2009 WAIRC 00402
2009 STATE WAGE ORDER PURSUANT TO SECTION 50A OF THE ACT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ON THE COMMISSION'S OWN MOTION

CORAM CHIEF COMMISSIONER A R BEECH
SENIOR COMMISSIONER J H SMITH
COMMISSIONER P E SCOTT
COMMISSIONER S J KENNER
COMMISSIONER S M MAYMAN
DATE TUESDAY, 23 JUNE 2009
FILE NO. APPL 1 OF 2009
CITATION NO. 2009 WAIRC 00402

Result 2009 State Wage order issued


General Order
THE COMMISSION IN COURT SESSION in accordance with section 50A(1) of the Industrial Relations Act 1979 hereby makes the following General Order to be known as the 2009 State Wage order and thereby orders as follows:

1. THAT the 2009 State Wage order takes effect on 1 July 2009.

2. THAT the General Order which issued in matter No. APPL 115 of 2007 ((2008) 88 WAIG 782) is rescinded with effect on and from the commencement of the first pay period on or after 1 July 2009.

3. THAT the Minimum Weekly Rate of Pay applicable under section 12 of the Minimum Conditions of Employment Act 1993 to an employee who has reached 21 years of age and who is not an apprentice shall be:

(a) $557.40 per week on and from the commencement of the first pay period on or after 1 July 2009;

(b) $569.70 per week on and from the commencement of the first pay period on or after 1 October 2009.

Apprentices

4. THAT the Minimum Weekly Rate of Pay applicable under section 14 of the Minimum Conditions of Employment Act 1993 to an apprentice whose training contract specifies they are undertaking an apprenticeship (“apprentice”) shall be:

(a) in relation to that class of apprentice to whom an award or a relevant award applies where an employer-employee agreement is in force, the minimum weekly rate of pay shall be the rate of pay that applies to that class of apprentice under the award where the award applies or the relevant award where an employer-employee agreement is in force.

(b) In relation to that class of apprentice to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is subsequently entered into, the minimum weekly rate of pay shall be the rate of pay determined by reference to apprentices’ rates of pay in the Metal Trades (General) Award which operate on and from the commencement of the pay periods below:


Total Rate per Week

1 July 2009
1 Oct 2009
Four Year Term


First year
$273.50
$278.67
Second year
$358.16
$364.93
Three year
$488.40
$497.63
Fourth year
$573.06
$583.88



Three and a Half Year Term


First six months
$273.50
$278.67
Next year
$358.16
$364.93
Next year
$488.40
$497.63
Final year
$573.06
$583.88



Three Year Term


First year
$358.16
$364.93
Second year
$488.40
$497.63
Third year
$573.06
$583.88

5. THAT the Minimum Weekly Rate of Pay applicable under section 14 of the Minimum Conditions of Employment Act 1993 to an apprentice who has reached 21 years of age shall be:

(a) $488.40 per week on and from the commencement of the first pay period on or after 1 July 2009;

(b) $497.60 per week on and from the commencement of the first pay period on or after 1 October 2009.

Trainees

6. THAT the Minimum Weekly Rate of Pay applicable under section 14 of the Minimum Conditions of Employment Act 1993 to an apprentice whose training contract specifies they are undertaking a traineeship (“trainee”) shall be:

(a) in relation to that class of trainee to whom an award applies or a relevant award applies where an employer-employee agreement is in force, the minimum weekly rate of pay shall be the rate of pay that applies to that class of trainee under the award where an award applies or the relevant award where an employer-employee agreement is in force.

(b) In relation to that class of trainee to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is subsequently entered into, the minimum weekly rate of pay at the relevant Industry/Skill level as determined by reference to Attachment A hereunder, shall be the rate of pay based on the Metal Trades (General) Award contained in Table 1 and Table 2 as follows:

Table 1
The following rates of pay apply on and from the commencement of the first pay period on or after 1 July 2009.

Industry/Skill Level A
School Leaver
Year 10
$
Year 11
$
Year 12
$

191.00
228.00
281.00




Plus 1 year out of school
228.00
281.00
325.00
Plus 2 years
281.00
325.00
379.00
Plus 3 years
325.00
379.00
434.00
Plus 4 years
379.00
434.00

Plus 5 years or more
434.00



Industry/Skill Level B
School Leaver
Year 10
$
Year 11
$
Year 12
$

191.00
228.00
272.00




Plus 1 year out of school
228.00
272.00
310.00
Plus 2 years
272.00
310.00
364.00
Plus 3 years
310.00
364.00
416.00
Plus 4 years
364.00
416.00

Plus 5 years or more
416.00



Industry/Skill Level C
School Leaver
Year 10
$
Year 11
$
Year 12
$

191.00
228.00
262.00




Plus 1 year out of school
228.00
262.00
294.00
Plus 2 years
262.00
294.00
331.00
Plus 3 years
294.00
331.00
371.00
Plus 4 years
331.00
371.00

Plus 5 years or more
371.00





Table 2
The following rates of pay apply on and from the commencement of the first pay period on or after 1 October 2009.

