Industrial hub · Teachers and TAFE lecturers · Western Australia

Teachers, school leaders and TAFE lecturers in WA. Know your rights at work.

Your agreements and pay, discipline and registration, workload, class sizes and safety, and where bargaining stands as the agreements reach their expiry. Every point cites the Act, the clause or the decision it comes from.

1300 967 552 · free discussion

A teacher at the whiteboard in front of a full classroom of students

Who do you work for?

Your employer decides your system, your agreement, your union and your time limits.

System: WA state (WAIRC)
Agreement or award: SCH013, read with the TEA007 award
Union: SSTUWA
If you are dismissed: Refer the decision to the WAIRC within 28 days of the decision

Discipline and substandard performance run under Part 5 of the PSMA, applied by SE Act s 239(1). Read about your group

Guides

Each one cites the Act, the clause or the decision for every point.

Your agreements and paySCH013 and WES337 with their awards, every pay table, hours and DOTT, allowances, leave, fixed-term work, transfers and disputes.SCH013 Sch A · cl 12 · WES337 cl 28 · IR Act s 41(6)Read the guide

Discipline, dismissal and registrationPart 5 of the PSMA step by step, the 28-day referral to the WAIRC, suspension, s 240 orders, the Teacher Registration Board and working with children checks.PSMA s 78 · s 80 · s 82A · IR Act s 29(2)(c) · TR Act s 42Read the guide

Workload, safety and injuryFace to face teaching and DOTT, the workload clauses, class sizes, the right to disconnect, TAFE workload, occupational violence and workers’ compensation.award cl 13–14 · SCH013 cl 9 · cl 12 · cl 34 · WES337 cl 16Read the guide

Bargaining, and what is happening nowAgreements, nominal expiry, good faith, enterprise orders, the wages policy, industrial action, and where the 2026 rounds stand.IR Act s 41(6) · s 42I · s 44 · s 26(2A)Read the guide

Time limits that cannot be missed

28 daysto refer a discipline or performance decision, from the decision · IR Act s 29(2)(c)

21 daysunlawful termination in the Fair Work Commission · FW Act s 774(1)

3 weeksto lodge a formal grievance under the schools agreement · SCH013 cl 55.6(b)

12 monthsto make a workers’ compensation claim · WCIM Act s 25(1)

Your group at a glance

Find your employer and role in the first column.

Your employer and role	System	Main instrument	Union	If you are disciplined or dismissed
Department of Education: teacher, permanent or fixed-term, full-time or part-time	WA state (WAIRC)	SCH013, read with the award TEA007	SSTUWA	Discipline and substandard performance run under Part 5 of the Public Sector Management Act 1994 (WA) (PSMA), applied by SE Act s 239(1). Refer the decision to the WAIRC within 28 days of the decision (IR Act s 29(1)(i), (2)(c))
Department of Education: relief (casual) teacher	WA state (WAIRC)	SCH013 (a casual is engaged for at least three hours and for no more than four weeks at one school or site, with a 20% loading: cl 7), read with TEA007 award cl 10	SSTUWA	Casual employment can be ended on one hour's notice (award cl 10(2)(a)). Disciplinary action is still under PSMA Part 5
Department of Education: principal, deputy principal, head of department or other school administrator	WA state (WAIRC)	SCH013 and TEA007	SSTUWA or the Principals' Federation of WA (both are parties)	As for teachers: school administrators are "teaching staff" (SE Act s 237)
Department of Education: school psychologist or education officer	WA state (WAIRC)	SCH013 (Schedule A) and TEA007	SSTUWA	As for teachers
TAFE college (North Metropolitan, South Metropolitan, Central Regional, North Regional or South Regional) or the Department of Training and Workforce Development: lecturer, counsellor, head of program, principal lecturer, permanent, fixed-term or casual	WA state (WAIRC), on the current record (see the note below)	WES337, read with TEA008 and COM003	SSTUWA	PSMA Part 5 applies because lecturers are a prescribed class (Public Sector Management (General) Regulations 1994 (WA) r 14(a)). Refer within 28 days of the decision (IR Act s 29(1)(i), (2)(c))
Department of Education: education assistant or school support officer	WA state (WAIRC)	Other unions' agreements, for example the Education Assistants' (Government) General Agreement 2025 (EDU018)	United Workers Union or the CSA, not the SSTUWA	Not covered by this guide
Catholic or independent school: teacher	Generally the Fair Work system; not covered by this guide	Not covered by this guide	The IEU, not the SSTUWA	Not covered by this guide

Key time limits

These are short. Missing one can end a claim.

