State Wage Case Variation Schedule for LOC002
Document Type: Direction
Matter Number: A 1/2020
Matter Description: Local Government Officers’ (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name:
Delivery Date: 5 Aug 2025
Result:
Citation: 2025 WAIRC 00582
WAIG Reference:
2025 WAIRC 00582
Local Government Officers’ (Western Australia) Award 2021
5. - MINIMUM ADULT AWARD WAGE
5.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
5.2 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.
5.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
5.4 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.
5.5 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.
5.6 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.
5.7 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.
5.8 Subject to this clause the minimum adult award wage shall –
(1) Apply to all work in ordinary hours.
(2) 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.
5.9 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.
5.10 Adult Apprentices
(1) 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.
(2) 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.
(3) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
(4) 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.
(5) 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.
(6) 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.
13. - SALARIES - MINIMUM ANNUAL
13.1 The minimum annual rate of salary to be paid to Officers shall be in accordance with the rates set out in this clause.
13.2 An Officer shall have the right to request a review of his/her classification, grading or salary which he/she considers is incorrect.
13.3 Payment of salaries
13.3.1 Payment of salaries shall, at the discretion of the employer, be made at least fortnightly.
13.3.2 For the purpose of the calculation and payment of salaries, the weekly salary shall be calculated as 1/52nd of an annual salary.
13.3.3 Salaries shall be paid into a bank account or any other account, nominated and available to the employee unless such form of payment is impractical. Nothing in this clause shall prevent an employer and an employee from adopting a mutually agreed alternative method of paying salaries each pay period.
13.3.4 The employer shall reimburse an Officer for bank charges incurred as a result of his/her salary being paid into a financial institution.
13.4 Incremental progression
13.4.1 At the conclusion of each twelve month period following appointment to their classification or entry into a classification level, Officers shall be eligible for incremental progression if:
(1) The Officer has given satisfactory service over the preceding twelve months; and
(2) The Officer has acquired and is required by the employer to utilise new and/or enhanced skills within the ambit of the level definition for his/her position or other skills where agreed at the staff development/performance review, and this has been certified in writing following, and as part of, the assessment process.
(3) In cases where the review is delayed the anniversary date shall not be changed and the increase, if any, will be paid retrospectively to the anniversary date.
(4) Movement to a higher level or classification shall only occur by way of promotion or reclassification.
13.5 General minimum salary scale
The following is the general scale of minimum annual salary rates payable, listed opposite level and the scale numbers referred to elsewhere in this award.
Level
Age
Rate
Level 1
16 years and under
37195
17 years
39358
18 years
42491
19 years
45634
20 years
48752
Adult
51022
Level
Level 2
52604
53563
55128
56637
Level 3
57986
58855
59727
60596
Level 4
61991
62576
63407
64667
Level 5
66205
67095
67811
68999
Level 6
69864
71312
72401
73666
Level 7
74915
76312
77469
78294
Level 8
79775
80930
82083
83241
Level 9
85533
86861
88296
89788
13.6 Negotiated salaries
13.6.1 A Senior Officer not covered by 13.5, (including the Chief Executive Officer and other Executive Officers not traditionally covered by the General salary scale), will be entitled to negotiate his/her salary at least once every two years.
13.6.2 The salary negotiated will not be less than it would be if covered by the General minimum salary scale at the time of negotiations, nor will it be less than the following minima:
Chief Executive Officer
Executive Officer
A
$60,252
(paid as per general minimum salary scale)
B
$62,240
(paid as per general minimum salary scale)
C
$67,839
$67,839
D
$73,440
$73,440
(1) The following examples, being the guide for determining the relevant grade for Local Governments:
A
Shire of Cue
B
Shire of Collie/Town of Bassendean/Shire of Manjimup
C
Cities of Belmont/Bunbury
D
Cities of Rockingham/Bayswater/Gosnells and Larger
13.6.3 The negotiated salary will take into account the range of responsibilities inherent in the position including the size of the organisation as measured by revenue, number of employees, population, or any other relevant factors.
13.6.4 The requirement to attend Council meetings, or work in excess of the standard number of ordinary hours each week, where such Officer is excluded from the provisions of Clause 22. - Overtime of this award may be a consideration.
