State Wage Case Variation Schedule for DAI001
Document Type: Direction
Matter Number: A 15/1982
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 00518
WAIG Reference: 105 WAIG 1441
2025 WAIRC 00518
Dairy Factory Workers' Award 1982
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.
29. - WAGES
(1) The minimum weekly rate of wage payable to employees covered by this award shall be as expressed hereunder as a base rate, supplementary payment and arbitrated safety net adjustments: -:
Base rate
Supplementary Payment
Arbitrated Safety Net Adjustments
Minimum
Rate
(a)
Dairy Production Worker - Grade I
A new employee with less than three months of employment in the industry who performs routine duties under supervision
284.70
40.70
627.60
953.00
(b)
Dairy Production Worker - Grade II
Shall mean an employee classified as such engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties under supervision beyond the skills of a Grade I employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade II
Recrater/Decrater
314.00
44.80
615.70
974.50
Cool Room Hand
Wheeler
Yard Person
Auto Cutting, (Cheese Section)
Spotter
Hand Packer
Machine Feeder
Hand Conveyor Loader
Box Maker
Powdered Milk Bagger
Cleaner (General)
(c)
Dairy Production Worker - Grade III
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties with routine supervision, beyond the skills of a Grade II employee and who, may, be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade III
(i)
Mobile Electric Milk Crate Lifter
321.20
45.90
618.20
985.30
(ii)
Cheese Room Hand (Machine Operator)
(iii)
Mill Attendant (Casein/Cheese Manuf. Plants)
(iv)
Separator Operator
(v)
Freezer Room Hand
(vi)
Laboratory Assistant
(vii)
Bulk Bag Operator (Milk Section)
(viii)
Separator Operator (Cheese)
(ix)
Pickers
(x)
Despatch Hands
(xi)
Cleaning/Machine Operator
(xii)
Milk Receiver and Sampler
(d)
Dairy Production Worker - Grade IV
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to carry out duties beyond the skills of a Grade III employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade IV
328.60
46.90
620.40
995.90
Pasteuriser (HTST)
Separator and/or Mix Maker
Machine Operator (Cup)
Tester and Grader
Cream Grader (Single)
Cream Tester (Single)
Assist. Cheese maker
Pasteuriser Operator (Cheese)
Butter Cutter (in charge of machine)
Vacreator Operator
Tester and Grader (Casein Certificated)
Casein Maker
Continuous Evaporator (Dryer Operator)
Machine Operator (Single)
Blow Moulder Operator
Reverse Osmosis and/or Ultra
Filtration Operator
Blender/Mix Maker
Butter Maker
Despatch (Multiple Function)
Boiler Attendant
(e)
Dairy Production Worker - Grade V
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills of a Grade IV employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade V
Technical Assistant (Unqualified)
343.20
49.00
625.10
1017.30
Butter Maker with Certificate
Machine Operator (Multiple)
Auto Form – Fill Aspectic Machine
Blow Moulder Operator (Advanced)
Stores (Advanced)
Process Controller (UHT, Ultra Clean, Pasteuriser)
(f)
Dairy Production Worker - Grade VI
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties, beyond the skills of a Grade V employee, and who, may be required to regularly carry out at least one of the specific duties listed hereunder for which they have been suitably trained –
Special Duties - Grade VI
(i)
Technical Assistant (Qualified)
350.40
50.10
627.70
1028.20
(ii)
Cheese Maker (Qualified - up to 2 varieties)
(iii)
Process Controller (Advanced)
Automated Batchmaking and Computerised Plant
(g)
Dairy Production Worker - Grade VII
Shall mean an employee who is classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills required of a Dairy Production Worker - Grade VI and who, may be required to regularly carry out at least one of the specific duties listed hereunder for which they have been suitably trained –
Special Duties - Grade VII
(i)
Laboratory Technician
(ii)
Cheese Maker (Advanced - more than 2 varieties)
365.20
52.00
637.90
1055.10
(h) (i) The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
(2) Junior Employees:
Junior employees shall receive the prescribed percentage of the adult rate for the class of work on which they are engaged.
%
Under 17 years of age
70
17 to 18 years of age
80
18 to 19 years of age
90
At 19 years of age
Adult Rates
(3) The ordinary rate per hour shall be calculated by dividing the appropriate weekly rate by 38.
(4) The parties agree that the above wage rates include a first stage structural efficiency increase of $15.00 per week to all employees with any amount in excess of that determined by the Western Australian Industrial Relations Commission to be appropriate being absorbed in the second structural efficiency increase. The total structural efficiency increase will be that determined by the Commission in the State Wage Case Decision of 8 September 1989 (Application No. 1940 of 1989) namely -
(a)
basic skills/trainee level
$20.00
(b)
semi skilled
$25.00
(c)
tradesperson or equivalent
$30.00
(5) Structural Efficiency
(a) Arising out of the decision of the State Wage Case on 8 September 1989 and in consideration of the wage increases resulting from the first structural efficiency adjustment in Application No. 1707 of 1989, employees are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.