What	Time limit	Source
Refer a disciplinary decision (including dismissal), a suspension without pay or on part pay, or a substandard performance decision to reduce your classification or end your employment	28 days after the day the decision or finding is made. That can be earlier than the day a dismissal takes effect. A late referral is accepted only if it would be unfair not to	IR Act s 29(1)(i), (2)(c), (3); PSMA s 78
Ordinary unfair dismissal claim in the WAIRC	28 days after the day employment ends. Whether this route is open after a Part 5 dismissal is not settled, so a member in that position may need to refer within 28 days of the decision	IR Act s 29(1)(c), (2)(a)
Unlawful termination application in the Fair Work Commission (for example, dismissal because of union activity, illness, pregnancy or a listed attribute)	21 days after the termination takes effect	FW Act s 772, s 773, s 774(1)
Formal grievance under the schools agreement	Within three weeks of the circumstances giving rise to it; later only at the committee's discretion	SCH013 cl 55.6(b)
Workers' compensation claim	Within 12 months after the injury	Workers Compensation and Injury Management Act 2023 (WA) s 25(1)
Review of a working with children negative notice in the State Administrative Tribunal	28 days after the date of the notice	Working with Children (Screening) Act 2004 (WA) s 26

Refer a disciplinary decision (including dismissal), a suspension without pay or on part pay, or a substandard performance decision to reduce your classification or end your employmentTime limit: 28 days after the day the decision or finding is made. That can be earlier than the day a dismissal takes effect. A late referral is accepted only if it would be unfair not to

Source: IR Act s 29(1)(i), (2)(c), (3); PSMA s 78

Ordinary unfair dismissal claim in the WAIRCTime limit: 28 days after the day employment ends. Whether this route is open after a Part 5 dismissal is not settled, so a member in that position may need to refer within 28 days of the decision

Source: IR Act s 29(1)(c), (2)(a)

Unlawful termination application in the Fair Work Commission (for example, dismissal because of union activity, illness, pregnancy or a listed attribute)Time limit: 21 days after the termination takes effect

Source: FW Act s 772, s 773, s 774(1)

Formal grievance under the schools agreementTime limit: Within three weeks of the circumstances giving rise to it; later only at the committee's discretion

Source: SCH013 cl 55.6(b)

Show all 6 rowsShow fewer

Workers' compensation claimTime limit: Within 12 months after the injury

Source: Workers Compensation and Injury Management Act 2023 (WA) s 25(1)

Review of a working with children negative notice in the State Administrative TribunalTime limit: 28 days after the date of the notice

Source: Working with Children (Screening) Act 2004 (WA) s 26

The short version

Your agreement and your pay

Pay comes from the agreement, not the award. The award rates are far lower: the award's Level 1.1 is $54,644 from 1 July 2026 (TEA007), against $70,096 for an untrained teacher at 1.1 under the agreement from 6 December 2025 (SCH013 Schedule A, Table 1).

Both agreements gave three rises: 5%, 4% and 3%, from 6 December 2023, 2024 and 2025 for schools (SCH013 Schedule A), and from 15 December 2023, 2024 and 2025 for TAFE (WES337 cl 28.2–28.4). No further rise is scheduled in either agreement.

Role	Rate	From	Source
Teacher 2.1 (graduate entry) to 2.9	$88,178 to $127,737 a year	6 December 2025	SCH013 Schedule A, Table 4
Relief (casual) teacher 2.1 to 2.9, including the 20% loading	$52.67 to $76.30 an hour	6 December 2025	SCH013 Schedule A, Table 6
Senior Teacher 1 / Senior Teacher 2	$132,557 / $134,165 a year	6 December 2025	SCH013 Schedule A, Table 7
Level 3 classroom teacher 3.1 / 3.2	$137,567 / $141,551 a year	6 December 2025	SCH013 Schedule A, Table 10
School administrators 3.1 to 6.4	$141,551 to $206,662 a year	6 December 2025	SCH013 Schedule A, Table 16
TAFE Lecturer/Counsellor Grade 1 to Grade 9	$96,229 to $124,271 a year	15 December 2025	WES337 Schedule G
TAFE Principal Lecturer, Senior Counsellor and equivalents	$135,838 a year	15 December 2025	WES337 Schedule G

Teacher 2.1 (graduate entry) to 2.9Rate: $88,178 to $127,737 a year

From: 6 December 2025
Source: SCH013 Schedule A, Table 4

Relief (casual) teacher 2.1 to 2.9, including the 20% loadingRate: $52.67 to $76.30 an hour