Industry/Skill Level A
School Leaver
Year 10
$
Year 11
$
Year 12
$

195.00
233.00
287.00




Plus 1 year out of school
233.00
287.00
332.00
Plus 2 years
287.00
332.00
388.00
Plus 3 years
332.00
388.00
444.00
Plus 4 years
388.00
444.00

Plus 5 years or more
444.00



Industry/Skill Level B
School Leaver
Year 10
$
Year 11
$
Year 12
$

195.00
233.00
278.00




Plus 1 year out of school
233.00
278.00
317.00
Plus 2 years
278.00
317.00
373.00
Plus 3 years
317.00
373.00
426.00
Plus 4 years
373.00
426.00

Plus 5 years or more
426.00



Industry/Skill Level C
School Leaver
Year 10
$
Year 11
$
Year 12
$

195.00
233.00
269.00




Plus 1 year out of school
233.00
269.00
302.00
Plus 2 years
269.00
302.00
340.00
Plus 3 years
302.00
340.00
381.00
Plus 4 years
340.00
381.00

Plus 5 years or more
381.00





(c) For any class of trainees under this subclause undertaking a traineeship that is not provided for in Attachment A, the minimum weekly rate of pay shall be the rate of pay in Industry/Skill Level C.

Australian Qualification Framework (AQF)

(d) For a trainee in this class undertaking a AQF4 traineeship the minimum weekly rate of pay shall be the weekly wage rate for an AQF3 trainee at Industry/Skill Levels A, B or C as applicable with the addition of 3.8 per cent of that wage rate.

Part-time and School Based Trainees

(e) This provision shall apply to trainees who undertake a traineeship on a parttime basis, or as a School Based trainee, by working less than full-time hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.

(i) School Based trainees will receive the relevant wage rate at Skill/Industry Levels A, B and C as applicable, as for School Leavers.

(ii) The minimum weekly rate of pay for part-time and School Based trainees shall be calculated by taking full-time rates expressed above multiplied by 1.25. This minimum weekly rate of pay for part-time School Based trainees is then divided by 38 in accordance with section 10 of the Minimum Conditions of Employment Act 1993 to produce a minimum hourly rate of pay.

(f) In relation to that class of trainee to whom an award applies or a relevant award applies where an employer-employee agreement is in force and who has reached 21 years of age, the minimum weekly rate of pay is the rate of pay that applies to that class of trainee determined by reference to the highest weekly wage rate for the skill level relevant to the traineeship under the award or under the relevant award where an employer-employee agreement is in force.

(g) In relation to that class of trainee to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is entered into and who has reached 21 years of age, the minimum weekly rate of pay shall be that determined by reference to the highest weekly wage rate for the skill level relevant to the traineeship set out below:

(i) On and from the commencement of the first pay period on or after 1 July 2009 -
Industry/Skill Level A
$434.00 per week
Industry/Skill Level B
$416.00 per week
Industry/Skill Level C
$371.00 per week

(ii) On and from the commencement of the first pay period on or after 1 October 2009 -
Industry/Skill Level A
$444.00 per week
Industry/Skill Level B
$426.00 per week
Industry/Skill Level C
$381.00 per week

7. (a) The rates of pay applicable to trainees under the following awards are to be adjusted in accordance with the formula outlined in sub-clause (b).
(i) AWU National Training Wage (Agriculture) Award 1994;
(ii) Food Industry (Food Manufacturing or Processing) Award;
(iii) Furniture Trades Industry Award;
(iv) Licensed Establishment (Retail and Wholesale) Award 1979;
(v) Metal Trades (General) Award;
(vi) Motor Vehicles (Service Station, Sales Establishments, Rust Prevention and Paint Protection) Industry Award No. 29 of 1980;
(vii) Printing Award;
(viii) Sheet Metal Workers’ Award No. 10 of 1973;
(ix) The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977;
(x) Soft Furnishings Award; and
(xi) Vehicle Builders' Award 1971.

(b) Trainee rates are adjusted as follows:

(i) Industry/Skill Level A, B and C top rates are increased by 80% of the arbitrated safety net adjustment. Each result is then rounded to the nearest dollar.

(ii) All other Industry/Skill Level A, B and C rates are increased by a percentage of the unrounded result of the first step. Each result is then rounded to the nearest dollar.

(iii) However, if an existing rate in Industry/Skill Level B or C is the same as an existing rate in Industry/Skill Level A or B, the former is adjusted in line with the latter rate in order to maintain consistency.

Award Rates of Pay

8. THAT weekly rates of pay for adults in each award of the Commission, other than those set out in Schedule 1, be increased by $12.30 per week on and from the commencement of the first pay period on or after 1 October 2009 and that this increase shall be subject to absorption in the same terms as previous State Wage decisions.

9. THAT any increase to wages resulting from this State Wage order on and from the commencement of the first pay period on or after 1 October 2009, unless provided for elsewhere, shall be calculated on the basis that:

(a) Where the award prescribes an adult fortnightly rate of pay, the fortnightly rate of pay is increased by $24.60 per fortnight.

