2012 WAIRC 00359
2012 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
ACTING SENIOR COMMISSIONER P E SCOTT
COMMISSIONER S J KENNER
COMMISSIONER J L HARRISON
COMMISSIONER S M MAYMAN
DATE THURSDAY, 14 JUNE 2012
FILE NO. APPL 2 OF 2012
CITATION NO. 2012 WAIRC 00359

Result 2012 State Wage order issued
Representation Ms S Haynes and with her, Ms M Bolitho on behalf of the Hon. Minister for Commerce
MR J RIDLEY AND WITH HIM, MS R CATALANO ON BEHALF OF THE CHAMBER OF COMMERCE AND INDUSTRY OF WA (INC.)

MS K DAVIS AND WITH HER, DR T DYMOND ON BEHALF OF UNIONSWA


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 2012 State Wage order and thereby orders as follows:

1. THAT the 2012 State Wage order takes effect on 1 July 2012.

2. THAT the General Order which issued in matter No. APPL 2 of 2011 ((2011) 91 WAIG 1015) is rescinded with effect on and from the commencement of the first pay period on or after 1 July 2012.

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 $627.70 per week on and from the commencement of the first pay period on or after 1 July 2012.

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 first pay period on or after 1 July 2012:


1 July 2012
Four Year Term

First year
$304.37
Second year
$398.59
Third year
$543.53
Fourth year
$637.74


Three and a Half Year Term

First six months
$304.37
Next year
$398.59
Next year
$543.53
Final year
$637.74


Three Year Term

First year
$398.59
Second year
$543.53
Third year
$637.74

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 $543.50 per week on and from the commencement of the first pay period on or after 1 July 2012.

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 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 2012:

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

215.00
257.00
317.00




Plus 1 year out of school
257.00
317.00
366.00
Plus 2 years
317.00
366.00
428.00
Plus 3 years
366.00
428.00
490.00
Plus 4 years
428.00
490.00

Plus 5 years or more
490.00



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

215.00
257.00
308.00




Plus 1 year out of school
257.00
308.00
351.00
Plus 2 years
308.00
351.00
413.00
Plus 3 years
351.00
413.00
472.00
Plus 4 years
413.00
472.00

Plus 5 years or more
472.00



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

215.00
257.00
302.00




Plus 1 year out of school
257.00
302.00
339.00
Plus 2 years
302.00
339.00
381.00
Plus 3 years
339.00
381.00
427.00
Plus 4 years
381.00
427.00

Plus 5 years or more
427.00




(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 an 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% of that wage rate.

Part-time and School-Based Trainees

(e) This provision shall apply to trainees who undertake a traineeship on a part-time 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 following minimum hourly rates of pay, as for school leavers:


Current year of schooling

Wage levels
Year 11

Year 12

A
$6.76
$8.34
B
$6.76
$8.11
C
$6.76
$7.95

(ii) The minimum hourly rate of pay for part-time trainees shall be calculated by taking the full-time rates expressed in Clause 6(b) Table 1 and dividing that rate by 38 in accordance with section 10 of the Minimum Conditions of Employment Act 1993 (WA).

(iii) As per the requirement under 60E(1)(iv) of the Vocational Education and Training Act 1996 (WA), any time spent by a trainee in performing his or her obligations under the training contract and in being trained and assessed under the contract, whether at the employer’s workplace or not, is to be taken for all purposes (including the payment of remuneration) to be time spent working for the employer.

(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:

On and from the commencement of the first pay period on or after 1 July 2012:
Industry/Skill Level A
$490.00 per week
Industry/Skill Level B
$472.00 per week
Industry/Skill Level C
$427.00 per week

7. THAT

(a) The rates of pay applicable to trainees under the following awards 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 Establishments (Retail and Wholesale) Award 1979;
(v) Metal Trades (General) Award;
(vi) Motor Vehicle (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 be 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 rates of pay for adults in each award of the Commission, other than those set out in Schedule 1, be increased by 3.4% on and from the commencement of the first pay period on or after 1 July 2012 and that this increase shall be subject to absorption in the same terms as previous State Wage decisions.

9. 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 3.4% to the adult award wage on and from the commencement of the first pay period on or after 1 July 2012.