From: 6 December 2025
Source: SCH013 Schedule A, Table 6

Senior Teacher 1 / Senior Teacher 2Rate: $132,557 / $134,165 a year

From: 6 December 2025
Source: SCH013 Schedule A, Table 7

Level 3 classroom teacher 3.1 / 3.2Rate: $137,567 / $141,551 a year

From: 6 December 2025
Source: SCH013 Schedule A, Table 10

Show all 7 rowsShow fewer

School administrators 3.1 to 6.4Rate: $141,551 to $206,662 a year

From: 6 December 2025
Source: SCH013 Schedule A, Table 16

TAFE Lecturer/Counsellor Grade 1 to Grade 9Rate: $96,229 to $124,271 a year

From: 15 December 2025
Source: WES337 Schedule G

TAFE Principal Lecturer, Senior Counsellor and equivalentsRate: $135,838 a year

From: 15 December 2025
Source: WES337 Schedule G

Fixed-term work. The award commits the Department to permanent engagement, with fixed-term and casual contracts only for a defined and limited program of work or a vacancy caused by leave (TEA007 award cl 7(1)). Teaching staff may be engaged for a fixed period of up to 5 years (SE Act s 236(4)). The schools agreement commits the parties to develop a conversion to permanency clause and, until then, the Department to review cases the unions raise where staff may have been wrongly employed on fixed-term contracts (SCH013 cl 30.1). TAFE lecturers already have conversion rights: apart from contracts for demand-driven work or changing skills, which have their own business case process (cl 19.8–19.12), a fixed-term lecturer with two or more years in the same or a similar role, without a break in service and with no documented record of unsatisfactory performance, must have the contract reviewed and must generally be made permanent unless one of the permitted reasons for a fixed-term contract applies, or the managing director certifies the role cannot be funded (WES337 cl 19.13–19.17).

Deep guide: Your agreement and pay

Workload and class sizes

(a) Teaching hours. The award caps face to face teaching at 21 hours 20 minutes a week, for primary teachers too since the 2021 school year (TEA007 award cl 13(2)–(3)). It gives duties other than teaching (DOTT) time of 320 minutes a week in secondary, pre-primary and kindergarten and 270 minutes in primary (award cl 14(1)–(2)).

(b) The workload promise. "No Teacher will be required to perform an unreasonable or excessive workload during the school year" (SCH013 cl 9.2(b)).

(c) The right to disconnect. Teachers and school administrators "are not required to initiate or respond to electronic and other communication from school staff, parents or community members when not on site", including on leave and in student vacations (SCH013 cl 34.1). The exceptions are emergencies and staffing or health matters where not communicating could disadvantage staff (cl 34.2).

(d) Class sizes are planning targets, not caps. Schools "are to plan not to exceed" the general class sizes in Table A, for example 24 in Years 1 to 3, 32 in Years 4 to 6 and 7 to 10, and 25 in Years 11 and 12 (SCH013 cl 12.2). A teacher asked to take a larger class can use the grievance procedure (cl 12.4).

(e) TAFE. A full-time lecturing load is up to 21 lecturing hours a week within 37.5 ordinary hours (WES337 cl 37). Class sizes for lecturers are not in the agreement; they sit in a policy of the SSTUWA TAFE Employee Relations Committee (WES337 cl 15.3(f)).

Deep guide: Workload, safety and injury

Discipline, performance and registration

(a) The law. Teachers and lecturers are not public service officers, but Part 5 of the PSMA, on substandard performance and discipline, applies to them: to teachers through SE Act s 239(1), and to lecturers as a prescribed class (PSM (General) Regulations r 14(a)). The schools agreement's grievance procedure does not cover "performance and disciplinary matters" (SCH013 cl 55.2).

(b) Since 31 January 2025, a disciplinary decision, a suspension without pay or on part pay, and a substandard performance decision to demote or dismiss are "industrial matters" (PSMA s 78). The employee, or the union, refers them to the WAIRC (IR Act s 29(1)(i), (1)(a)(ii)), within 28 days of the decision (s 29(2)(c)). Where the employer did not follow the Public Sector Commissioner's instructions or procedural fairness, the Commission may decide the matter on its merits, or quash the decision and send it back to be done again from a set stage (IR Act s 36AG).

(c) An open question. Whether a teacher or lecturer dismissed under Part 5 can also bring an ordinary unfair dismissal claim, and whether the union can still run a dismissed member's case as a dispute under s 44, has not been decided under the new law (IR Act s 23(3)(d)). The deep guide explains both questions.