(b) Where the award prescribes an adult annual rate of pay, the annual rate of pay is increased by $642.00 per annum.

(c) Where the award prescribes an adult hourly rate of pay, the hourly rate of pay is increased by the amount of $12.30 per week divided by the number of ordinary hours of work prescribed by the relevant award for a full-time employee. Where applicable, casual loadings are to be calculated based on the hourly rate.

10. THAT where an award rate other than an adult rate is determined by reference to a percentage of the adult rate or some other formula those award rates shall be varied on the basis of that percentage or formula to take into account the application of this State Wage order increase of $12.30 per week to the adult award wage on and from the commencement of the first pay period on or after 1 October 2009.

11. THAT increases under previous State Wage Case decisions prior to 1 October 2009, except those resulting from enterprise agreements, are not to be used to offset this State Wage order increase of $12.30 per week.

12. THAT on and from 1 October 2009 all awards which contain a Minimum Adult Award Wage Clause or provision be varied by:

(a) deleting the amount of "$557.40" wherever it appears and inserting in lieu the amount of "$569.70".

(b) Deleting the words "$488.40 per week on and from the commencement of the first pay period on or after 1 July 2008" in the Adult Apprentices section and inserting in lieu the words "$497.60 per week on and from the commencement of the first pay period on or after 1 October 2009"

(c) Deleting the date "1 July 2008" wherever it appears and inserting in lieu the date "1 October 2009".

(d) Deleting the words "2008 State Wage order decision" wherever they appear and inserting in lieu the words "2009 State Wage order decision".

(e) Deleting the words:
"The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements 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."

and inserting in lieu the words:
"The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements 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."

Statement of Principles

13. THAT the Statement of Principles – July 2008 under the General Order in matter No. APPL 115 of 2007 be replaced by the Statement of Principles – July 2009 in Schedule 2.

Publication

14. THAT the Registrar publish in the Western Australian Industrial Gazette and on the Commission's website the clauses of the awards varied by Clauses 8-10 of this State Wage order incorporating the amendments made.