10. THAT increases under previous State Wage Case decisions prior to 1 July 2012, except those resulting from enterprise agreements, are not to be used to offset this State Wage order increase of 3.4%.

11. THAT on and from 1 July 2012 all awards which contain a Minimum Adult Award Wage Clause or provision be varied by:

(a) Deleting the words “$607.10 per week payable on and from the first pay period on or after 1 July 2011” and inserting in lieu the words “$627.70 per week payable on and from the commencement of the first pay period on or after 1 July 2012”.

(b) Deleting the words “$525.70 per week on and from the commencement of the first pay period on or after 1 July 2011” in the Adult Apprentices section and inserting in lieu the words “$543.50 per week on and from the commencement of the first pay period on or after 1 July 2012”.

(c) Deleting the date “1 July 2011” wherever it appears and inserting in lieu the date “1 July 2012”.

(d) Deleting the words “2011 State Wage order decision” wherever they appear and inserting in lieu the words “2012 State Wage order decision”.

Statement of Principles

12. THAT the Statement of Principles – July 2011 under the General Order in matter No. Appl 2 of 2011 be replaced by the Statement of Principles – July 2012 in Schedule 2.

Publication

13. 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 and 9 of this State Wage order incorporating the amendments made.







COMMISSION IN COURT SESSIONATTACHMENT A
INDUSTRY / SKILL LEVEL A (as at May 2012)

TRAINEESHIP TITLE
CERTIFICATE LEVEL
Aeroskills Industry (MEA)

Aeroskills (Aircraft Mechanical)
II
Aeroskills Engineer - Avionics
Diploma
Aeroskills Engineer – Mechanical
Diploma
Aviation (AVI)

Aviation Flight Operations
II & III
Aviation Ground Operations & Service
II & III
Beauty (WRB)

Beauty Services
III
Beauty Therapy
IV
Business Services (BSB)

Business Administration
III & IV
Business
II & III & IV
Customer Contact
III & IV
Frontline Management
IV
Legal Administration
III & IV
Legal Assistant
IV
Recordkeeping
III & IV
Marketing
IV
Manager
Diploma
Human Resources
IV
Medical Administration
III
Union Recruitment and Organising
IV
Civil Construction (RII)

Bituminous Surfacing
II & III
Civil and Structural Engineering Draftsperson
Diploma
Civil Construction
II & III
Civil Construction Manager
Diploma
Civil Construction Senior Designer
Advanced Diploma
Civil Construction Senior Manager
Advanced Diploma
Civil Construction Supervisor
IV
Civil Construction Designer
IV & Diploma
Civil Foundations
III
Plant Operations
III
Pipelaying
III
Public Works Engineering Technical Officer
Diploma
Road Marking
III
Road Construction and Maintenance
III
Bridge Construction & Maintenance
III
Trenchless Technology
III
Tunnel Construction
III
Community Services (CHC)

Career Development Officer
III & IV
Community Care Work(er)
III & IV
Community Services (Aged Care Work)
III & IV
Community Services (Children’s Services)
III
Community Services (Youth Work)
III
Community Services Contact Work
II
Community Services Support Work
II
Community Services Work
II & III & IV
Disability Work
III & IV
Aboriginal & Islander Education Worker
III & IV
Aboriginal Child Care Work
III
Child Care Worker
Diploma
Before & After School Care Supervisor
Diploma
Bi-Lingual/Bi-Cultural Community Services Work
II & III
Christian Ministry Work
III & IV & Diploma
Out of School Hours Care Work
IV
Social Housing Work
III & IV
Protective Care Work(er)
IV & Diploma
Mental Health Work
IV
Youth Work
IV
Construction Plumbing and Services (CPC)

Assistant Building Surveyor
* some employers are choosing to title this role as a cadetship for status purposes. This title is not recognised in the industrial instruments and payment is determined according to the relevant award rates.
Diploma
Building Maintenance
II
Dogging
III
Drainage
II
General Construction
II
General Construction (Demolition)
III
Estimating (Housing)
IV
Marble and Granite Edge Mason
II
Site Management
IV
Scaffolding
III
Rigging
III
Steel fixing
III
Residential Drafting
IV
Correctional Services (CSC)