(d) Ordered off school premises. Where the Director General suspects a breach of discipline and a risk to students, a person can be ordered to stay away from a school or all government schools, with written reasons (SE Act s 240(1)–(2)).

(e) Registration. A person must not teach at a school unless registered with the Teacher Registration Board (Teacher Registration Act 2012 (WA) s 6). If an employer suspects serious misconduct or serious incompetence and the teacher is dismissed, suspended or resigns, the employer must notify the Board within 7 days (s 42). A resignation during an investigation can therefore still reach the Board. TAFE colleges are not "educational institutions" under that Act (s 3).

(f) Working with children. Teaching is child-related work (Working with Children (Screening) Act 2004 (WA) s 6(1)(a)(iii)), and an employer must not employ a person in child-related work if it is aware that a negative notice or interim negative notice issued to the person is current (s 22(3)).

Deep guide: Discipline, dismissal and registration

Violence and injury at work

(a) The duty. The Department or college must ensure health and safety "so far as is reasonably practicable" (Work Health and Safety Act 2020 (WA) s 19(1)), including managing psychosocial hazards such as aggression from students or parents (Work Health and Safety (General) Regulations 2022 (WA) r 55A–55D). The schools agreement requires risks to psychological health to be eliminated or minimised in consultation with the WHS committee (SCH013 cl 35.14–35.16). It has no clause on assaults by students or parents.

(b) School tools. A principal or other authorised person may require a person who is not a student at the school and who has used "threatening, abusive or insulting language towards a teacher acting in an official capacity" to give their name and address and leave the school for 24 hours (SE Act s 120).

(c) Assault is a crime. Teachers and lecturers are "public officers" under the Criminal Code, so an assault on one doing their work is a serious assault (Criminal Code (WA) s 1, s 318(1)(d)). The mandatory minimum sentences in s 318 do not extend to teachers (s 318(5)).

(d) Workers' compensation. Claims are made within 12 months (WCIM Act s 25(1)). A psychological injury caused wholly or predominantly by administrative action, such as discipline or performance management, is not compensable unless that action was "unreasonable and harsh" (WCIM Act s 7). Personal leave used while a claim is decided is re-credited if the claim is accepted (SCH013 cl 35.51–35.52).

Deep guide: Workload, safety and injury

Bargaining and what happens in December 2026

(a) The schools agreement reaches its nominal expiry on 5 December 2026 (SCH013 cl 5.1) and the TAFE agreement on 15 December 2026 (WES337 cl 7.1). Each continues in force until it is replaced (IR Act s 41(6)), so pay stays at the December 2025 rates until a new agreement is registered.

(b) The replacements are negotiated under the Public Sector Wages Policy Statement 2026, which applies to WA public sector agreements other than those that expired before 6 May 2026. Under it a new agreement applies from registration, the Government "may consider" back pay to the old agreement's expiry, and people who leave before registration are not covered (Wages Policy Statement 2026 cl 4, 5, 9, 10).

(c) The WA system has no protected industrial action. The Commission can order bans and stoppages lifted (IR Act s 44), and has done so in past teacher bargaining rounds (Director General, Department of Education and Training v State School Teachers' Union of Western Australia Inc. [2008] WAIRC 00367).

(d) On 3 November 2026 the union's home page said the 2026 draft schools log of claims was complete and that members were voting on whether to accept it (sstuwa.org.au).

Deep guide: How bargaining works, and what is happening now

What the Fair Work Act still reaches

Public school teachers and TAFE lecturers are outside the national system, but some parts of the Fair Work Act 2009 (Cth) reach State employees anyway (s 742, s 770):

What is happening now

From the public record only, as at 3 November 2026. No view on any outcome. No 2026 bargaining matter between the union and the Department of Education or the TAFE employers appeared in the Commission’s published decisions up to *Shire of Mundaring v Western Australian Municipal, Administrative, Clerical and Services Union of Employees* [2026] WAIRC 00963.

SchoolsThe schools agreement (SCH013)SCH013 reaches its nominal expiry on 5 December 2026 and continues in force until replaced. On 3 November 2026 the union’s home page said members were voting on the 2026 draft log of claims.

