State Wage Case Variation Schedule for MUN002
Document Type: Direction
Matter Number: A 2/2020
Matter Description: Municipal Employees (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name:
Delivery Date: 5 Aug 2025
Result:
Citation: 2025 WAIRC 00593
WAIG Reference:
2025 WAIRC 00593
Municipal Employees (Western Australia) Award 2021
6. - MINIMUM ADULT AWARD WAGE
6.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
6.2 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.
6.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
6.4 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.
6.5 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.
6.6 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.
6.7 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.
6.8 Subject to this clause the minimum adult award wage shall –
6.8.1 Apply to all work in ordinary hours.
6.8.2 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.
6.9 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.
6.10 Adult Apprentices
6.10.1 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.
6.10.2 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 $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.
6.10.3 The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
6.10.4 Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
6.10.5 The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
6.10.6 Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
16. - WAGES
16.1
Classification level
Relativity
(%)
Minimum weekly rate
($)
Level 1A (up to 38 hours)
78.5
953.00
Level 1B (above 38 hours)
82.5
1001.60
Level 2
87.5
1062.30
Level 3
92.5
1123.00
Level 4
96.0
1165.50
Level 4A
100.0
1214.10
Level 5
102.5
1244.40
Level 6
110.0
1335.50
Note: The minimum hourly rate is calculated by dividing the minimum weekly rate by 38 hours to four decimal points.
16.2 State minimum wage
16.2.1 The state minimum wage
No employee shall be paid less than the state minimum wage.
16.2.2 Amount of state adult minimum wage
(1) The state minimum wage for full-time adult employees not covered by 16.2.4 [special categories clause], is $953.00 per week.
(2) Adults employed under a supported wage clause shall continue to be entitled to receive the wage rate determined under that clause. Provided that such employees shall not be paid less than the amount determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum wage specified in 16.2.2(1).
(3) Adults employed as part-time or casual employees shall continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in 16.2.2(1) according to the number of hours worked.
16.2.3 How the state minimum wage applies to juniors
(1) The wage rates provided for juniors by this award continue to apply unless the amount determined under 16.2.3(2) is greater.
(2) The state minimum wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in 16.2.2.
16.2.4 Application of minimum wage to special categories of employee
Due to the existing applicable award wage rates being greater than the relevant proportionate federal minimum wage, this clause has no application to employees undertaking a National Training Wage Traineeship, an Australian Traineeship, a Career Start Traineeship, a Jobskills placement or an apprenticeship.
16.2.5 Application of state minimum wage to award rates calculation
(1) The state minimum wage:
(a) applies to all work in ordinary hours;
(b) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award.
16.3 Junior employees
Junior employees: (Wage per week is expressed as a percentage of the total minimum rate of pay for either level 1 or level 2).
Age
%
Under 16 years of age
55
At 16 years of age
65
At 17 years of age
75
At 18 years of age
85
At 19 years of age
Adult rate
16.4 National Training Wage
The minimum rates of pay and conditions of employment applicable to Trainees shall be in accordance with Schedule E – National Training Wage as provided in the Modern Local Government Industry Award 2010 as amended from time to time.
16.5 Apprentices
16.5.1 Apprentices: (Wage per week is expressed as a percentage of the level 4A rate).
(1)
4 year term
%
First year
42
Second year
55
Third year
75
Fourth year
88
(2)
3-1/2 year term
%
First six months
42
Next year
55
Following year
75
Final year
88
(3)
3 year term
%
First year
55
Second year
75
Third year
88
16.6 Supported Wages
This subclause 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 subclause, the following definitions will apply:
16.6.1 Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wages System: Guidelines and Assessment Process.
16.6.2 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.
16.6.3 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.
16.6.4 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.
16.6.5 Assessment of capacity 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 assessment instrument by:
(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.
16.6.6 Lodgement of assessment instrument
(1) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the 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 ten working days.
(2) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the 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 ten working days.
16.6.7 Review of assessment
The assessment of the applicable 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.
16.6.8 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 provision of this subclause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro-rata basis.
16.6.9 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 duties, working time arrangements and work organisation in consultation with other workers in the area.
16.6.10 Eligibility criteria
(1) Employees covered by this subclause 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 pension.
(2) This subclause does not apply to any existing employee who has a claim against the employer which is the subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
16.6.11 Supported wage rates
(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 the person is performing to the following schedule:
Assessed capacity
Prescribed award rate
%
%
10*
10
20
20
30
30
40
40
50
50
60
60
70
70
80
80
90
90
(2) Provided that the minimum amount payable shall not be less than $109.00 per week.
(3) *Where a person’s assessed capacity is 10%, he/she shall receive a high degree of assistance and support.
16.6.12 Trial period
(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 this subclause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
(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.
(3) The minimum amount payable to the employee during the trial period shall be no less than $109.00 per week.