13.6.5 The annual leave loading specified in clause 24.1.3 may be incorporated into the salary package.
13.6.6 The additional weeks leave specified in clause 24.1.4(1) for Chief Executive Officers, Town or Shire Engineer or Environmental Health Officers may be incorporated into the salary package.
13.6.7 Any requirement to deputise for higher positions and the extent this occurs may also be a consideration.
13.6.8 At the request of the employee, his/her Union or association may participate in salary negotiations.
13.7 Where agreed in writing between the employer and an employee, an employer may introduce remuneration packaging by way of salary sacrifice (including any negotiated salary allowable) and the terms and conditions of such a package shall not, when viewed objectively, be less favourable than the entitlements otherwise available under this award. The employer shall ensure that the structure of any agreed package complies with taxation and other relevant laws. Where an employer has adopted a policy providing a salary sacrifice option to employees, it shall advise new employees to whom this policy applies of their right to seek to negotiate a remuneration package through salary sacrifice.
13.8 Workers eligible for a supported wage
13.8.1 Eligibility criteria
Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who met the impairment criteria for receipt of a disability support pension. (This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any other provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment).
13.8.2 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause the following definitions will apply:
(1) Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability.
(2) Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
(3) Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
(4) Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
13.9 Supported wage rates
13.9.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which a fit person is performing according to the following schedule:
Assessed capacity
% of prescribed award rate
10%
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%
13.9.2 Provided that the minimum amount payable shall not be less than $109 per week.
13.9.3 Where a person’s assessed capacity is 10% they shall receive a high degree of assistance and support.
13.10 Assessment of capacity
13.10.1 For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documents in an assessment instrument by either:
(1) the employer and a Union party to the award in consultation with the employee or, if desired by any of these;
(2) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
13.11 Lodgement of assessment instrument
13.11.1 All assessment instruments under the conditions of 13.8, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Commission.
13.11.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that a Union which is party to the award is able to lodge an objection to the Registrar by certified mail within ten working days.
13.12 Review of assessment
The assessment of the application percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the supported wage system.
13.13 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same paid terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.
13.14 Workplace adjustment
An employer wishing to employ a person under the provisions of 13.8 shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
13.15 Trial period
13.15.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of the clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
13.15.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
13.15.3 The minimum amount payable to the employee during the trial period shall be no less than $109 per week.
13.15.4 Work trials should include reduction or training as appropriate to the job being trialled.
13.15.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under Assessment of capacity.
Local Government Officers’ (Western Australia) Award 2021
5. - MINIMUM ADULT AWARD WAGE
5.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
5.2 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.
5.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
5.4 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.
5.5 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.
5.6 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.
5.7 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.
5.8 Subject to this clause the minimum adult award wage shall –
(1) Apply to all work in ordinary hours.
(2) 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.
5.9 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.
5.10 Adult Apprentices
(1) 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.
(2) 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.
(3) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
(4) 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.
(5) 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.
(6) 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.
13. - SALARIES - MINIMUM ANNUAL
13.1 The minimum annual rate of salary to be paid to Officers shall be in accordance with the rates set out in this clause.
13.2 An Officer shall have the right to request a review of his/her classification, grading or salary which he/she considers is incorrect.
13.3 Payment of salaries
13.3.1 Payment of salaries shall, at the discretion of the employer, be made at least fortnightly.
13.3.2 For the purpose of the calculation and payment of salaries, the weekly salary shall be calculated as 1/52nd of an annual salary.
13.3.3 Salaries shall be paid into a bank account or any other account, nominated and available to the employee unless such form of payment is impractical. Nothing in this clause shall prevent an employer and an employee from adopting a mutually agreed alternative method of paying salaries each pay period.
13.3.4 The employer shall reimburse an Officer for bank charges incurred as a result of his/her salary being paid into a financial institution.
13.4 Incremental progression
13.4.1 At the conclusion of each twelve month period following appointment to their classification or entry into a classification level, Officers shall be eligible for incremental progression if:
(1) The Officer has given satisfactory service over the preceding twelve months; and
(2) The Officer has acquired and is required by the employer to utilise new and/or enhanced skills within the ambit of the level definition for his/her position or other skills where agreed at the staff development/performance review, and this has been certified in writing following, and as part of, the assessment process.
(3) In cases where the review is delayed the anniversary date shall not be changed and the increase, if any, will be paid retrospectively to the anniversary date.
(4) Movement to a higher level or classification shall only occur by way of promotion or reclassification.
