UnionsWA Incorporated -v- (Not Applicable), Western Australian Local Government Association, Australian Resources and Energy Employer Association, Chamber of Commerce and Industry of WA, Minister for Industrial Relations

Document Type: Decision

Matter Number: CICS 7/2024

Matter Description: Application for a General Order for casual employees subject to specified awards

Industry: Various

Jurisdiction: Commission in Court Session

Member/Magistrate name: Senior Commissioner R Cosentino, Commissioner T Emmanuel, Commissioner T B Walkington

Delivery Date: 28 Feb 2025

Result: General Order Issued

Citation: 2025 WAIRC 00129

WAIG Reference:

DOCX | 55kB
2025 WAIRC 00129
APPLICATION FOR A GENERAL ORDER FOR CASUAL EMPLOYEES SUBJECT TO SPECIFIED AWARDS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2025 WAIRC 00129

CORAM
: COMMISSION IN COURT SESSION
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T EMMANUEL
COMMISSIONER T B WALKINGTON

HEARD
:
ON THE PAPERS
LAST SUBMISSIONS DUE 12 FEBRUARY 2025

DELIVERED : FRIDAY, 28 FEBRUARY 2025

FILE NO. : CICS 7 OF 2024

BETWEEN
:
UNIONSWA INCORPORATED
Applicant

AND

(NOT APPLICABLE)
Respondent

AND

CHAMBER OF COMMERCE AND INDUSTRY OF WA

MINISTER FOR INDUSTRIAL RELATIONS

WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
Others

CatchWords : Industrial Law (WA) – Minimum rates of pay for casual employees – Casual loading in awards – Application for a General Order that award casual loading be no less than 25% – Where awards contain rates of pay that are below the amount entitled under the Minimum Conditions of Employment Act 1993 – Where the General Order is not opposed by any party – Issue in contention is when the General Order ought to take effect – Determination that the General Order is consistent with the objects of the Industrial Relations Act – General Order issued
Legislation : Industrial Relations Amendment Act 2024 (WA)
Industrial Relations Act 1979 (WA)
Labour Relations Reform Act 2002 (WA)
Minimum Conditions of Employment Act 1993 (WA)     
Result : General Order Issued
REPRESENTATION:


Mr G Hansen on behalf of the applicant

Mr C Harding on behalf of the Chamber of Commerce and Industry of WA

Mr B Entrekin on behalf of the Honourable Minister for Industrial Relations

Ms J Love and Ms D Ostrawska on behalf of the Western Australian Local Government Association

Case(s) referred to in reasons:
2007 General Order Re Minimum Award Wages in Some Awards [2007] WAIRC 00382; 87 WAIG 735
2008 General Order Re Minimum Award Wages in Some Awards [2008] WAIRC 00327; (2008) 88 WAIG 514
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Re Metal, Engineering and Associated Industries Award 1988 (2000) AIRC 722
Queensland Council of Unions v State of Queensland (Office of Industrial Relations) [2024] QIRC 201
Re Annual Wage Review 2023-24 [2024] FWCFB 3500; (2024) 331 IR 248
Re Request from Minister for Employment and Workplace Relations 28 March 2008 [2008] AIRCFB 1000; (2008) 177 IR 364
Review of Performers Live Award (WA) 1993 Pursuant to s 40B of the Industrial Relations Act 1979 (WA); [2025] WAIRC 00011; (2025) 105 WAIG 55.
The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers – Western Australian Branch and The Communications, Electrical, Electronic, And Energy Information, Postal, PL v Anodisers W.A. [2006] WAIRC 04600; (2006) 86 WAIG 2537