COMMISSION IN COURT SESSION
ATTACHMENT A

INDUSTRY / SKILL LEVEL A
TRAINEESHIP TITLE
CERTIFICATE LEVEL
Administration/Business Services
Business
II & III & IV
Business Administration
III & IV
Business Equipment Servicing
II
Human Resources
IV
Legal Administration
III & IV
Local Government
II & III
Local Government Administration
IV
Marketing
IV
Medical Administration
III
Recordkeeping
III & IV
Beauty
Beauty Services
III
Beauty Therapy
IV
Civil Construction
Bituminous Surfacing
II & III
Bridge Construction and Maintenance
III
Civil and Structural Engineering Draftsperson
Diploma
Civil Construction Designer
Diploma
Civil Construction for Entry Level Indigenous Workers
I
Civil Construction Manager
Diploma
Civil Construction Senior Designer
Advanced Diploma
Civil Construction Senior Manager
Advanced Diploma
Civil Construction Supervisor
IV
Foundation Work
III
Pipelaying
III
Plant Operations
III
Railway Construction and Maintenance
III
Road Construction and Maintenance
III
Trenchless Technology
III
Tunnel Construction
III
Community Services and Health
Aboriginal and Islander Education Worker
III & IV
Aboriginal Child Care Work
III
Aboriginal Environmental Health
II & III
Aged Care Worker
III & IV
Allied Health Assistance
III & IV
Before and After School Care Supervisor
Diploma
Bi-Lingual/Bi-Cultural Community Services Work
II & III
Career Development Officer
III & IV
Child Care Worker
Diploma
Children’s Services
III
Client/Patient Support Services
III
Community Care Work
III
Community Services Contact Work
II
Community Services Support Work
II
Community Services Work
II & III & IV
Dental Assisting
III & IV
Disability Work
III & IV
Enrolled Nursing - Aboriginal
Diploma
Health Service Assistance
III
Health Support Services
II & III
Optical Dispensing
IV
Out of School Hours Care Work
IV
Protective Care Worker
IV
Social Housing Work
III & IV
Sterilisation Services
III
Youth Work
III & IV
Correctional Services
Correctional Practice
III & IV
Correctional Practice (Custodial)
III & IV
Financial Services
Financial Services
III & IV
Financial Services (Accounting)
IV
Financial Services (Accounts Clerical)
III
Financial Services (Financial Practice Support)
IV
Floristry
Floristry
III & IV
Food Processing
Food Processing
III
Food Processing (Sales)
II & III
Food Processing (Wine)
III
Pharmaceutical Manufacturing
III
Furnishing
Soft Furnishing
III
Gas Industry
Gas Industry Advanced Technician
Advanced Diploma
Gas Industry Operations
II, III & IV
Gas Industry Technician
Diploma
Gas Operations
III & IV
General Construction
Building Maintenance
II
Concreting
III
Dogging
III
Estimating (Housing)
IV
General Construction
II
General Construction (Demolition)
III
Marble and Granite Edge Mason
II
Metal Roofing (Housing)
II
Rigging
III
Scaffolding
III
Site Management
IV
Steel fixing
III
Hospitality
Croupier
II & III
Hospitality – Accommodation Services
III
Hospitality – Food and Beverage
III
Hospitality – Operations
III
Hospitality – Supervision
IV
Information Technology
Industrial Technology (Websites)
IV
Information Technology
II & III
Information Technology (Multimedia)
IV
Information Technology (Networking)
IV
Information Technology (Support)
IV
Information Technology (Systems Analysis and Design)
IV
Information Technology (Websites)
IV
Laboratory Operations
Laboratory Skills
III
Laboratory Technician
Diploma
Laboratory Techniques
IV
Senior Laboratory Technician
Advanced Diploma
Metal and Engineering
Draftsperson
V
Engineering – Higher Engineering Trade
IV
Engineering Technician
III
Production Systems (Foundry)
III
Production Systems (General Engineering)
III
Production Systems (Surface Finishing)
III
Museum and Library/Information Services
Library and Information Services
II & III & IV
Museum Practice
II & III
Plastics, Rubber and Cablemaking/Process Manufacturing
Manufacturing Equipment Operation
III
Manufacturing Team Leader
IV
Plastics
III
Plastics – Blow Moulding
III
Plastics – Extrusion
III
Plastics – Fabrication
III
Plastics – Film
III
Plastics – Injection Moulding
III
Plastics – Polystyrene
III
Plastics – Rotational Moulding
III
Plastics – Thermoforming
III
Polymer Technology
IV
Process Manufactured Mineral Products
III & IV
Process Manufacturing
III
Process Manufacturing (Rubber - Injection Moulding)
III
Process Plant Advanced Technician
Diploma
Process Plant Operations
III
Process Plant Operations (Maintenance Engineering)
III
Process Plant Technology
IV
Process Support
III
Rubber
III
Rubber – Belt Splicing
III
Rubber – Rubber Lining
III
Property Services
Property Management
IV
Spatial Services Technician
Diploma
Surveyor
Diploma
Public Services/Public Safety
Firefighting Operations
III
Government
II & III & IV
Government – Fraud Controller
IV
Government – Investigator
IV
Policing
Diploma
Union Recruitment and Organising
IV
Retail
Community Pharmacy
III
Retail
III
Telecommunications
Customer Contact
III & IV
Data and Voice Communications
II & III
Telecommunications
II & III
Telecommunications (Access Network)
II
Telecommunications (Cabling)
II
Telecommunications (Cabling and Customer Premises Equipment)
III
Telecommunications Engineering
IV
Textile Clothing and Footwear
Clothing Production
III & IV
Dry Cleaning Operations
III
Early Stage Wool Processing
III
Footwear Repair
III
Laundry Operations
III
Leather Production
III
Textile Fabrication
III
Textile Production
III
Tourism
International Retail Travel Sales
III
Tourism (Attractions and Theme Parks)
II
Tourism (Guiding)
II & III & IV
Tourism (Sales/Office Operations)
II
Tourism (Visitor Information Services)
III
Transport and Distribution
Aviation Ground Operations and Service
III
Cash in Transit
III
Integrated Rating
III
Logistics Operations
III
Rail Infrastructure
III
Road Transport
III & IV
Stevedoring
III
Transport and Distribution (Aviation Flight Operations)
III
Transport and Distribution (Marine Engine Driving)
III
Transport and Distribution (Maritime Operations)
III
Transport and Distribution (Maritime Operations – Coxswain)
II
Transport and Distribution (Mobile Cranes)
III
Transport and Distribution (Rail Operations)
III & IV
Warehousing and Storage
III & IV
Water Industry
Water Operations
III & IV
Wholesale Training Package
Wholesale
III