(b) The parties to this Award are committed to implementing a new wage and classification structure. In making this commitment the parties -
(i) accept in principle that the descriptions of job functions within a new structure will be broadly based and generic in nature;
(ii) state that wage increases arising from broadbanding and adjustment of minimum rates are subject to absorption into existing over award payments;
(iii) undertake that upon variation of the award to implement a new wage and classification structure, employees may undertake training for a wider range of duties and/or access to higher levels in accordance with the definitions and training standards laid down in the Award variation relating to a new classification structure;
(iv) will co-operate in the transition from the existing classification structure to the proposed new structure to ensure that the transition takes place in an orderly manner without creating false expectations or disputation.
(c) In the event that there is a claim for reclassification by an existing employee to a higher level under any new structure on the ground that the employee possesses equivalent skill and knowledge gained through on-the-job experience or on any other ground, the following principles apply -
(i) the parties agree that the existing award disputes avoidance procedure shall be followed;
(ii) agreed competency standards shall be established by the parties in conjunction with TAFE and SESDA (when operative) for all levels in any new classification structure before any claims for reclassification are processed;
(iii) an agreed authority (such as TAFE or SESDA) or agreed accreditation authority (when operative) shall test the validity of an employee's claim for reclassification;
(iv) reclassification to any higher level shall be contingent upon such additional work being available and required to be performed by the employer.
(6) The grade structure to be introduced on a trial basis without prejudice to the position of the parties to the award. The parties agree to review the operation of the grade structure at the end of the six months trial period with the aim of rectifying any problems which may have arisen with the grade structure.
This review shall include a consideration of the basis upon which award rates are to be incorporated into the award in the form of base rates and supplementary payments as required by the State Wage Principles. This consideration will take into account relevant outcomes of the "paid rates review" conducted by the Australian Industrial Relations Commission.
(7) Term
The provisions of this clause will apply for a term of 24 months from the first pay period commencing on or after 14 August 1990 during which time the parties will report back to the Commission on the following matters –
(a) The review referred to in subclause (6) of this clause.
(b) The conversion of the rates of pay contained in subclause (1) of this clause.
(c) The final form of the Definitions contained in subclause (1) of this clause.
(d) Training
(e) The progress of matters to be addressed under Clause 2B. - Award Modernisation of this award.
Dairy Factory Workers' Award 1982
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.
29. - WAGES
(1) The minimum weekly rate of wage payable to employees covered by this award shall be as expressed hereunder as a base rate, supplementary payment and arbitrated safety net adjustments: -:
Base rate
Supplementary Payment
Arbitrated Safety Net Adjustments
Minimum
Rate
(a)
Dairy Production Worker - Grade I
A new employee with less than three months of employment in the industry who performs routine duties under supervision
284.70
40.70
627.60
953.00
(b)
Dairy Production Worker - Grade II
Shall mean an employee classified as such engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties under supervision beyond the skills of a Grade I employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade II
Recrater/Decrater
314.00
44.80
615.70
974.50
Cool Room Hand
Wheeler
Yard Person
Auto Cutting, (Cheese Section)
Spotter
Hand Packer
Machine Feeder
Hand Conveyor Loader
Box Maker
Powdered Milk Bagger
Cleaner (General)
(c)
Dairy Production Worker - Grade III
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties with routine supervision, beyond the skills of a Grade II employee and who, may, be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade III
(i)
Mobile Electric Milk Crate Lifter
321.20
45.90
618.20
985.30
(ii)
Cheese Room Hand (Machine Operator)
(iii)
Mill Attendant (Casein/Cheese Manuf. Plants)
(iv)
Separator Operator
(v)
Freezer Room Hand
(vi)
Laboratory Assistant
(vii)
Bulk Bag Operator (Milk Section)
(viii)
Separator Operator (Cheese)
(ix)
Pickers
(x)
Despatch Hands
(xi)
Cleaning/Machine Operator
(xii)
Milk Receiver and Sampler
(d)
Dairy Production Worker - Grade IV
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to carry out duties beyond the skills of a Grade III employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade IV
328.60
46.90
620.40
995.90
Pasteuriser (HTST)
Separator and/or Mix Maker
Machine Operator (Cup)
Tester and Grader
Cream Grader (Single)
Cream Tester (Single)
Assist. Cheese maker
Pasteuriser Operator (Cheese)
Butter Cutter (in charge of machine)
Vacreator Operator
Tester and Grader (Casein Certificated)
Casein Maker
Continuous Evaporator (Dryer Operator)
Machine Operator (Single)
Blow Moulder Operator
Reverse Osmosis and/or Ultra
Filtration Operator
Blender/Mix Maker
Butter Maker
Despatch (Multiple Function)
Boiler Attendant
(e)
Dairy Production Worker - Grade V
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills of a Grade IV employee and who, may be required to regularly carry out a range of the specific duties listed hereunder for which they have been suitably trained
Special Duties - Grade V
