Commission's Own Motion -v- (Not Applicable), Chamber of Commerce and Industry of Western Australia (Inc), Minister for Industrial Relations, UnionsWA
Document Type: Decision
Matter Number: CICS 7/2025
Matter Description: Awards with wages less than the State Minimum Wage
Industry: Other
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Senior Commissioner R Cosentino, Commissioner T Kucera
Delivery Date: 20 May 2025
Result: General Order issued
Citation: 2025 WAIRC 00311
WAIG Reference: 105 WAIG 971
AWARDS WITH WAGES LESS THAN THE STATE MINIMUM WAGE
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
COMMISSION IN COURT SESSION
CITATION : 2025 WAIRC 00311
CORAM
: CHIEF COMMISSIONER S J KENNER
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T KUCERA
HEARD
:
THURSDAY, 8 MAY 2025
DELIVERED : TUESDAY, 20 MAY 2025
FILE NO. : CICS 7 OF 2025
BETWEEN
:
COMMISSION'S OWN MOTION
Applicant
AND
(NOT APPLICABLE)
Respondent
Catchwords : Industrial Law (WA) – Commission’s Own Motion application for a General Order s 50A – Review of awards with wages less than the State Minimum Wage
Legislation : Industrial Relations Act 1979 (WA) s 50, s 50(3)(a), s 50(4)
Result : General Order issued
REPRESENTATION:
Mr B Entrekin on behalf of the Honourable Minister for Industrial Relations
Mr C Harding on behalf of the Chamber of Commerce and Industry of Western Australia (Inc)
Mr G Hansen on behalf of UnionsWA
Reasons for Decision
THE COMMISSION IN COURT SESSION:
1 As a result of the 2024 State Wage Order, which adjusted the State Minimum Wage relativity from the C14 to the C13 minimum award classification rate, a considerable number of awards contain minimum wage rates less than the SMW.
2 By letter dated 8 April 2025, the s 50 parties were notified of this issue, and informed that a General Order application on the Commission’s own motion under ss 50(3)(a) and (4) of the Industrial Relations Act 1979 (WA) would be commenced, to vary the affected awards to reflect the SMW.
3 The Commission’s Registry compiled schedules of affected awards which were provided to the s 50 parties. Some minor adjustments were made as a result of the consultation process. At a short hearing on 8 May 2025, the s 50 parties indicated their consent to the minutes of proposed order provided to them. No further changes have been requested and accordingly, an order now issues giving effect to the minutes. The order will take effect from the beginning of the first pay period on or after 29 May 2025. The Commission wishes to record its appreciation for the assistance provided by Mr Entrekin, on behalf of the Minister, in the review process.
AWARDS WITH WAGES LESS THAN THE STATE MINIMUM WAGE
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
COMMISSION IN COURT SESSION
CITATION : 2025 WAIRC 00311
|
CORAM |
: Chief Commissioner S J Kenner Senior Commissioner R Cosentino Commissioner T Kucera |
|
HEARD |
: |
Thursday, 8 May 2025 |
DELIVERED : TUESDAY, 20 MAY 2025
FILE NO. : CICS 7 OF 2025
|
BETWEEN |
: |
Commission's Own Motion |
Applicant
AND
(Not Applicable)
Respondent
Catchwords : Industrial Law (WA) – Commission’s Own Motion application for a General Order s 50A – Review of awards with wages less than the State Minimum Wage
Legislation : Industrial Relations Act 1979 (WA) s 50, s 50(3)(a), s 50(4)
Result : General Order issued
Representation:
Mr B Entrekin on behalf of the Honourable Minister for Industrial Relations
Mr C Harding on behalf of the Chamber of Commerce and Industry of Western Australia (Inc)
Mr G Hansen on behalf of UnionsWA
Reasons for Decision
THE COMMISSION IN COURT SESSION:
1 As a result of the 2024 State Wage Order, which adjusted the State Minimum Wage relativity from the C14 to the C13 minimum award classification rate, a considerable number of awards contain minimum wage rates less than the SMW.
2 By letter dated 8 April 2025, the s 50 parties were notified of this issue, and informed that a General Order application on the Commission’s own motion under ss 50(3)(a) and (4) of the Industrial Relations Act 1979 (WA) would be commenced, to vary the affected awards to reflect the SMW.
3 The Commission’s Registry compiled schedules of affected awards which were provided to the s 50 parties. Some minor adjustments were made as a result of the consultation process. At a short hearing on 8 May 2025, the s 50 parties indicated their consent to the minutes of proposed order provided to them. No further changes have been requested and accordingly, an order now issues giving effect to the minutes. The order will take effect from the beginning of the first pay period on or after 29 May 2025. The Commission wishes to record its appreciation for the assistance provided by Mr Entrekin, on behalf of the Minister, in the review process.