INDUSTRY / SKILL LEVEL B
TRAINEESHIP TITLE
CERTIFICATE LEVEL
Aeroskills Industry
Aeroskills (Aircraft Mechanical)
II
Aeroskills Engineer – Avionics
Diploma
Aeroskills Engineer – Mechanical
Diploma
Animal Care and Management
Animal Control and Regulation
IV
Animal Studies
II
Animal Technology
III
Captive Animals
III
Companion Animal Services
III & IV
Veterinary Nursing
IV
Asset Maintenance
Asset Maintenance (Cleaning Operations)
II & III
Asset Maintenance (Fire Protection Equipment)
II & III
Asset Maintenance (Waste Management)
II & III
Fire Alarms Servicing
II
Pest Management Technician
III
Asset Security
Hazardous Areas
IV
Security Assembly and Setup
II
Technical Security
II & III
Automotive Industry/Retail Service and Repair
Automotive (Administration)
II & III
Automotive (Administration – Rental Vehicles)
III
Automotive (Aftermarket Warehousing Distribution Operations)
II & III
Automotive (Mechanical)
II
Automotive (Sales)
II & III
Automotive (Vehicle Body)
II
Automotive Electrical Technology
II
Automotive Retail Service and Repair (Tyre Fitting)
III
Bicycles
II
Marine
II
Mechanical Driveline
II
Mechanical Engine Overhaul
II
Mechanical Hydraulics
II
Mechanical Machine Assembly
II
Mechanical Transmissions
II
Outdoor Power Equipment
II
Recreational Vehicle Production Assistant
II
Recreational Vehicle Production Team Leader
III
Vehicle Servicing
II
Beauty
Make-Up Services
II
Nail Technology
II
Retail Cosmetic Services
II
Caravan Industry
Caravan Park Operations
II & III
Civil Construction
Civil Construction
II & III
Electricity Supply Industry Generation Sector
ESI Distribution (Powerline)
III
ESI Generation (Electrical/Electronic)
IV
ESI Generation (Fabrication)
III
ESI Generation (Mechanical)
III & IV
ESI Generation (Operations)
III & IV
ESI Generation (Operations Manager)
Diploma
ESI Generation (Systems Operations)
IV
ESI – Power Systems Manager
Diploma & Advanced Diploma
Lineworker (Transmission)
III
Remote Area Essential Service
II
Electrotechnology
Appliance Servicing – Refrigerants
II
Computer Assembly and Repair
II
Computer Systems
IV
Computer Systems Engineer
Diploma & Advanced Diploma
Electrical/Electronic Service Technician
Diploma
Electrical Engineer
Diploma & Advanced Diploma
Electronic Assembly
II
Electronics
II
Electronics and Communications Engineering
Diploma & Advanced Diploma
Electrotechnology Systems Electrician
IV
Refrigeration and Air Conditioning Systems
IV
Entertainment/Film TV Radio and Multimedia
Antennae Equipment
II
Broadcasting (Radio)
III & IV
Broadcasting (Remote Area Operations)
III
Broadcasting (Television)
III & IV
Costume for Performance
IV
Entertainment (Front of House)
II
Live Production Theatre and Events
II
Live Production Theatre and Events (Technical Operations) Audio
III & IV
Live Production Theatre and Events (Technical Operations) Lighting
III & IV
Live Production Theatre and Events (Technical Operations) Vision Systems
III & IV
Multimedia
II & III & IV
Screen
II & III & IV
Venues and Events (Customer Service)
III
Video and Audio Systems
IV
Extractive Industries/Metalliferous
Driller
III
Drillers Assistant
II
Drilling (Mining Exploration)
II, III & IV
Engineering Assistant
Advanced Diploma
Extractive Industries Manager
Diploma
Extractive Industries Operator
II & III
Extractive Industries Senior Manager
Advanced Diploma
Field/Exploration Operations
II
Metalliferous Mining Operations (Open Cut)
II & III & IV
Metalliferous Mining Operations (Processing)
II & III & IV
Metalliferous Mining Operations (Underground)
II & III & IV
Metallurgical Technician
Diploma
Metallurgical Technician (Advanced)
Advanced Diploma
Mine Process Supervisor
Diploma
Mining for Entry Level Indigenous Workers
II
Open Cut and Underground Mine Engineering
Diploma
Surveying (Mining and Engineering)
IV
Floristry
Floristry
II
Food Processing Industry
Food Processing
II
Food Processing (Wine)
II
Forest and Forest Products Industry
Forester (Operations)
IV
Forest Growing and Management
II & III
Harvesting and Haulage
II & III
Production Technician (Timber)
IV
Sawmilling and Processing
II & III
Timber Manufactured Products
II & III
Timber Merchandising
II & III
Wool Panel Products
II & III
Furnishing
Furnishing (Flooring)
II
Furnishing (Polishing)
II
Furnishing (Upholstery)
II
Furniture Making
II
Glass and Glazing
II
Soft Furnishing
II
Gas Industry
Gas Operations
II
Hospitality Industry
Hospitality – (Asian Cookery)
II
Hospitality – (Catering Operations)
II
Hospitality – (Commercial Cookery)
II
Hospitality – (Operations)
II
Hospitality – (Patisserie)
II
Laboratory Operations
Sampling and Measurement
II
Meat
Meat Processing (Abattoirs)
II
Meat Processing (Boning)
III
Meat Processing (Food Services)
II & III
Meat Processing (General)
III
Meat Processing (Leadership)
IV
Meat Processing (Quality Assurance)
IV
Meat Processing (Rendering)
III
Meat Processing (Slaughtering)
III
Meat Processing (Smallgoods) General
II & III
Meat Processing (Smallgoods) Manufacture
II & III
Metal and Engineering
Aluminium Windows and Frames Manufacturing
II
Engineering – Production
II
Winding and Assembly
II
Outdoor Recreation/Community Recreation
Community Recreation
II & III
Outdoor Recreation
III & IV
Plastics, Rubber and Cablemaking/Process Manufacturing
Plastics
II
Plastics – Blow Moulding
II
Plastics – Composites
II
Plastics – Extrusion
II
Plastics – Fabrication
II
Plastics – Film
II
Plastics – Injection Moulding
II
Plastics – Polystyrene
II
Plastics – Rotational Moulding
II
Plastics – Thermoforming
II
Process Manufactured Mineral Products
II
Process Manufacturing
II
Process Manufacturing (Cablemaking)
II
Process Manufacturing (Rubber – Injection Moulding)
II
Process Plant Operations
II
Process Support
II
Rubber
II
Rubber – Belt Splicing
II
Rubber – Rubber Lining
II
Plumbing and Services
Drainage
II
Printing and Graphic Arts
Desktop Publishing
II
Graphic Arts Services
II
Printing and Graphic Arts (Multimedia)
III
Printing and Graphic Arts (Printing)
IV
Print Production Support
II
Screen Printing
II
Small Offset Printing
II
Retail
Community Pharmacy
II
Retail
II
Salon Assistant
II
Sport Industry
Fitness
III & IV
Sport (Career Orientated Participation)
II &III
Sport and Recreation
II & III & IV
Textile, Clothing and Footwear
Dry Cleaning Operations
II
Footwear Repair
II
Laundry Operations
II
Textile Production (Complex or Multiple Processes)
II
Transport and Distribution
Aviation Ground Operations and Service
II
Logistics
II
Rail Infrastructure
II
Rail Operations
II
Road Transport
II
Stevedoring
II
Transport and Distribution (Aviation Flight Operations)
II
Transport and Distribution (Marine Engine Driving
II
Transport and Distribution (Maritime Operations)
II
Warehousing and Storage
II
Water Industry
Water Operations
II
Wholesale
Wholesale
II
Other
Aluminium Windows and Frames
II
Conservation and Land Management
II & III & IV
Glass Processor
II
Paving
II
Picture Framing
III

