2025 WAIRC 00592
Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980

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) (a) The following shall be the minimum rate of wages payable to employees under this award from the beginning of the first pay period commencing on or after 1st July 1998.


Minimum Weekly Rate of Pay
Minimum Hourly Rate of Pay

$
$
Motor Vehicle Industry Employee Level 1
359.40
9.4579



`Motor Vehicle Industry Employee Level 2
376.10
9.8974



Motor Vehicle Industry Employee Level 3
398.60
10.4895



Motor Vehicle Industry Employee Level 4
419.50
11.0395

Minimum Hourly Rate of Pay does not include additional payments that may be required pursuant to Clause 12. - Additional Payments for Ordinary Hours, nor does it include any loading applicable pursuant to subclause (4) hereof.

Provided that any increase in rates of pay flowing from implementation of the Minimum Rates Adjustment principle, may be absorbed into any existing overaward payment, insofar as that overaward payment is not being used for the purposes of absorption of Arbitrated Safety Net Adjustments.

(b) The following shall be the minimum rate of wages payable to employees under this award from the beginning of the first pay period commencing on or after 1st November 1998.


Minimum Weekly Rate of Pay
Minimum Hourly Rate of Pay

$
$
Motor Vehicle Industry Employee Level 1
373.40
9.8263



Motor Vehicle Industry Employee Level 2
383.10
10.0816



Motor Vehicle Industry Employee Level 3
405.60
10.6737



Motor Vehicle Industry Employee Level 4
426.50
11.2237

Minimum Hourly Rate of Pay does not include additional payments that may be required pursuant to Clause 12. - Additional Payments for Ordinary Hours, nor does it include any loading applicable pursuant to subclause (4) hereof.

(c) The following shall be the minimum rate of wages payable to employees under this award from the beginning of the first pay period commencing on or after 1st March 1999.


Minimum Weekly Rate of Pay
Minimum Hourly Rate of Pay

$
$
Motor Vehicle Industry Employee Level 1
373.40
9.8263



Motor Vehicle Industry Employee Level 2
390.10
10.2658



Motor Vehicle Industry Employee Level 3
412.60
10.8579



Motor Vehicle Industry Employee Level 4
433.50
11.4079

Minimum Hourly Rate of Pay does not include additional payments that may be required pursuant to Clause 12. - Additional Payments for Ordinary Hours, nor does it include any loading applicable pursuant to subclause (4) hereof.

(d) The following shall be the minimum rate of wages payable to employees under this award from the beginning of the first pay period commencing on or after 1 July 2025.


Weekly Rate of Pay
Arbitrated Safety Net Adjustments
Minimum Weekly Rate of Pay
Minimum Hourly Rate of Pay

$
$
$
$
Motor Vehicle Industry Employee Level 1
373.40
579.60
953.00
25.08





Motor Vehicle Industry Employee Level 2
390.10
562.90
953.00
25.08





Motor Vehicle Industry Employee Level 3
412.60
569.30
981.90
25.84





Motor Vehicle Industry Employee Level 4
433.50
575.40
1008.90
26.55






Minimum Hourly Rate of Pay does not include additional payments that may be required pursuant to Clause 12. - Additional Payments for Ordinary Hours, nor does it include any loading applicable pursuant to subclause (4) hereof.

(2) 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.

(3) Junior Employees:

Junior employees shall be paid the following percentage of the Level 2 wage rate, inclusive of supplementary payments and arbitrated safety net adjustments, having regard to the age of the employee.

Under 16 years of age
40%
At 16 years of age
50%
At 17 years of age
60%
At 18 years of age
70%
At 19 years of age
80%
At 20 years of age
90%

(4) Casual Employees:

A casual employee shall be paid 20% in addition to the rates of pay prescribed in subclause (1) of this clause.

(5) Leading Hands:

An employee appointed by the employer as a leading hand shall be paid the following amount, in addition to the ordinary rate of pay, for all purposes of the award:



Rate Per Week


$
(a)
If placed in charge of not less that three and not more than ten other employees
22.50
(b)
If placed in charge of more than ten and not more than 20 other employees
34.60
(c)
If placed in charge of more than twenty other employees
44.80



29. – TRAINEESHIPS

(1) Scope

This clause shall apply to persons:

(a) who are undertaking a traineeship (as defined); and

(b) who are employed by an employer bound by this award.