6 December 2025 The last scheduled pay rise under the schools agreement (3%). SCH013 Schedule A
26 May 2026 The Public Sector Wages Policy Statement 2026 is issued. Wages Policy Statement 2026
3 November 2026 The union’s home page says members are voting on the 2026 draft schools log of claims. sstuwa.org.au
5 December 2026 The schools agreement reaches its nominal expiry date; it continues in force until replaced. cl 5.1

TAFEThe TAFE lecturers’ agreement (WES337)WES337 required negotiations for a replacement to begin at least six months before expiry. No public TAFE log of claims or ballot was found, so whether or when negotiations began is not on the public record.

15 December 2025 The last scheduled pay rise under the TAFE agreement (3%). cl 28.4
15 June 2026 The latest date for TAFE negotiations to begin under the agreement. cl 7.2
15 December 2026 The TAFE agreement reaches its nominal expiry date; it continues in force until replaced. cl 7.1

How bargaining works in the WA system, and the full public record: Bargaining, and what is happening now

Class sizes in WA public schools: Table A

“Schools are to plan not to exceed class sizes as per Table A” (SCH013 cl 12.2). These are planning figures, not caps: a teacher requested to accept a larger class can use the grievance procedure (cl 12.4). TAFE class sizes are not in the lecturers’ agreement (WES337 cl 15.3(f)).

Workload, safety and injury →

Kindergarten20

Pre-primary (non purpose built centres)25

Pre-primary (purpose built centres)27

K/P20–27 (recommended no more than 20 in a class at any one time)

K/P/120 at any one time

Years 1–324 (recommended no more than 23 in a 3/4 class at any one time)

Years 4–632

Mixed years (Years 4–6)31

Years 7–1032

Years 11–1225

Practical16–22

Decided cases

What the Commission and the courts decided.

Published decisions, retold in plain English from the decision itself. Each links to the full text. Lawcaptain did not act in these cases.

Won on jurisdictionWAIRC Full Bench · 6 May 2024

A dismissed TAFE lecturer's case could go to the Commission through the union: the Full Bench

A TAFE dismissed a lecturer, and the union took the case to the Commission under s 44 seeking reinstatement. The TAFE said only the lecturer himself could challenge the dismissal, by a referral under the Public Sector Management Act, so the Commission had no power. The Full Bench disagreed: either the lecturer or the union could bring it.

Read the full storyShow less

The union applied under s 44 of the Industrial Relations Act 1979 (WA) for a member, a lecturer who had been dismissed, seeking interim reinstatement and then reinstatement or re-employment ([1]). It was agreed that the lecturer was not a "government officer", that Part 5 of the Public Sector Management Act 1994 (WA) applied to him, and that he was dismissed on 1 September 2023 as disciplinary action under that Act ([4]). The TAFE said that because he could himself refer the dismissal to the Commission under s 78(2) of that Act, s 23(3)(d) of the IR Act stopped the Commission dealing with the union's case ([2]). The Commissioner at first instance agreed ([5]).

The Full Bench explained the background. Public sector employees who were not government officers could not appeal to the Public Service Appeal Board, so s 78(2) gave them a referral to the Commission instead, with all of the Commission's powers ([46]-[47]). It held that s 23(3)(d) is aimed at a "self-contained regulatory scheme" with its own appeal process under another Act ([51]), and a s 78(2) referral is not that: it is heard by the Commission under the IR Act, not by a separate tribunal ([64]).

On the union's role, the Full Bench held:

(a) the lecturer could refer the dismissal himself, or the union could bring it under s 44, just as with any unfair dismissal claim, and it would be "incongruous" if the union could not ([84]);

(b) there is no conflict between the two routes, because "all roads lead to the Commission" ([85]);

(d) the Full Bench was not persuaded that the PSM Act "covers the field", and s 78(2) "is complementary to the Commission's jurisdiction and enlarges it" ([87]).

The appeal was upheld and the order dismissing the application was quashed ([91]). The Full Bench also discussed, without deciding, what the word "regulate" in s 23(3)(d) covers, saying the full scope of that limit was "best left to another occasion" ([88]-[90]).

In the decision's words: "Rather, s 78(2) is complementary to the Commission's jurisdiction and enlarges it." ([87]).