INDUSTRY / SKILL LEVEL C
TRAINEESHIP TITLE
CERTIFICATE LEVEL
Agriculture/Rural
Advanced Wool Handler
III
Agriculture
II & III & IV
Agriculture (Beef Cattle Production)
III & IV
Agriculture (Dairy)
III
Agriculture (Goat Production)
III
Agriculture (Grain Production)
III
Agriculture (Horse Breeding)
III
Agriculture (Pig Production)
III
Agriculture (Rural Merchandising)
III
Agriculture (Sheep and Wool)
III
Agri-food
I
Horticulture (Production)
II & III & IV
Irrigation
II & III & IV
Shearing
II & III & IV
Wool Classing
IV
Wool Clip Preparation
III
Wool Handling
II
Horticulture
Horticulture
II & III & IV
Horticulture (Arboriculture)
II & III & IV
Horticulture (Floriculture)
II & III & IV
Horticulture (Landscape)
II & IV
Horticulture (Parks and Gardens)
II & IV
Horticulture (Retail Nursery)
II & IV
Horticulture (Turf)
II & IV
Horticulture (Wholesale Nursery)
II & IV
Rural Operations
II & III
Music
Music
III & IV
Music Industry (Business)
III
Music Industry (Foundation)
II
Music Industry (Technical Production)
III & IV
Racing Industry
Racing – Advanced Stablehand
III
Racing – Harness Driver
III
Racing – Jockey
IV
Racing – Stablehand
II
Racing – Trackrider
III
Seafood Industry
Seafood (Aquaculture)
II & III & IV
Seafood (Fisheries Compliance)
III
Seafood (Fishing Operations)
II & III
Seafood (Processing)
II & III
Seafood (Sales and Distribution)
II & III


Schedule 1

LIST OF AWARDS NOT SUBJECT TO THIS GENERAL ORDER

Awards that do not contain wages and are therefore excluded:
Alcoa Long Service Leave Conditions Award, 1980
Catering Employees' (North West Shelf Project) Long Service Leave Conditions Award 1991
Catering Workers' (North Rankin A) Long Service Leave Conditions Award No. A 40 of 1987
The Contract Cleaning (F.M.W.U.) Superannuation Award 1988
Health Care Industry (Private) Superannuation Award 1987
Hospital Salaried Officers (Joondalup Health Campus) Award, 1996
Iron and Steel Industry Workers' (Australian Iron and Steel Pty. Ltd.) Production Bonus Scheme Award
Miscellaneous Government Conditions and Allowances Award No A 4 of 1992
Miscellaneous Workers' (Security Industry) Superannuation Award, 1987
Ngala Superannuation Award
Printing (The Sunday Times Guaranteed Employment and Voluntary Retirement) Award, 1983
Printing (West Australian Newspapers Limited, Guaranteed Employment and Voluntary Retirement) Award
Printing Industry Superannuation Award 1991
Public Service Allowances (Fisheries and Wildlife Officers) Award 1990
Supported Employees Industry Award
The Swan Brewery Company Limited (Superannuation) Award 1987
West Australian Petroleum Pty Ltd Long Service Leave conditions Award 1991
Woodside Offshore Petroleum Pty. Ltd. Long Service Leave Conditions Award, 1984
Worsley Alumina Pty. Ltd. Long Service Leave Conditions Award, 1984


Awards that have certain parts quarantined:

