hasn't allowed a benefit the contract of employment entitles them to — other than something owed under an award or Commission order. It's a judicial inquiry into your existing legal rights, not a request for a fairer deal. It's only for employees of WA state-system employers; see the WA state system if you're not sure. Lawcaptain's $99 case review is for Fair Work dismissals only and doesn't cover this claim — a free discussion is the place to start.

What counts as a contractual benefit

"Benefit" is read widely. It is any right you have under your contract — express, incorporated or implied — as long as it comes from the contract itself. Typical claims:

What doesn't count — check before you file

These are the traps that defeat a claim before it gets going:

Not a contractual benefit	Why, and where it goes instead
Award, industrial agreement or order entitlements	Excluded by s 29(1)(d) itself. Enforce them in the Industrial Magistrates Court — see WA underpayments.
Leave "in accordance with legislative requirements"	A clause that only points at the statute creates no contractual term. Minimum conditions and long service leave are enforced in the Industrial Magistrates Court.
"We will comply with the NES"	Doesn't import the National Employment Standards into the contract, and the WAIRC can't enforce the Fair Work Act.
Superannuation shown as "+ super"	Only acknowledges the statutory guarantee. It's a contractual benefit only if the contract sets a specific rate or fund.
Cashing out annual leave	Only if the contract expressly provides for a cash payment.
Overtime or time off in lieu	Only if the contract provides for it. If your salary covers all hours including reasonable additional hours, there's no claim.
A claim against a host, related company or director	The claim lies only against your own employer.

Pay cuts

Pay is a fundamental term. A reduction is a denial of a benefit unless your contract, a law or a lawful variation authorises it.

Summary dismissal: the employer has to prove it

If you were dismissed on the spot for serious misconduct and didn't get notice, this claim asks a different question from unfair dismissal. On the contract, the employer must prove on the balance of probabilities that the misconduct justifying summary dismissal actually happened. An honest belief on reasonable grounds isn't enough.

That matters because the unfair dismissal claim can turn on what the employer reasonably believed. So it's possible to lose on unfair dismissal and still recover your notice on the contract. If both are open to you, consider getting professional advice on whether to bring both.

Limits, time and the salary bar

	The rule
Cap	None. The 6-month cap in s 23A applies to unfair dismissal only.
Time	The Act sets no limit. The WAIRC's guidance is 6 years from the benefit falling due. Long delay can still lead the Commission to dismiss a claim, and evidence fades.
Interest and penalty	None, according to the WAIRC's guidance.
Salary bar	The Commission must not decide the claim if no award, industrial agreement, order or employer-employee agreement applies to your job and your contract salary is above $212,800 (the Registrar's guide figure from 1 July 2026).
Your own conduct	Relief can be refused if you engaged in misconduct connected with the benefit you're claiming. Misconduct unrelated to the claim doesn't count.

If the salary bar applies, the WAIRC can't hear either your unfair dismissal or your contractual claim. A contract claim then goes to the ordinary civil courts, where the limitation period is 6 years.

How it differs from an underpayment claim

	Contractual benefits claim	Underpayment claim
Where the entitlement comes from	Your contract	A WA award, industrial agreement, Commission order, the Minimum Conditions of Employment Act 1993 (WA) or the Long Service Leave Act 1958 (WA)
Where it goes	WAIRC, Form 3	Industrial Magistrates Court (or a Wageline complaint first)
Time limit	6 years (WAIRC guidance)	6 years (IR Act s 82A)
Penalty on the employer	No	Yes — up to $93,000 for a company, more if serious
Interest	No (WAIRC guidance)	Yes

Many people have both: for example, an award minimum that was underpaid and a contractual bonus that wasn't paid. Split them, and put each in the right forum. See WA underpayments.

How to lodge

Gather the contract and every variation, offer letter and policy it incorporates.
Identify the exact term you rely on and what it entitles you to.
Lodge Form 3 with the WAIRC. The fee is $50 (as at September 2026), waivable for significant financial hardship. If you were dismissed, it can be lodged with your Form 2 unfair dismissal claim inside the 28 days.
Conciliation, then a hearing if it doesn't settle. Lawyers can appear as of right, but the Commission can't order costs for a lawyer or agent at first instance.
Appeal to the Full Bench within 21 days of the decision.

Employer in the Fair Work system instead? See contract disputes.

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Leading cases

The decisions that set the rules.

Matthews v Cool or Cosy Pty Ltd [2004] WASCA 114

The Industrial Appeal Court: the WAIRC can order money in place of a contractual benefit such as reasonable notice, even after employment has ended, and the unfair dismissal compensation cap doesn't limit it.

Rohan v S&DH Enterprises Pty Ltd [2023] WAIRC 00076

The Full Bench confirmed that "benefit" means the employee's contractual right, read widely, but it must arise under the contract — a free-standing claim for fair payment is outside the jurisdiction.

Show all leading cases (4)Show fewer

Trestrail v City of Karratha [2025] WAIRC 00820

On a contractual claim after summary dismissal, the employer must prove the misconduct on the balance of probabilities; an honest and reasonable belief is not enough.

Galloway v Signcraft (Aust) Pty Ltd [2025] WAIRC 00033

The employee must be entitled as a matter of legal right under the contract. Fair Work Act minimums, such as payout of annual leave, aren't contractual benefits unless the contract makes them so.

McCarthy v My Foodie Box Ltd [2026] WAIRC 00145

The Full Bench held that job security can be good consideration for agreeing to a pay cut, and that a clause requiring variations in writing doesn't prevent an oral variation.

Frawley v CFMMEU [2023] WAIRC 00708

Ending a fixed-term contract early is a denied contractual benefit; the remedy is the pay and benefits to the end of the term, less what was or reasonably should have been earned.

Questions

The things people ask.

What's the time limit for a contractual benefits claim?

The Act doesn't set one; the WAIRC's guidance is 6 years from when the benefit fell due. If you've been dismissed, it can be lodged alongside your unfair dismissal claim, which has its own 28-day limit. Long delay can still lead the Commission to dismiss a claim.

Can I claim unpaid award wages this way?

No. Award, industrial agreement and order entitlements are excluded from this claim. They are enforced in the Industrial Magistrates Court, or through a free Wageline complaint first.

Can I run this and an unfair dismissal claim together?

Yes, if both are open. They're lodged on separate forms (Form 2 and Form 3), decided on different tests, and the contractual claim has no cap. Consider getting professional advice on whether to bring both.

My employer says I agreed to a pay cut because I kept working. Is that right?

Not on its own. Continuing to work isn't enough to show you consented. But if you accepted the cut in exchange for keeping your job, that can be a valid variation, so what was said at the time matters.

Is there interest on what the Commission orders?

According to the WAIRC's guidance, no interest or penalty applies to a contractual benefits order. That's one difference from an underpayment claim in the Industrial Magistrates Court.