Correctional Practice (Custodial)
III & IV
Correctional Practice
III & IV
Financial Services (FNS)

Finance and Mortgage Broking
IV
Financial Services
II, III & IV
Financial Services (Accounts Clerical)
III
Financial Services (Financial Practice Support)
IV
Financial Services (Accounting)
IV
Financial Services (Superannuation)
IV
Financial Services Bookkeeping
IV
Insurance Services
III & IV
Drilling(RII)

Drilling Operations
II & IV
Driller
III
Drilling (Mineral Exploration)
II, III & IV
Electricity Supply – Generation (UEP)

ESI Generation (Electrical/Electronic)
IV
ESI Generation (Mechanical)
IV
ESI – Generation Operations Manager
Diploma
Electrical/Electronic Service Technician
Diploma
ESI Generation (Operations)
III & IV
ESI Generation (Systems Operations)
IV
Electricity Supply – Transmission, Distribution, Rail (UET)

ESI - Power Systems Manager
Diploma & Adv Diploma
Electrotechnology (UEE)

Antennae Equipment
II
Appliance Servicing - Refrigerants
II
Business Equipment Servicing
II
Fire Alarms Servicing
II
Hazardous Areas
IV
Refrigeration and Air Conditioning Systems
IV
Remote Area Essential Service
II
Electrotechnology Systems Electrician
IV
Computer Assembly & Repair
II
Computer Systems
IV
Computer Systems Engineer
Diploma & Adv Diploma
Data and Voice Communications

Electrical/Electronic Service Technician
Diploma
Electrical Engineer
Diploma & Adv Diploma
Electronic Assembly
II
Electronics
II
Electronics and Communications
IV
Electronics & Communications Engineering
Diploma & Adv Diploma
Industrial Electronics and Control
IV
Renewable Energy
II
Security Assembly and Setup
II
Video and Audio Systems
IV
Winding and Assembly
II
Floristry (WRF)

Floristry
III & IV
Food Processing (FDF)

Food Processing
III
Food Processing (Wine)
III
Food Processing (Sales)
III
Pharmaceutical Manufacturing
III
Production Line Supervisor
IV
Furnishing (LMF)

-

Gas Industry (UEG)

Gas Operations
III & IV
Gas Industry Advanced Technician
Advanced Diploma
Gas Industry Operations
II, & IV
Gas Industry Technician
Diploma
Gas Operations
III & IV
Information and Communication Technology (ICA)

Information Technology
II & III
Information Technology (Networking)
IV
Information Technology (Websites)
IV
Information Technology (Multimedia)
IV
Information Technology (Support)
IV
Information Technology (Systems Analysis & Design)
IV
Laboratory Operations(MSL)

Sampling and Measurement
II
Laboratory Skills
III
Laboratory Techniques
IV
Laboratory Technology
Diploma
Senior Laboratory Technician
Advanced Diploma
Local Government (other than operational works) (LGA)

Local Government
II & III
Local Government Administration
IV
Local Government Planning
IV
Ranger
IV
Trainee Community Ranger
III
Manufacturing (MSA)

Aluminium Window and Frames
II
Aluminium Windows and Frames Manufacturing
II
Glass Processor
II
Manufacturing Equipment Operation
III
Manufacturing Team Leader
IV
Manufacturing Technician - Metallurgy
Diploma
Manufacturing Technologist - Metallurgy
Adv Diploma
Surface Preparation and Coatings Application
III
Metal and Engineering (MEM)

Engineering Assistant
Advanced Diploma
Engineering Production
II
Engineering Technician
III
Draftsperson
Diploma
Production Systems (Surface Finishing)
III
Engineering (Advanced Trade)
Diploma
Engineering – Higher Engineering Trade
IV
Metallurgical Technician
Diploma & Adv Diploma
Production Systems (Foundry)
III
Production Systems (General Engineering)
III
Production Systems (Surface Finishing)
III
Metalliferous Mining (RII)

Underground Metalliferous Mining
II & III & IV
Underground Metalliferous Mining Manager
Diploma
Museum and Library/Information Services (CUL)

Library and Information Services
II & III & IV
Museum Practice
II & III
Plastics, Rubber and Cablemaking (PMB)