Technical Assistant (Unqualified)
343.20
49.00
625.10
1017.30
Butter Maker with Certificate
Machine Operator (Multiple)
Auto Form – Fill Aspectic Machine
Blow Moulder Operator (Advanced)
Stores (Advanced)
Process Controller (UHT, Ultra Clean, Pasteuriser)
(f)
Dairy Production Worker - Grade VI
Shall mean an employee classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties, beyond the skills of a Grade V employee, and who, may be required to regularly carry out at least one of the specific duties listed hereunder for which they have been suitably trained –
Special Duties - Grade VI
(i)
Technical Assistant (Qualified)
350.40
50.10
627.70
1028.20
(ii)
Cheese Maker (Qualified - up to 2 varieties)
(iii)
Process Controller (Advanced)
Automated Batchmaking and Computerised Plant
(g)
Dairy Production Worker - Grade VII
Shall mean an employee who is classified as such who is engaged on work in connection with or incidental to the production and distribution operations of the employer and who is able to perform duties beyond the skills required of a Dairy Production Worker - Grade VI and who, may be required to regularly carry out at least one of the specific duties listed hereunder for which they have been suitably trained –
Special Duties - Grade VII
(i)
Laboratory Technician
(ii)
Cheese Maker (Advanced - more than 2 varieties)
365.20
52.00
637.90
1055.10
(h) (i) The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
(2) Junior Employees:
Junior employees shall receive the prescribed percentage of the adult rate for the class of work on which they are engaged.
%
Under 17 years of age
70
17 to 18 years of age
80
18 to 19 years of age
90
At 19 years of age
Adult Rates
(3) The ordinary rate per hour shall be calculated by dividing the appropriate weekly rate by 38.
(4) The parties agree that the above wage rates include a first stage structural efficiency increase of $15.00 per week to all employees with any amount in excess of that determined by the Western Australian Industrial Relations Commission to be appropriate being absorbed in the second structural efficiency increase. The total structural efficiency increase will be that determined by the Commission in the State Wage Case Decision of 8 September 1989 (Application No. 1940 of 1989) namely -
(a)
basic skills/trainee level
$20.00
(b)
semi skilled
$25.00
(c)
tradesperson or equivalent
$30.00
(5) Structural Efficiency
(a) Arising out of the decision of the State Wage Case on 8 September 1989 and in consideration of the wage increases resulting from the first structural efficiency adjustment in Application No. 1707 of 1989, employees are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.
(b) The parties to this Award are committed to implementing a new wage and classification structure. In making this commitment the parties -
(i) accept in principle that the descriptions of job functions within a new structure will be broadly based and generic in nature;
(ii) state that wage increases arising from broadbanding and adjustment of minimum rates are subject to absorption into existing over award payments;
(iii) undertake that upon variation of the award to implement a new wage and classification structure, employees may undertake training for a wider range of duties and/or access to higher levels in accordance with the definitions and training standards laid down in the Award variation relating to a new classification structure;
(iv) will co-operate in the transition from the existing classification structure to the proposed new structure to ensure that the transition takes place in an orderly manner without creating false expectations or disputation.
(c) In the event that there is a claim for reclassification by an existing employee to a higher level under any new structure on the ground that the employee possesses equivalent skill and knowledge gained through on-the-job experience or on any other ground, the following principles apply -
(i) the parties agree that the existing award disputes avoidance procedure shall be followed;
(ii) agreed competency standards shall be established by the parties in conjunction with TAFE and SESDA (when operative) for all levels in any new classification structure before any claims for reclassification are processed;
(iii) an agreed authority (such as TAFE or SESDA) or agreed accreditation authority (when operative) shall test the validity of an employee's claim for reclassification;
(iv) reclassification to any higher level shall be contingent upon such additional work being available and required to be performed by the employer.
(6) The grade structure to be introduced on a trial basis without prejudice to the position of the parties to the award. The parties agree to review the operation of the grade structure at the end of the six months trial period with the aim of rectifying any problems which may have arisen with the grade structure.
This review shall include a consideration of the basis upon which award rates are to be incorporated into the award in the form of base rates and supplementary payments as required by the State Wage Principles. This consideration will take into account relevant outcomes of the "paid rates review" conducted by the Australian Industrial Relations Commission.
(7) Term
The provisions of this clause will apply for a term of 24 months from the first pay period commencing on or after 14 August 1990 during which time the parties will report back to the Commission on the following matters –
(a) The review referred to in subclause (6) of this clause.
(b) The conversion of the rates of pay contained in subclause (1) of this clause.
(c) The final form of the Definitions contained in subclause (1) of this clause.
(d) Training
(e) The progress of matters to be addressed under Clause 2B. - Award Modernisation of this award.