What it means for you

A member in this position may be able to have the union bring a dismissal case to the Commission under s 44, as the Full Bench held for a TAFE lecturer in 2024, but three things limit what this decision can be relied on for today: (a) the TAFE appealed to the Industrial Appeal Court (IAC 3/2024); only programming orders have been found (Governing Council of North Metropolitan TAFE v The State School Teachers' Union of W.A. [2024] WAIRC 00262), and the result of that appeal is not known; (b) the law changed on 31 January 2025: the Public Service Arbitrator and the Public Service Appeal Board (Part IIA of the IR Act) were abolished, and s 29(1)(i) of the IR Act now lets an employee or former employee to whom Part 5 of the PSM Act applies refer a decision or finding that is an industrial matter under PSM Act s 78 to the Commission (IR Act as at 1 September 2026); s 78 of the PSM Act was replaced (No. 43 of 2024 s 151) and now lists the Part 5 decisions that are industrial matters, without the old s 78(2) referral (PSMA as at 26 June 2026); (c) s 23(3)(d) is still in the IR Act (as at 1 September 2026), and whether it bars other claims about a Part 5 dismissal since the 2025 change, or whether the s 29(1)(i) referral is the only route, is an open question that this decision does not answer.

Outcome: Won by the union on jurisdiction. The Full Bench upheld the union's appeal and quashed the order dismissing its s 44 application for a dismissed lecturer. It decided only that the Commission could deal with the case, not whether the dismissal was unfair. The TAFE appealed to the Industrial Appeal Court (IAC 3/2024); only programming orders have been found (North Metropolitan TAFE v SSTUWA [2024] WAIRC 00262), and the result of that appeal is not known.

The State School Teachers' Union of W.A. v Governing Council of North Metropolitan TAFE [2024] WAIRC 00191

No jurisdictionFair Work Commission · 10 October 2023

Unfair dismissal claims against the WA Department of Education in the Fair Work Commission: no jurisdiction (not shown to be teacher cases)

Three people who had worked for the WA Department of Education filed unfair dismissal claims in the Fair Work Commission. Each time the Commission warned them that the Department may not be a national system employer. One claim was dismissed with an express finding that the Commission had no jurisdiction; one was dismissed when the applicant did not respond, and one because the application fee was never paid or waived.

Read the full storyShow less

An applicant who had worked in Western Australia filed an unfair dismissal application against the Department of Education on 15 August 2023 ([1]-[2]). The Commission wrote and rang several times, warning that the Department may not be a national system employer and that the Commission may not have jurisdiction ([2]-[6]). No further response came ([7]).

The Commissioner explained that the unfair dismissal part of the Fair Work Act deals with "national system employees", and that under s 380 "employee" and "employer" mean a national system employee and a national system employer ([8]). The applicant and the Department "do not respectively fall within the scope of this definition" ([8]), so the Commission had no jurisdiction "as their employment was not with a national system employer" ([9]). The application was dismissed under s 587 ([11]).

Two later decisions follow the same pattern without deciding the point:

(a) in Sharon Joy Collins v Department of Education [2025] FWC 3613 the application "raised a concern about whether the respondent is a National System Employer", the applicant appearing to be a former State Government employee in WA; it was dismissed when the applicant did not respond ([2], [5]-[7]);

(b) in Jonty Shelley v Department of Education [2026] FWC 2282 the Deputy President noted that it was "apparent that the Respondent may not be a National System Employer", but dismissed the application because the filing fee was not paid or waived; chambers had sent the applicant information on the national system employer issue and a list of community legal centres ([1], [4], [7]).

In the decision's words: "I am satisfied that the Commission has no jurisdiction to determine the Applicant's application for unfair dismissal as their employment was not with a national system employer." ([9]).

What it means for you

None of these claims was argued, and only Rubio Pastor [2023] FWC 2611 makes an express finding ([8]-[9]). Together they show the Commission raising the national system point straight away for the WA Department of Education. A teacher dismissed by the Department may be able to claim in the WA Industrial Relations Commission instead: an employee's unfair dismissal claim must be referred "no later than 28 days after the day on which the employee's employment is terminated", and a late claim is accepted only if it would be unfair not to (IR Act s 29(1)(c), (2)(a), (3)). Nothing in s 29(2) extends the 28 days for time spent in the Fair Work Commission, and while a Fair Work application is on foot the WA Commission must not determine the claim unless that application is withdrawn, or rejected or dismissed because it is outside the Fair Work Commission's jurisdiction (IR Act s 29AA(1)-(2)). An application dismissed for want of prosecution, as in Collins [2025] FWC 3613, or for an unpaid fee, as in Shelley [2026] FWC 2282, is not on that list. For a teacher disciplined or dismissed under Part 5 of the Public Sector Management Act 1994 (WA), see the routes on the discipline page and worked example 1 in file A.

Outcome: Lost by the applicant in each case: dismissed under s 587 of the Fair Work Act 2009 (Cth), on the papers, without a hearing.

Maria Macarena Rubio Pastor v Department of Education [2023] FWC 2611

TAFE lecturers

The same state system, with their own agreement.