Plastics
III
Process Manufacturing
III
Polymer Technology
IV
Plastics – Film
III
Plastics – Blow Moulding
III
Plastics – Extrusion
III
Plastics – Fabrication
III
Plastics – Injection Moulding
III
Plastics – Thermoforming
III
Plastics – Rotational Moulding
III
Plastics – Polystyrene
III
Rubber
III
Process Manufacturing (Rubber - Injection Moulding)
III
Rubber - Belt Splicing
III
Rubber – Rubber Lining
III
Process Manufactured Mineral Products
III & IV
Process Plant Operations
III
Process Plant Technology
IV
Process Support
III
Manufacturing Equipment Operation
III
Manufacturing Team Leader
IV
Process Plant Advanced Technician
Diploma
Public Safety (PUA)

Firefighting Operations
III
Policing
Diploma
Public Sector (PSP)

Government
II & III & IV
Government – Fraud Controller
IV
Government – Investigator
IV
Property Services (CPP)

Property Management
IV
Spatial Services Technician
Diploma
Surveyor
Diploma
Retail (including Wholesale and Community Pharmacy) (SIR)

Retail
III
Retail Management
IV
Community Pharmacy
III & IV
Wholesale
III
Telecommunications (ICT)

Telecommunications
II & III
Telecommunications Cabling
II
Telecommunications (Access Network)
II
Telecommunications (Cabling & Customer Premises Equipment)
III
Telecommunications Engineering
IV
Customer Contact
III & IV
Data and Voice Communications
II & III
Telecommunications Engineering
IV
Textile Clothing and Footwear (LMT)

Textile Fabrication
III
Textile Production
III
Laundry Operations
III
Clothing Production
III & IV
Dry Cleaning Operations
III
Early Stage Wool Processing
III
Leather Production
III
Footwear Repair
III
Tourism, Hospitality and Events (THC: SIT: CUE)

Events Technical
III
Hospitality (Accommodation Services)
III
Hospitality (Food and Beverage)
III
Hospitality – (Asian Cookery)
II
Hospitality – (Catering Operations)
II
Hospitality – (Commercial Cookery)
II
Hospitality – (Patisserie)
II
Hospitality – (Operations)
II & III
Hospitality Gaming
III
Hospitality - Supervision
IV
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
Venues & Events (Customer Service)
III
Costume for Performance
IV
Live Production Theatre & Events
II
Entertainment (Front of House)
II
Live Production Theatre & Events (Technical Operations) Lighting
III & IV
Live Production Theatre & Events (Technical Operations) Vision Systems
III & IV
Live Production Theatre & Events (Technical Operations) Audio
III & IV
Transport and Distribution (TLI)

Integrated Rating
III
Logistics Operations
III
Cash in Transit
III
Transport and Distribution (Marine Engine Driving)
III
Transport and Distribution (Maritime Operations)
III
Mobile Cranes
III
Rail Infrastructure
III
Rail Operations
III & IV
Road Transport
III & IV
Stevedoring
III
Warehousing & Storage
III & IV
Water Industry(NWP)

Water Operations
III & IV
INDUSTRY / SKILL LEVEL B (as at May 2012)
TRAINEESHIP TITLE
CERTIFICATE LEVEL
Animal Care & Management (ACM )

Veterinary Nursing
IV
Animal Control and Regulation
IV
Animal Studies
II
Animal Technology
III
Captive Animals
III
Companion Animal Services
III & IV
Asset Maintenance (PRM)

Asset Maintenance (Cleaning Operations)
II & III
Asset Maintenance (Waste Management)
II & III
Asset Maintenance (Fire Protection Equipment)
II & III
Pest Management Technician
III
Australian Meat Industry (MTM)

Meat Processing (Abattoirs)
II
Meat Processing (Boning)
III
Meat Processing (Food Services)
II & III
Meat Processing (General)
III
Meat Processing (Rendering)
III
Meat Processing (Smallgoods) Manufacture
III
Meat Processing (Smallgoods) General
II & III
Meat Processing (Slaughtering)
III
Meat Processing (Leadership)
IV
Meat Processing (Quality Assurance)
IV
Meat Inspector
III
Meat Inspector / Quality Assurance Officer
IV
Production Manager (Meat Processing)
Diploma
Automotive Industry Manufacturing (THC)