(2) Objective

(a) The objective of this clause is to establish a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed.

(b) Existing employees shall not be displaced from employment by trainees.

(3) Definitions

"Approved Training" means training undertaken in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a traineeship scheme approved by the relevant state training authority or NETTFORCE. The training will be accredited and lead to qualifications as set out in subclause 5(e) of this clause.

"Relevant Award" means the Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection) Industry Award No. 19 of 1980.

"Trainee" means an employee who is bound by a traineeship agreement made in accordance with this clause.

"Traineeship" means a system of training which has been approved by the appropriate state training authority, or which has been approved on an interim basis by the National Employment and Training Taskforce (NETTFORCE), until final approval is granted by the relevant state training authority.

"Traineeship Agreement" means an agreement made subject to the terms of this award between an employer and the trainee for a traineeship and which is registered with the appropriate state training authority, NETTFORCE, or under the provisions of the appropriate state legislation. A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met.

"Traineeship Scheme" means an approved traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise. A traineeship scheme shall not be given approval unless consultation and negotiation with the union upon the terms of the proposed traineeship scheme and the traineeship have occurred. An application for approval of a traineeship scheme shall identify the union and demonstrate to the satisfaction of the approving authority that the abovementioned consultation and negotiation have occurred.

"Parties to a Traineeship Scheme" means the employer organisation and/or the employer and the union involved in the consultation and negotiation required for the approval of a traineeship scheme.
References in this award to "the relevant state training authority or NETTFORCE" shall be taken to be a reference to NETTFORCE in respect of a traineeship that is the subject of an interim approval but not a final approval by the relevant state training authority. NETTFORCE powers and functions stipulated in this award may be circumscribed and/or delegated by the terms of an agreement between NETTFORCE and a relevant state training authority. Reference to NETTFORCE within this clause will have no effect during the currency of the WA State Training Authority/NETTFORCE Memorandum of Agreement.

"Appropriate State Legislation" means the State Employment and Skills Development Authority Act 1990.

(5) Training Conditions

(a) The trainee shall attend an approved training course or training programme prescribed in the traineeship agreement or as notified to the trainee by the appropriate state training authority in accredited and relevant traineeship schemes or NETTFORCE if the traineeship scheme remains subject to interim approval.

(b) A traineeship shall not commence until the relevant traineeship agreement, made in accordance with a traineeship scheme, has been signed by the employer and the trainee and lodged for registration with the relevant state training authority or NETTFORCE, provided that if the traineeship agreement is not in a standard format a traineeship shall not commence until the traineeship agreement has been registered with the relevant state training authority or NETTFORCE. The employer shall ensure that the trainee is permitted to attend the training course or programme provided for in the traineeship agreement and shall ensure that the trainee receives the appropriate on-the-job training.

(c) Training shall be directed at:

(i) the achievement of key competencies required for successful participation in the workplace; and/or

(ii) the achievement of competencies required for successful participation in an industry or enterprise.

(6) Employment Conditions

(a) A trainee shall be engaged as a full-time employee for a maximum of one years’ duration provided that a trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the relevant state training authority or NETTFORCE the parties to a traineeship agreement may vary the duration of the traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant traineeship scheme.

(b) (i) An employer shall not terminate the employment of a trainee without firstly having provided written notice of termination to the trainee concerned in accordance with the traineeship agreement and to the relevant state training authority or NETTFORCE. The written notice to be provided to the relevant state training authority or NETTFORCE shall be provided within five working days of termination.

(ii) An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the relevant state training authority or NETTFORCE of its decision.

(c) The trainee is permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the traineeship agreement.

(d) Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service the purposes of any relevant award or any other legislative entitlements.

(e) (i) The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training programme is successfully completed.

(ii) No trainee shall work overtime on their own unless consistent with the provisions of this award.

(iii) No trainee shall work shift work unless the parties to a traineeship scheme agree that such shift work makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shift work trainees.

(iv) The trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the relevant award, unless otherwise agreed by the parties to a traineeship scheme, or unless the relevant award makes specific provision for a trainee to be paid at a higher rate, in which case the higher rate shall apply.

(f) All other terms and conditions of the relevant award that are applicable to the trainee, or would be applicable to the trainee but for this clause, shall apply unless specifically varied by this clause.

