Industrial Laws

Australian dairy employers operate under one of two private-sector workplace systems: the national (federal) system, or the Western Australian state system. Knowing which applies sets the minimum pay and conditions the business must meet.

Which system applies?

Since 1 January 2010, every state and territory except Western Australia has operated under the national system. Employers in those states are national system employers.

In Western Australia, it depends on business structure. Companies, and trusts with a company as trustee, are national system employers and follow federal rules. Sole traders, partnerships, and trusts with an individual trustee are in the WA state system.

This is the same business-structure test that determines award coverage — see the Awards section.

The national system

The national system is governed by the Fair Work Act 2009 and overseen by the Fair Work Commission and the Fair Work Ombudsman. For dairy, it sets the framework covered in detail elsewhere in this section:

  • National Employment Standards — the minimum entitlements for every employee (see the National Employment Standards section).
  • The Pastoral Award 2020 — the only federal award covering the dairy industry (see Awards).
  • Agreements — enterprise agreements and individual flexibility agreements (see Agreements and contracts).
  • Termination — the rules for ending employment fairly and lawfully (see Termination).
  • Record keeping — the records employers must keep (see Record keeping).
  • General protections — workplace rights protected from adverse action, coercion and discrimination. See the Fair Work Commission's general protections information.

Western Australia

Western Australia is the only state with its own private-sector industrial laws. For dairy businesses in the WA state system:

  • WA Farm Employees' Award — from 1 July 2024, it applies to the WA dairy industry and sets the state minimum wage for all classifications.
  • Minimum Conditions of Employment Act 1993 — the floor. If an award, agreement or contract is less favourable, the Act's minimum conditions apply instead.
  • Pay depends on structure — companies and corporate-trustee trusts follow federal rates; sole traders, partnerships and individual-trustee trusts follow WA rates. Current WA rates are on the WA Government's minimum pay rates page.
  • Casual loading — 25% from 31 January 2025.
  • WA also sets its own rules — for public holidays, leave, employing children, termination, residential tenancies and records.
Watch out

In WA, check the business structure before assuming federal coverage — it determines both the system and the pay rates that apply. If unsure, seek advice.

State-based entitlements (all states)

Even in the national system, a few matters stay state-based:

  • Long service leave — set by each state and territory. See the Fair Work long service leave page, which links to each scheme.
  • Employing children — minimum ages and conditions vary by state. For example, NSW sets no minimum age for farm work but compulsory-education laws apply and child-employment records must be kept; some states operate permit systems. Check the relevant state or territory government before employing anyone under 18.
  • Residential tenancies — if accommodation is provided, state tenancy laws may apply. See the Accommodation section.

Common questions

Which industrial laws apply to a dairy farm?

In every state and territory except Western Australia, the national (federal) system applies. In WA it depends on business structure: companies and corporate-trustee trusts are in the national system, while sole traders, partnerships and individual-trustee trusts are in the WA state system.

Is the Pastoral Award the only award covering dairy?

It is the only federal award covering the dairy industry. In Western Australia, the WA Farm Employees' Award applies to dairy businesses in the WA state system.

Does the Pastoral Award 2020 apply in Western Australia?

It applies to WA national system employers (companies and corporate-trustee trusts). WA sole traders, partnerships and individual-trustee trusts are in the WA state system, covered by the WA Farm Employees' Award.

What stays state-based even in the national system?

Long service leave, the rules for employing children, and residential tenancy laws all remain state-based, even for national system employers.