Recreational Vehicle Production Assistant
II
Recreational Vehicle Production Team Leader
III
Automotive Industry/Retail Service and Repair (AUR)

Automotive (Administration)
II & III
Automotive Administration (Rental Vehicles)
III
Automotive Electrical Technology
II
Automotive Management
IV & V
Automotive (Mechanical)
II
Automotive (Sales)
II & III
Automotive (Vehicle Body)
II
Automotive Aftermarket Warehousing Distribution Operations
II & III
Bicycles
II
Marine
II
Outdoor Power Equipment
II
Vehicle Servicing
II
Automotive Retail Service and Repair (Tyre Fitting)
III
Mechanical Driveline
II
Mechanical Engine Overhaul
II
Mechanical Hydraulics
II
Mechanical Machine Assembly
II
Mechanical Transmissions
II
Beauty (WRB)

Make-Up Services
II
Nail Technology
II
Retail Cosmetic Services
II
Caravan Industry (THC)

Caravan Park Operations
II & III
Civil Construction (RII)

Civil Construction for entry level Indigenous Workers
I
Community Recreation Industry (SRC)

Community Recreation
II & III
Extractive Industries(RII)

Extractive Industries Senior Manager
Advanced Diploma
Field/Exploration Operations
II
Minerals Processing
Diploma
Resource Processing
II & III & IV
Surface Extraction Operations
II & III & IV
Surface Operations Manager
Diploma
Fitness Industry (SRF)

Fitness
III & IV
Floristry (WRF)

Floristry
II
Food Processing Industry (FDF)

Food Processing
II
Food Processing (Sales)
II
Food Processing (Wine)
II
Forest and Forest Products Industry (FPI)

Forest Growing and Management
II & III
Harvesting & Haulage
II & III
Sawmilling and Processing
II & III
Timber Manufactured Products
II & III
Timber Merchandising
II & III
TIMBER FABRICATION DETAILER
IV
TIMBER FABRICATION PRODUCTION MANAGER
Diploma
TIMBER FABRICATION DETAILING MANAGER
Diploma
Timber Fabrication Estimator or Jig Setter
III
Timber Fabrication Production Hand
II
Timber Fabrication Production Specialist Or Leading Hand
IV
Wood Panel Products
II & III
Production Technician (Timber)
IV
Forester (Operations)
IV
Furnishing (LMF)

Furnishing (Flooring)
II
Furnishing (Polishing)
II
Furnishing (Upholstery)
II
Furniture Making
II
Glass and Glazing
II
Interior Design – Retail Services
III
Picture Framing
III
Soft Furnishing
II & III
Designer (Kitchens, Bathrooms and Interior Spaces)
* some employers are choosing to title this role as a cadetship for status purposes. This title is not recognised in the industrial instruments and payment is determined according to the relevant award rates.
IV
Gas Industry (UEG)

Gas Industry Advanced Technician
Adv Diploma
Gas Industry Technician
Diploma
Gas Industry Operations
II & III & IV
Health (HLT)

Aboriginal Environmental Health
II & III
Assistant Aboriginal and/or Torres Strait Islander Health Care Worker
II
Aboriginal and/or Torres Strait Islander Health Care Worker
III
Senior Aboriginal and/or Torres Strait Islander Health Care Worker
IV
Allied Health Assistance
III & IV
Client/Patient Support Services
III
Dental Assisting
III & IV
Health Service Assistant
III
Health Support Services
II & III
Optical Dispensing
IV
Sterilization Services
III
Pathology Collection
III
Local Government (Operational Works) (LGA)

Local Government (Operational Works)
Diploma
Metal and Engineering (MEM)

Engineering – Production
II
Aluminium Windows and Frames Manufacturing
II
Winding & Assembly
II
Outdoor Recreation (SRO)

Outdoor Recreation
III & IV
Community Recreation
II & III
Sport and Recreation
II & III & IV
Plastics, Rubber and Cablemaking (PMB: PMC)

