Recent amendments to the minimum rate of pay for casual employees in Western Australia came into effect on 31 January 2025, increasing the minimum casual rate of pay from 20% to 25% of the statutory minimum rate of pay. This change was made to address the anomaly where some awards under the Industrial Relations Act 1979 (IR Act) contained casual rates of pay below the statutory minimum. In response to these changes, the applicant organisation applied for a General Order to ensure all awards provide for a casual loading of at least 25%.

The applicant identified 83 private and local government sector awards with casual employment rates below the minimum required by the Minimum Conditions of Employment Act 1983 (MCE Act). Other parties to the proceedings noted ongoing proceedings to increase casual loading from 20% to 25% in certain awards and supported extending these conditions to other local government awards, that reforming the state awards in line with the MCE Act would reduce the burden on small employers enough to offset any increase in operating costs resulting from making the General Order, and generally supported the submission of the applicant.

The applicant had standing to apply for a General Order under s 50(2) of the IR Act. The Commission was satisfied that issuing a General Order is consistent with the IR Act's objectives of fair wages and conditions, efficient work organisation, and compliance with minimum conditions. The General Order will ensure awards do not contain casual rates below the statutory minimum, align state and national systems, reduce administrative burdens, and provide greater consistency for local governments. The Commission decided on a one-month period following the publication of the General Order to optimise compliance and deter non-compliance.

The decision can be read here. 

The General Order can be read here.