(g) A trainee who fails to either complete the traineeship, or who cannot for any reason be placed in full-time employment with the employer on successful completion of the traineeship, shall not be entitled to any severance payments payable pursuant to termination, change and redundancy provisions or provisions similar thereto.

(7) Wages

(a) (i) The minimum rates of wages payable weekly to trainees are as provided in subparagraph (iv) of this subclause.

(ii) These wage rates will only apply to trainees while they are undertaking an approved traineeship which includes approved training as defined in this clause.

(iii) The wage rates prescribed by this clause do not apply to completed trade level training which is covered by the apprenticeship system.

(iv) Skill Level B:

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level B.

HIGHEST YEAR OF SCHOOL COMPLETED

HIGHEST YEAR OF SCHOOLING COMPLETED
School Leaver
Year 10 and below
Year 11
Year 12

$
$
$

286.00 (50%)*
336.00 (33%)
350.00 (33%)
400.00 (25%)
467.00
plus 1 year out of school
400.00
467.00
546.00
plus 2 years
467.00
546.00
626.00
plus 3 years
546.00
626.00
716.00
plus 4 years
626.00
716.00
 
plus 5 years
716.00
 
 

Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.

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.

(b) The skill level of approved traineeships in the retail and wholesale industries has been agreed to be skill Level B.

(c) For the purposes of this provision "out of school" shall refer only to periods out of school beyond year 10 or below, and shall be deemed to:

(i) include any period of schooling beyond year 10 or below which was not part of nor contributed to a completed year of schooling;

(ii) include any period during which a trainee repeats in whole or part a year of schooling beyond year 10 or below; and

(iii) not include any period during a calendar year in which a year of schooling is completed.

(iv) have effect on an anniversary date being January 1 in each year.

(d) At the conclusion of the traineeship this clause ceases to apply to the employment of the trainee and the award shall apply to the former trainee.



30. - SUPPORTED WAGES

(1) This clause sets out the provisions to apply to employees who because of the effects of a disability are eligible to be employed under the Supported Wage System.

(2) Definitions

In the context of this clause, the following definitions shall apply:

(a) “Supported Wage System” means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in " Supported Wage System: Guidelines and Assessment Process ".

(b) “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.

(c) “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.

(d) “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.

(3) Eligibility Criteria

(a) 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 meet the impairment criteria for receipt of a Disability Support Pension.

(b) The 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 provision of this clause relating to the rehabilitation of employees who are injured in the course of their current employment.

(c) (i) This clause does not apply to employers in respect of their facility, program, undertaking service or the like which receives funding under the Disability Services Act 1986, and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or eligible for a Disability Support Pension.

(ii) Provided that this exclusion shall not prevent services funded under Sections 10 or 12A of the Act referred to in subparagraph (i) hereof, engaging persons who meet the eligibility criteria under the Supported Wages System, on work covered by this award, where both parties wish to access the system provided all other criteria are met.

(4) Supported Wage Rates

(a) 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 the 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%

(b) Provided that the amount payable shall not be less than $109 per week (the ordinary income free area for the Disability Support Pension as at 1 July 1994).

(5) Assessment of Capacity

(a) 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 documented in an assessment instrument by either:

(i) The employer and the union, in consultation with the employee, or, if desired, by any of these; or

(ii) The employer and an accredited assessor from a panel agreed to by the parties to the award and the employee.

(6) Lodgement of Assessment Instrument

(a) All assessment instruments under the conditions of this clause including the appropriate percentage of the award rate to be paid to the employee, shall be lodged by the employer with the Registrar of the Western Australian Industrial Relations Commission.

(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union party to this award is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

(7) Review of Assessment

The assessment of the applicable percentage to be applied in respect of the rate of pay 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 procedure for assessing capacity under the Supported Wage System.

(8) Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the minimum wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other employees covered by this award, but be paid at the rate of wage as determined in accordance with this clause.

(9) Workplace Adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve redesign of job duties, working time arrangement and work organisation in consultation with other employees in the area.

(10) Trial Period

(a) In order for adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time, not exceeding four weeks, may be utilised.

(b) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

(c) The minimum amount payable to the employee during the trial period shall be not less than the figure defined in subclause (4)(b) of this clause.

(d) Work trials should include induction or training as appropriate to the job being trialed.

(e) 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 subclause (5) of this clause.

(11) The conditions of employment to apply during the trial period or in a continuing employment relationship shall be documented, a copy of which shall be provided by the employer to the person employed in accordance with this clause.