Process Manufacturing
II
Process Manufacturing (Cablemaking)
II
Plastics
II
Plastics – Film
II
Plastics – Blow Moulding
II
Plastics – Composites
II
Plastics – Extrusion
II
Plastics – Fabrication
II
Plastics – Injection Moulding
II
Plastics – Thermoforming
II
Plastics – Rotational Moulding
II
Plastics – Polystyrene
II
Rubber
II
Rubber – Rubber Lining
II
Process Manufacturing (Rubber – Injection Moulding)
II
Rubber - Belt Splicing
II
Process Manufactured Mineral Products
II
Process Plant Operations
II
Process Support
II
Printing and Graphic Arts (ICP)

Desktop Publishing
II
Graphic Arts Services
II
Print Production Support
II
Printing and Graphic Arts (Instant Print)
II
Printing and Graphic Arts (Multimedia)
III
Screen Printing
II
Property Services (CPP)

Property Management
IV
Property Services (operations)
III
Technical Security
II & III
Security Operations
III
Hazardous Areas
IV
Spatial Services Technician
V
Surveying
IV & V
Retail (SIR) (including wholesale and Community Pharmacy)

Retail
II
Community Pharmacy
II
Salon Assistant
II
Warehouse
II
Screen and Media (CUF)

Broadcasting (Radio)
II & III & IV
Broadcasting (Remote Area Operations)
III
Broadcasting (Television)
III & IV
Screen
II & III & IV
Multimedia
II & III & IV
Sport Industry (SRS, SIS)

Fitness
IV
Sport (Career Orientated Participation)
II &III
Textile, Clothing and Footwear (LMT)

Dry Cleaning Operations
II
Footwear Repair
II
Laundry Operations
II
Textile Production (Complex or Multiple Processes)
II
Laundry Operations
II
Transport and Logistics (TLI)

Furniture Removalist
II
Transport and Distribution (Aviation Flight Operations)
II
Aviation Ground Operations and Service
II
Transport and Distribution (Marine Engine Driving
II
Transport and Distribution (Maritime Operations)
II
Transport & Distribution (Maritime Operations – Coxswain)
II
Rail Infrastructure
II
Rail Operations
II
Road Transport
II
Stevedoring
II
Logistics Operations
II
Warehousing & Storage
II
Water Industry(NWP)

Water Operations
II

INDUSTRY / SKILL LEVEL C (as at May 2012)
TRAINEESHIP TITLE
CERTIFICATE LEVEL
Amenity Horticulture (RTF)

Horticulture
II & III & IV
Horticulture (Arboriculture)
II & III & IV
Horticulture (Floriculture)
II & III & IV
Horticulture (Landscape)
II & IV
Horticulture (Retail Nursery)
II & IV
Horticulture (Wholesale Nursery)
II & IV
Horticulture (Parks and Gardens)
II & IV
Horticulture (Turf)
II & IV
Conservation and Land Management (RTD)

Conservation and Land Management
II & III & IV
Funeral Services (SIF)

Funeral Services (Embalmer)
IV
Funeral Services
IV
Gravedigging, Grounds and Maintenance
III
Cemetery and Crematorium Operations
III
Music (CUS)

Music
III & IV
Music Industry (Foundation)
II
Music Industry (Technical Production)
III & IV
Music Industry (Business)
III
Racing Industry (RGR)

Racing - Stablehand
II
Racing - Advanced Stablehand
III
Racing - Trackrider
III
Racing - Jockey
IV
Racing (Harness Driver)
III
Rural Production (RTE)

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
Horticulture (Production)
II & III & IV
Agriculture (Pig Production)
III
Agriculture (Sheep and Wool)
III
Agriculture (Rural Merchandising)
III
Advanced Wool Handler
III
Irrigation
II & III & IV
Rural Operations
II & III
Shearing
II & III & IV
Wool Handling
II
Wool Clip Preparation
III
Wool Classing
IV
Seafood Industry (SIF)

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
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, 1989
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
The Iron Ore Production & Processing (Locomotive Drivers) Award 2006 – 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:

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
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
Juvenile Custodial Officers’ Award – Schedule G
Public Service Award 1992 – Schedule M
Schedule 2

STATEMENT OF PRINCIPLES – July 2012


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 a 3.4% increase.



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 $627.70 per week payable on and from the commencement of the first pay period on or after 1 July 2012.

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 2012 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 $543.50 per week on and from the commencement of the first pay period on or after 1 July 2012.

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.