State Wage Case Variation Schedule for COM001

Document Type: Direction

Matter Number: A 43/1978

Matter Description: Application for new award - s.37

Industry:

Jurisdiction: Western Australian Industrial Relations Commission

Member/Magistrate name:

Delivery Date: 5 Aug 2025

Result:

Citation: 2025 WAIRC 00511

WAIG Reference:

DOCX | 37kB
2025 WAIRC 00511
Commercial Sales Representatives' Award (WA)

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $953.00 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $953.00 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.

The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2025 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.

(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.




11. - WAGES

(1) The following shall be the minimum weekly rates of wages payable to full-time employees covered by this award with effect from the beginning of the first pay period commencing on or after 1 July 2025.

(a)

Award Rate $




(i) Sales Representative
1055.10




(ii) Country Sales Representative
1102.70

(b) During the first three months in the industry in which the employer is engaged, an employee classified in (a)(i) or (a)(ii) above, shall be paid 91% of the appropriate rate of pay rounded to the nearest ten cents.




(c) A Probationary Sales Representative classified in (a)(i) or (a)(ii) above, shall be paid 91% of the appropriate rate of pay rounded to the nearest ten cents.

(2) Provided that a Sales Representative required by their employer to make periodic visits to country areas which necessitates them staying away from their normal place of residence for three or more nights in any one week, shall be paid as a Country Sales Representative for that week.

(3) Where an employee is engaged on a “commission only” basis or on a “commission and retainer” basis they shall be paid per week not less than the relevant minimum rate of pay prescribed in this award. Where an employee is employed on a “commission only” or “retainer and commission” basis the period in relation to which commission shall be calculated shall not be more than one month. The balance of commission outstanding after payment of the minimum remuneration as provided for by this clause shall be paid to the employee not later than one week following the last day of the said period.

At the time of payment of commission each employee shall be furnished with sufficient information to enable the employee to check the correctness of the amount of commission paid.