TAFE collegesWES337, read with the TAFE award and COM003: up to 21 lecturing hours within 37.5 ordinary hours, rights to be considered for conversion to permanent, and the same Part 5 discipline route with 28 days to refer a decision.In every guide

Worked examples

How it plays out, step by step.

Illustrative example, not a real case

A government school teacher files in the wrong tribunal

A teacher's employment with the WA Department of Education ends on Friday 5 March 2027. Searching online, he finds the Fair Work Commission's unfair dismissal form and files it a week later.

Walk through itShow less

The Fair Work Commission is the wrong place. Its unfair dismissal jurisdiction covers national system employees and employers only, and it has held that a Department of Education employee and the Department fall outside that definition (Maria Macarena Rubio Pastor v Department of Education [2023] FWC 2611 at [8]-[9]). Of two later applications, one was dismissed when the applicant did not respond to the Commission's warnings (Sharon Joy Collins v Department of Education [2025] FWC 3613 at [2]-[7]), and the other because the application fee was not paid or waived (Jonty Shelley v Department of Education [2026] FWC 2282 at [1], [7]).
The WA time limit keeps running. An employee's unfair dismissal claim in the Western Australian Industrial Relations Commission must be referred "no later than 28 days after the day on which the employee's employment is terminated" (IR Act s 29(1)(c), (2)(a)). For a termination on Friday 5 March 2027, the last day is Friday 2 April 2027. Nothing in s 29(2) extends that period for time spent in the Fair Work Commission.
Withdrawing the Fair Work application. While his Fair Work application stands, the WA Commission must not determine his unfair dismissal claim, unless the Fair Work application is withdrawn, or rejected or dismissed on the ground that it is outside the Fair Work Commission's jurisdiction (IR Act s 29AA(1)-(2)). A member in this position may want to withdraw it in writing when filing in the WA Commission.
If the deadline is missed. The WA Commission may accept a late referral if it considers it would be unfair not to (s 29(3)). That is a discretion, so a member in this position may want to file in the right place as soon as the mistake is found, and to explain the delay.
If the dismissal was disciplinary. Where the Department ended the employment as disciplinary action under Part 5 of the Public Sector Management Act 1994 (WA), there is also a referral route for Part 5 decisions, with its own 28 days running from the decision (s 29(1)(i), (2)(c)). Which route applies, and whether s 23(3)(d) limits the s 29(1)(c) claim, is not settled; see worked example 1 in file A.

The dates and day counts are our working, for illustration.

Illustrative example, not a real case

A union delegate at a non-government school is dismissed

A teacher at a non-government school, employed by an incorporated school company, is the union delegate. After she circulates an email to members criticising a new workload policy, she is dismissed with effect from Friday 12 March 2027. This example assumes the school company is a national system employer; this guide does not yet cover non-government school teachers' agreements.

Walk through itShow less

Two federal routes, one choice. She may apply to the Fair Work Commission for an unfair dismissal remedy (Fair Work Act 2009 (Cth) s 394(1)) or for the Commission to deal with a general protections dismissal dispute (s 365). While one of these applications about the dismissal is on foot (not withdrawn and not failed for want of jurisdiction), she must not make another of the kinds listed in ss 726 to 732, which include a claim under a State law (s 725, s 732).
21 days. Either application must be made within 21 days after the dismissal took effect (s 394(2)(a); s 366(1)(a)). For a dismissal taking effect on Friday 12 March 2027, the last day is Friday 2 April 2027. The Commission may allow more time only in exceptional circumstances (s 394(3); s 366(2)).
The presumption. In a general protections case, if she alleges the school acted because of her union role or activity, it is presumed it did, unless the school proves otherwise (s 361(1)). In Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, a Victorian TAFE teacher's case, the High Court held the question is the decision-maker's actual reason, found on all the evidence, and that it will generally be "extremely difficult" to displace the presumption without direct evidence from the decision-maker ([44]-[45]). In that case the employer succeeded because the decision-maker's evidence was believed ([45]).
Government school teachers. The general protections do not reach action by the State as employer (s 338), so this route does not help a teacher employed by the WA Department of Education. A Department teacher dismissed for union membership or activity, or for acting as an employee representative, may instead have an unlawful termination claim, which applies to all employers (s 770, s 772(1)(b), (d)), carries a similar presumption (s 783) and must be made within 21 days (s 774(1)). A claim in the WA Industrial Relations Commission about the same dismissal bars it (s 725, s 732).