Clerks' (Racing Industry - Betting) Award 1978 – Schedule C
Iron Ore Production & Processing (BHP Billiton Iron Ore Pty Ltd) Award 2002 – Schedule I
Iron Ore Production & Processing (Locomotive Drivers) Award 2006 - The – Clause 2.1
Iron Ore Production & Processing (Locomotive Drivers Rio Tinto Railway) Award 2006 – Clause 6
Shearing Contractors' Award of Western Australia 2003 – Clause 4.3


Awards containing transitional provisions to which the General Order does not apply:

Clerks' (R.A.C. Control Room Officers) Award of 1988 – Appendix A
Clothing Trades Award 1973 – Clause 18
Department for Community Development (Family Resource Workers, Welfare Assistants and Parent Helpers) Award 1990 – Schedule F
Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983 – Schedule I
Egg Processing Award 1978 – Appendix 4
Electorate Officers Award 1986 – Schedule G
Family Day Care Co-Ordinators' and Assistants' Award, 1985 - Schedule C
Gold Mining Engineering and Maintenance Award – Schedule II and Appendix I
Government Officers (Social Trainers) Award 1988 – Schedule K
Government Officers (State Government Insurance Commission) Award, 1987 –
Schedule D
Government Officers Salaries, Allowances and Conditions Award 1989 - Schedule P
Institution Officers Allowances and Conditions Award 1977, No. 3 of 1977 – Schedule H
Public Service Award 1992 – Schedule M
State Energy Commission of Western Australia Wages and Conditions Award, 1988 – Schedule 1

Schedule 2

STATEMENT OF PRINCIPLES – July 2009


1. Application of the Statement of Principles

1.1 This Statement of Principles is to be applied and followed when the Commission is making or varying an award or making an order in relation to the exercise of the jurisdiction under the Act to set the wages, salaries, allowances or other remuneration of employees or the prices to be paid in respect of their employment.

1.2 In these Principles, wages, salaries, allowances or other remuneration of employees or the prices to be paid in respect of employment will be referred to as "wages".

1.3 In making a decision in respect of any application brought under these Principles the primary consideration in all cases will be the merits of the application in accordance with equity, good conscience and the substantial merits of the case pursuant to section 26(1)(a) of the Act.

1.4 These Principles do not have application to Enterprise Orders made under section 42I of the Act or to applications made under section 40A of the Act to incorporate industrial agreement provisions into an award by consent.



2. (deleted)



3. When an Award may be varied or another Award made without the claim being regarded as above or below Minimum Award Conditions

3.1 In the following circumstances wages in an award, may on application, be varied or another award made without the application being regarded as a claim for wages above or below the minimum award conditions:

3.1.1 To include previous State Wage Case increases in accordance with Principle 4.

3.1.2 To incorporate test case standards in accordance with Principle 5.

3.1.3 To adjust allowances and service increments in accordance with Principle 6.

3.1.4 To adjust wages pursuant to work value changes in accordance with Principle 7.

3.1.5 To adjust wages for total minimum adjustments in accordance with Principle 8.

3.1.6 To vary an award to include the minimum wage in accordance with Principle 9.



4. Previous State Wage Case Increases

4.1 Wage increases available under previous State Wage Case Decisions such as structural efficiency adjustments, and previous arbitrated safety net adjustments will, on application, still be accessible.

4.2 Minimum rates adjustments may also be progressed under this Principle.



5. Test Case Standards

5.1 Test Case Standards in respect of wages established and/or revised by the Commission may be incorporated in an award. Where disagreement exists as to whether a claim involves a test case standard, those asserting that it does, must make an application and justify its referral. The Chief Commissioner will decide whether the claim should be dealt with by a Commission in Court Session.



6. Adjustment of Allowances and Service Increments

6.1 Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant change in the level of such expenses.

6.2 Adjustment of existing allowances which relate to work or conditions which have not changed and of service increments will be determined in each case in accordance with State Wage Case Decisions.

6.3 Allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the State Wage order in Principle 8.

6.4 In circumstances where the Commission has determined that it is appropriate to adjust existing allowances relating to work or conditions which have not changed and service increments for a monetary safety net increase, the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate of pay for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.

6.5 Existing allowances for which an increase is claimed because of changes in the work or conditions will be determined in accordance with the relevant provisions of Principle 7.

6.6 New allowances to compensate for the reimbursement of expenses incurred may be awarded where appropriate having regard to such expenses.

6.7 Where changes in the work have occurred or new work and conditions have arisen, the question of a new allowance, if any, shall be determined in accordance with the relevant Principles of this Statement of Principles. The relevant Principles in this context may be Principle 7 and Principle 11.

6.8 New service increments may only be awarded to compensate for changes in the work and/or conditions and will be determined in accordance with the relevant parts of Principle 7 of this Statement of Principles.



7. Work Value Changes

7.1 Applications may be made for a wage increase under this Principle based on changes in work value.

7.2 Changes in work value may arise from changes in the nature of the work, skill and responsibility required or the conditions under which work is performed. Changes in work by themselves may not lead to a change in wage rates. The strict test for an alteration in wage rates is that the change in the nature of the work should constitute such a significant net addition to work requirements as to warrant the creation of a new classification or upgrading to a higher classification.