(4) Work trials should include induction or training as appropriate to the job being trialled.
(5) Where the employer and the employee wish to establish a continuing employment relationship following completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 16.6.5.
Municipal Employees (Western Australia) Award 2021
6. - MINIMUM ADULT AWARD WAGE
6.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
6.2 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.
6.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
6.4 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.
6.5 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.
6.6 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.
6.7 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.
6.8 Subject to this clause the minimum adult award wage shall –
6.8.1 Apply to all work in ordinary hours.
6.8.2 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.
6.9 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.
6.10 Adult Apprentices
6.10.1 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.
6.10.2 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 $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.
6.10.3 The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
6.10.4 Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
6.10.5 The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
6.10.6 Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
16. - WAGES
16.1
Classification level
Relativity
(%)
Minimum weekly rate
($)
Level 1A (up to 38 hours)
78.5
953.00
Level 1B (above 38 hours)
82.5
1001.60
Level 2
87.5
1062.30
Level 3
92.5
1123.00
Level 4
96.0
1165.50
Level 4A
100.0
1214.10
Level 5
102.5
1244.40
Level 6
110.0
1335.50
Note: The minimum hourly rate is calculated by dividing the minimum weekly rate by 38 hours to four decimal points.
16.2 State minimum wage
16.2.1 The state minimum wage
No employee shall be paid less than the state minimum wage.
16.2.2 Amount of state adult minimum wage
(1) The state minimum wage for full-time adult employees not covered by 16.2.4 [special categories clause], is $953.00 per week.
(2) Adults employed under a supported wage clause shall continue to be entitled to receive the wage rate determined under that clause. Provided that such employees shall not be paid less than the amount determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum wage specified in 16.2.2(1).
(3) Adults employed as part-time or casual employees shall continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in 16.2.2(1) according to the number of hours worked.
16.2.3 How the state minimum wage applies to juniors
(1) The wage rates provided for juniors by this award continue to apply unless the amount determined under 16.2.3(2) is greater.
(2) The state minimum wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in 16.2.2.
16.2.4 Application of minimum wage to special categories of employee
Due to the existing applicable award wage rates being greater than the relevant proportionate federal minimum wage, this clause has no application to employees undertaking a National Training Wage Traineeship, an Australian Traineeship, a Career Start Traineeship, a Jobskills placement or an apprenticeship.
16.2.5 Application of state minimum wage to award rates calculation
(1) The state minimum wage:
(a) applies to all work in ordinary hours;
(b) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award.
16.3 Junior employees
Junior employees: (Wage per week is expressed as a percentage of the total minimum rate of pay for either level 1 or level 2).
Age
%
Under 16 years of age
55
At 16 years of age
65
At 17 years of age
75
At 18 years of age
85
At 19 years of age
Adult rate
16.4 National Training Wage
The minimum rates of pay and conditions of employment applicable to Trainees shall be in accordance with Schedule E – National Training Wage as provided in the Modern Local Government Industry Award 2010 as amended from time to time.
16.5 Apprentices
16.5.1 Apprentices: (Wage per week is expressed as a percentage of the level 4A rate).
(1)
4 year term
%
First year
42
Second year
55
Third year
75
Fourth year
88
(2)
3-1/2 year term
%
First six months
42
Next year
55
Following year
75
Final year
88
(3)
3 year term
%
First year
55
Second year
75
Third year
88
16.6 Supported Wages
This subclause 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 subclause, the following definitions will apply:
16.6.1 Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wages System: Guidelines and Assessment Process.
16.6.2 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.
16.6.3 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.
16.6.4 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.
16.6.5 Assessment of capacity 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 assessment instrument by:
(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.
16.6.6 Lodgement of assessment instrument
(1) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the 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 ten working days.
(2) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the 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 ten working days.
16.6.7 Review of assessment
The assessment of the applicable 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.
16.6.8 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 provision of this subclause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro-rata basis.
16.6.9 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 duties, working time arrangements and work organisation in consultation with other workers in the area.
16.6.10 Eligibility criteria
(1) Employees covered by this subclause 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 pension.
(2) This subclause does not apply to any existing employee who has a claim against the employer which is the subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
16.6.11 Supported wage rates
(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 the person is performing to the following schedule:
Assessed capacity
Prescribed award rate
%
%
10*
10
20
20
30
30
40
40
50
50
60
60
70
70
80
80
90
90
(2) Provided that the minimum amount payable shall not be less than $109.00 per week.
(3) *Where a person’s assessed capacity is 10%, he/she shall receive a high degree of assistance and support.
16.6.12 Trial period
(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 this subclause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
(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.
(3) The minimum amount payable to the employee during the trial period shall be no less than $109.00 per week.
(4) Work trials should include induction or training as appropriate to the job being trialled.
(5) Where the employer and the employee wish to establish a continuing employment relationship following completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 16.6.5.