13.5 General minimum salary scale
The following is the general scale of minimum annual salary rates payable, listed opposite level and the scale numbers referred to elsewhere in this award.
Level
Age
Rate
Level 1
16 years and under
37195
17 years
39358
18 years
42491
19 years
45634
20 years
48752
Adult
51022
Level
Level 2
52604
53563
55128
56637
Level 3
57986
58855
59727
60596
Level 4
61991
62576
63407
64667
Level 5
66205
67095
67811
68999
Level 6
69864
71312
72401
73666
Level 7
74915
76312
77469
78294
Level 8
79775
80930
82083
83241
Level 9
85533
86861
88296
89788
13.6 Negotiated salaries
13.6.1 A Senior Officer not covered by 13.5, (including the Chief Executive Officer and other Executive Officers not traditionally covered by the General salary scale), will be entitled to negotiate his/her salary at least once every two years.
13.6.2 The salary negotiated will not be less than it would be if covered by the General minimum salary scale at the time of negotiations, nor will it be less than the following minima:
Chief Executive Officer
Executive Officer
A
$60,252
(paid as per general minimum salary scale)
B
$62,240
(paid as per general minimum salary scale)
C
$67,839
$67,839
D
$73,440
$73,440
(1) The following examples, being the guide for determining the relevant grade for Local Governments:
A
Shire of Cue
B
Shire of Collie/Town of Bassendean/Shire of Manjimup
C
Cities of Belmont/Bunbury
D
Cities of Rockingham/Bayswater/Gosnells and Larger
13.6.3 The negotiated salary will take into account the range of responsibilities inherent in the position including the size of the organisation as measured by revenue, number of employees, population, or any other relevant factors.
13.6.4 The requirement to attend Council meetings, or work in excess of the standard number of ordinary hours each week, where such Officer is excluded from the provisions of Clause 22. - Overtime of this award may be a consideration.
13.6.5 The annual leave loading specified in clause 24.1.3 may be incorporated into the salary package.
13.6.6 The additional weeks leave specified in clause 24.1.4(1) for Chief Executive Officers, Town or Shire Engineer or Environmental Health Officers may be incorporated into the salary package.
13.6.7 Any requirement to deputise for higher positions and the extent this occurs may also be a consideration.
13.6.8 At the request of the employee, his/her Union or association may participate in salary negotiations.
13.7 Where agreed in writing between the employer and an employee, an employer may introduce remuneration packaging by way of salary sacrifice (including any negotiated salary allowable) and the terms and conditions of such a package shall not, when viewed objectively, be less favourable than the entitlements otherwise available under this award. The employer shall ensure that the structure of any agreed package complies with taxation and other relevant laws. Where an employer has adopted a policy providing a salary sacrifice option to employees, it shall advise new employees to whom this policy applies of their right to seek to negotiate a remuneration package through salary sacrifice.
13.8 Workers eligible for a supported wage
13.8.1 Eligibility criteria
Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who met the impairment criteria for receipt of a disability support pension. (This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any other provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment).
13.8.2 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause the following definitions will apply:
(1) Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability.
(2) Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
(3) Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
(4) Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
13.9 Supported wage rates
13.9.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which a fit person is performing according to the following schedule:
Assessed capacity
% of prescribed award rate
10%
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%
13.9.2 Provided that the minimum amount payable shall not be less than $109 per week.
13.9.3 Where a person’s assessed capacity is 10% they shall receive a high degree of assistance and support.
13.10 Assessment of capacity
13.10.1 For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documents in an assessment instrument by either:
(1) the employer and a Union party to the award in consultation with the employee or, if desired by any of these;
(2) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
13.11 Lodgement of assessment instrument
13.11.1 All assessment instruments under the conditions of 13.8, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Commission.
13.11.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that a Union which is party to the award is able to lodge an objection to the Registrar by certified mail within ten working days.
13.12 Review of assessment
The assessment of the application percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the supported wage system.
13.13 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same paid terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.
13.14 Workplace adjustment
An employer wishing to employ a person under the provisions of 13.8 shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
13.15 Trial period
13.15.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of the clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
13.15.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
13.15.3 The minimum amount payable to the employee during the trial period shall be no less than $109 per week.
13.15.4 Work trials should include reduction or training as appropriate to the job being trialled.
13.15.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under Assessment of capacity.