7.3 In addition to meeting this test a party making a work value application will need to justify any change to wage relativities that might result not only within the relevant internal award classifications structure but also against external classifications to which that structure is related. There must be no likelihood of wage "leapfrogging" arising out of changes in relative position.

7.4 These are the only circumstances in which rates may be altered on the ground of work value and the altered rates may be applied only to employees whose work has changed in accordance with this provision.

7.5 In applying the Work Value Changes Principle, the Commission will have regard to the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed.

7.6 Where new or changed work justifying a higher rate is performed only from time to time by persons covered by a particular classification or where it is performed only by some of the persons covered by the classification, such new or changed work should be compensated by a special allowance which is payable only when the new or changed work is performed by a particular employee and not by increasing the rate for the classification as a whole.

7.7 The time from which work value changes in an award should be measured is any date that on the evidence before the Commission is relevant and appropriate in the circumstances.

7.8 Care should be exercised to ensure that changes which were or should have been taken into account in any previous work value adjustments or in a structural efficiency exercise are not included in any work evaluation under this provision.

7.9 Where the tests specified in 7.2 and 7.3 are met, an assessment will have to be made as to how that alteration should be measured in money terms. Such assessment should normally be based on the previous work and the nature and extent of the change in work.

7.10 The expression "the conditions under which the work is performed" relates to the environment in which the work is done.

7.11 The Commission should guard against contrived classifications and over-classification of jobs.

7.12 Any changes in the nature of the work, skill and responsibility required or the conditions under which the work is performed, taken into account in assessing an increase under any other provision of these Principles, shall not be taken into account in any claim under this provision.



8. Total Minimum Rate Adjustments

8.1 Where the minimum rates adjustment process in an award has been completed, the Commission may consider an application for the base rate, supplementary payment and State Wage order adjustments to be combined so that the award specifies only the total minimum rate for each classification.

8.2 By consent of all parties to an award, where the minimum rates adjustment has been completed, award rates may be expressed as hourly rates or weekly rates. In the absence of consent, a claim that award rates be so expressed may be determined by arbitration.

8.3 The State Wage order arising from this decision is $12.30 per week.



9. Minimum Adult Award Wage

9.1 A minimum adult award wage clause will be required to be inserted in all new awards.

9.2 The minimum adult wage clause will be as follows –

MINIMUM ADULT AWARD WAGE

No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

The minimum adult award wage for full-time employees aged 21 or more is $557.40 per week payable on and from the first pay period on or after 1 July 2009; and $569.70 per week payable on and from the first pay period on or after 1 October 2009.

The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

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 to the minimum adult award wage.

The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements 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.

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.

Subject to this clause the minimum adult award wage shall –

Apply to all work in ordinary hours.

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.

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 2009 State Wage order decision. 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.

Adult Apprentices

Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $488.40 per week on and from the commencement of the first pay period on or after 1 July 2009; and shall not be paid less than $497.60 per week on and from the commencement of the first pay period on or after 1 October 2009.

The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

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.

Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.



10. Making or Varying an Award or issuing an Order which has the effect of varying wages or conditions above or below the award minimum conditions

10.1 An application or reference for a variation in wages which is not made by an applicant under any other Principle and which is a matter or concerns a matter to vary wages above or below the award minimum conditions may be made under this Principle. This may include but is not limited to matters such as equal remuneration for men and women for work of equal or comparable value.

10.2 Claims may be brought under this Principle irrespective of whether a claim could have been brought under any other Principle.

10.3 All claims made under this Principle will be referred to the Chief Commissioner for him to determine whether the matter should be dealt with by a Commission in Court Session or by a single Commissioner.



11. New Awards (including interim Awards) and Extensions to an Existing Award

11.1 The following shall apply to the making of wages in a new award (including an interim award) and an extension to an existing award:

11.1.1 In the making of wages in an interim award the Commission shall apply the matters set out in section 36A of the Act.

11.1.2 A new award (including an interim award) shall have a clause providing for the minimum award wage [see Principle 9] included in its terms.

11.1.3 In the extension of wages in an existing award to new work or to award-free work the wages applicable to such work shall ensure that any award or order made:

(1) meets the need to facilitate the efficient organisation and performance of work according to the needs of an industry and or enterprises within it, balanced with fairness to the employees in the industry or enterprises; and

(2) sets fair wages.



12. Economic Incapacity

12.1 Any respondent or group of respondents to an award may apply to reduce and/or postpone the variation which results in an increase in labour costs under this Statement of Principles on the ground of very serious or extreme economic adversity. The merit of such application shall be determined in the light of the particular circumstances of each case and any material relating thereto shall be rigorously tested. The impact on employment at the enterprise level of the increase in labour costs is a significant factor to be taken into account in assessing the merit of an application. It will then be a matter for the Chief Commissioner to decide whether it should be dealt with by a Commission in Court Session.



13. Duration

13.1 This Statement of Principles will operate until reviewed under s.50A(1)(d) of the Act.