The dates and day counts are our working, for illustration.

Your union

The State School Teachers’ Union of W.A. (SSTUWA) is a party to both the schools agreement and the TAFE lecturers’ agreement. The Principals’ Federation of Western Australia is a second union party to the schools agreement.

If you are facing discipline or a claim, talk to your union first.

Need a lawyer?

We act for employees in the WA Commission, the Industrial Magistrates Court and the Fair Work Commission.

Questions

The things people ask.

Which industrial system am I in as a WA public school teacher or TAFE lecturer?

The WA state system. Public school teachers are employed by the Director General of the Department of Education for the Crown (SE Act s 236(6)), and TAFE lecturers by their college (VET Act s 47). Your agreement is registered in the WAIRC, and that is where your disputes go. Teachers at Catholic and independent schools are generally in the federal Fair Work system, and this guide does not yet cover them.

My agreement expires in December 2026. Do I keep my pay and conditions?

Yes. An industrial agreement continues in force after its expiry date until a new agreement or award replaces it, except for a party that retires from it by notice (IR Act s 41(6)–(7)). The TAFE agreement says the same thing itself (WES337 cl 7.1). Neither agreement schedules a rise after December 2025, so the December 2025 rates continue until a replacement is registered.

Will I get back pay when the new agreement is made?

It is not guaranteed. Under the Public Sector Wages Policy Statement 2026 a new agreement applies from the date of registration, and the Government "may consider retrospective wage increases up to the expiry of any previous agreement, in the context of good faith bargaining" (cl 9). A new agreement does not apply to employees who leave before it is registered (cl 10). In the last round, back pay went only to people still employed on the registration date (SCH013 cl 23.2–23.3; WES337 cl 28.2, 28.5).

Is there a maximum class size?

Not a binding cap. Schools "are to plan not to exceed" the class sizes in Table A of the schools agreement (SCH013 cl 12.2). A school may go over them if the principal gives additional support, and a teacher asked to take a larger class can use the grievance procedure, both within available resources (cl 12.4).

How long do I have to challenge a dismissal or a disciplinary decision?

28 days after the day the decision or finding is made, for a decision under Part 5 of the PSMA (IR Act s 29(2)(c)). The clock runs from the decision, which can be earlier than the day the dismissal takes effect. The Commission accepts a late referral only if it would be unfair not to (s 29(3)).

Can I go to the Fair Work Commission instead?

Generally not for unfair dismissal, because the State is not a national system employer. The Fair Work Commission dismissed one such claim against the WA Department of Education for that reason (Maria Macarena Rubio Pastor v Department of Education [2023] FWC 2611 at [9]). An unlawful termination application under s 772 of the Fair Work Act is open, within 21 days (FW Act s 774(1)). An unfair dismissal claim in the WAIRC about the same dismissal affects that route, so the choice of forum matters (FW Act s 725, s 732; IR Act s 29AA).

Do I have to answer parents' emails in the evening or on holidays?

Under the schools agreement, teachers and school administrators are not required to initiate or respond to communication from staff, parents or community members when not on site, including on leave, public holidays and student vacations (SCH013 cl 34.1). The exceptions are emergencies, and staffing or health matters where not communicating could disadvantage staff (cl 34.2). TAFE lecturers have their own right to disconnect clause (WES337 cl 41).

Does a TAFE lecturer need teacher registration?

On the texts read for this guide, no. The Teacher Registration Act requires registration to teach at an "educational institution", and TAFE colleges are not on that list (Teacher Registration Act 2012 (WA) s 3, s 6). A trainer or assessor delivering an approved VET course is also prescribed as not "teaching" (Teacher Registration (General) Regulations 2012 (WA) r 8(b)). That regulation refers to training standards that have since been replaced, so confirm it before relying on it.

Can relief teachers be dismissed at short notice?

Yes. A casual's employment can be ended at any time by either side giving one hour's notice, or one hour's pay instead (TEA007 award cl 10(2)). Disciplinary action against a casual still runs under PSMA Part 5, with the 28-day referral to the WAIRC.

I teach at a Catholic or independent school. Does this guide apply to me?

Not yet. Teachers at non-government schools are outside the SSTUWA's rules and are generally in the federal Fair Work system, under their own school or system agreements. The IEU is the union for those schools.

For unions and industrial officers

The same research agent can work through your members' agreement, its history in the Commission, and the decisions on it.

We use our software to generate this content with AI assistance. General information about the law, not legal advice. It takes no side in any current proceeding. Last checked 3 November 2026.