Commission varies Minimum Casual Loading Rate for Specified Awards

The applicant sought a variation to the Minimum Casual Loading Rate for Specified Awards General Order, which was made in March 2025 to ensure that selected private sector and local government awards provide a minimum casual loading of 25% of the ordinary hourly rate, consistent with s 11 of the Minimum Conditions of Employment Act 1993 (WA).  The applicant sought to extend the General Order to public sector awards that set a lower casual loading, or no casual loading at all.

Notice of the proceedings were published in November 2025 and provided to relevant stakeholders, including the Chamber of Commerce and Industry of Western Australia, the Minister for Industrial Relations, and the Executive Director, Government Sector Labour Relations Division, Department of Local Government, Industry Regulation and Safety. The respondent supported the application, while making clear that its position should not be taken as indicating any outcome in bargaining for industrial agreements. The parties agreed the application could be determined on the papers. The Commission concluded the variation was desirable to promote fairness and equity, remove anomalies between awards covering similar work, reflect contemporary community standards about fair casual employment conditions, and ensure award provisions do not result in casual rates falling below statutory minimums. The Commission also held the matter was not a “public sector decision” under the Industrial Relations Act 1979 (WA).

The Commission was satisfied the General Order should be varied to extend its coverage to the identified public sector awards. The General Order operates from April 2025 for the selected private sector and local government awards to which it originally applied, and from February 2026 for the public sector awards brought into coverage by the variation, and will continue unless later rescinded. The Commission noted that most public sector employees are covered by industrial agreements, so the practical impact on amounts paid may be limited but considered the variation appropriate to secure consistency and ensure a minimum 25% casual loading applies for casual employees under the affected public sector awards. Accordingly, the general order was varied.

 

The decision can be read here.