Reasons for Decision
THE COMMISSION IN COURT SESSION
1 On 31 January 2025, amendments to the minimum rate of pay for casual employees in s 11 of the Minimum Conditions of Employment Act 1993 (WA) (MCE Act) came into effect: Industrial Relations Legislation Amendment Act 2024 (WA) s 113. That amendment increased the minimum casual rate of pay from 20% to 25% of the statutory minimum rate of pay set under section 12 of the MCE Act and s 50A(1)(a)(i) of the Industrial Relations Act 1979 (WA) (IR Act).
2 Many awards made under the IR Act contain a casual loading rate of 20% or are silent in relation to casual rates of pay. This means that there are some awards containing casual rates of pay that are now below the amount employees are entitled to be paid under s 11 of the MCE Act.
3 Having identified this anomaly, UnionsWA applied to the Western Australian Industrial Relations Commission for a General Order under s 50 of the IR Act to ensure that all awards provide for a casual loading of at least 25% of the ordinary rate for the relevant classification in the award.
4 The Chamber of Commerce and Industry of Western Australia, the Minister for Industrial Relations, and the Western Australian Local Government Association (WALGA) took part in these proceedings.
5 The application was not opposed.
6 The parties agreed that the application be determined on the papers.
7 In determining the application, the Commission in Court Session has had regard to the grounds set out in UnionsWA’s application, the submissions contained in the responses filed by the Chamber, the Minister and WALGA; UnionsWA’s further written submissions and WALGA’s further written submissions.
8 The only contentious issue between the parties concerned the date any General Order is to take effect.
9 For the reasons that follow, we are satisfied that a General Order should issue in the terms proposed by UnionsWA to take effect from 26 April 2025.
Background
10 Casual rates of pay are commonly calculated by reference to a percentage loading applied to the ordinary rates of pay that would otherwise be paid to a ‘permanent’ employee. The casual loading is to take into account paid entitlements that casual employees do not receive but which ‘permanent’ employees do. Precisely which entitlements are foregone may vary across industries and occupations but generally include different types of leave and the entitlement to advance notice of the employment ending.
11 When the MCE Act was first enacted, s 12 provided that a casual employee was entitled to be paid 15% more than the statutory minimum weekly rate of pay. The casual loading rate was increased to 20% in 2002: Labour Relations Reform Act 2002 (WA), s 167. At that time, it was still common for both Federal and State awards to specify a casual loading rate of 20%.
12 In the decades since, 25% has become a more common casual loading rate. For the vast majority of employees who fall under the Federal industrial relations system, the loading rate specified in all modern awards and the National Employment Standards is 25%.
13 The historical reasons for the increase to casual loading rates can probably be traced to the Australian Industrial Relations Commission (AIRC) decision in Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Re Metal, Engineering and Associated Industries Award 1988 (2000) AIRC 722 (Metal, Engineering and Associated Industries Award decision). In that case, the casual loading rate in the Metal, Engineering and Associated Industries Award 1988 was increased to 25% with the Full Bench’s reasons being stated at paragraphs [196] - [200] (footnotes omitted):
196. For the reasons we have given in the preceding Sections, we are satisfied that paid leave; long service leave; and a component covering differential entitlement to notice of termination of employment and employment by the hour effects, should constitute the main components to be assessed in determining casual loading for the Award.
197. In the table below, we have attempted a comparison of the relative annual costs to the employer. It is expressed as working days paid for. It covers three main types of ordinary hours, day work employment for certain components. We have included in the calculation also a progressive ratio of what we estimate to be the relative advantage of a full-time worker in days paid for over a casual employee.
Working Days Paid Comparison
Component
Days
Full-Time
Fixed Term
Casual
Total working days:
260
260
260
260
Less days not worked: public holidays:
(10)


250
Less days sick/personal: leave average used
(6) (a)


244
RATIO A



106.5%
Vested entitlements payable on completion of 260 days
Leave:
(20)
280
280
244
Leave loading:
(3.5)
283.5
283.5
244
RATIO B



116.8%
Vested contingent benefits
Accrued personal leave:
(4) (b)
287.5
283.5

Long service leave
(4.3) (c)
291.8
283.5

RATIO C



119.6%
Notice of termination and employment by the hour effects:
Contingent benefit applicable to employment terminated on last day of work
(1 week notice or payment in lieu)
296.8
283.5
244
RATIO D



121.6%
OR
Short time worked or paid hours differential determent:
Norm for casual working hours in industry = 36.1 hours per week i.e. 95% of 38 hour standard (d)

291.8
283.5
231.8
RATIO E 125.88%
198. That form of calculation is but one of a number which might be used to demonstrate points and costing effects or estimates. For the reasons we have given, we are not persuaded that an exact or precise quantification of different components should be welded on to the determination of the casual rate loading. We are satisfied that the existing loading is substantially exhausted in compensating for the potential liability for paid leave entitlements applicable to other relevant types of employment. The changed access to some forms of personal leave since the last adjustment in 1974, and the substantially differential access to notice of termination for weekly (now full-time) employees in conjunction with the reintroduction of an employment by the hour effect for casual employees, justify some additional loading. Our view in that respect is reinforced by what we have broadly categorised as the notice of termination and employment by the hour effects. Even a minimal quantification of an addition to the loading for that component would be sufficient to make out a relatively compelling case for an increase to the existing level of the loading.
199. Having regard to all relevant circumstances applying to the loadings for casual employees under the Award, we are satisfied that a special case has been sufficiently made out for an adjustment of the casual rate loading to 25%. An adjustment to that level is not inconsistent with relevant comparable awards having regard to the circumstances of the metals and manufacturing industry and to the wide and diverse use of casual employment in it.
200. We are not persuaded that we should refrain from granting an increase to the loading because of any potential to thereby increase recourse to other types of employment including specific term employment. Such movements are to be expected from time to time. We have sought in our detailed reasoning in this case to develop a rationale about casual employment and its particular incidents that may be capable of application, with such changes as are necessary to other types of employment. In setting each condition, we have given weight to the desirability of not producing different standards or reflecting preference for one type of employment over another. Our reasoning is founded upon the view that provision for a type of employment should open the way to its use. If a differential incident is justified, it may need to be provided. Unless it is, the broad principle we have sought to apply is to attempt to translate the standard conditions of the Award to achieve a fair and reasonable balance between the main types of employment.
14 Following the Metal, Engineering and Associated Industries Award decision, a 25% loading was adopted by the Commission in the Metal Trades (General) Award 1996: The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers – Western Australian Branch and The Communications, Electrical, Electronic, And Energy Information, Postal, PL v Anodisers W.A. [2006] WAIRC 04600; (2006) 86 WAIG 2537. The Commission in Court Session considered 25% fairly compensated for the value of annual leave, leave loading, sick leave, public holidays and termination benefits.
15 AIRC Full Benches also followed suit in relation to the pastoral industry and in a number of other Federal awards: see Re Request from Minister for Employment and Workplace Relations 28 March 2008 [2008] AIRCFB 1000; (2008) 177 IR 364 at [49]. The AIRC Full Bench observed that at that time there remained great variation in casual loadings across Notional Agreements Preserving State Awards and Federal awards citing examples of a 25% loading being common in the manufacturing industry, 15% - 25% in the retail industry, 25% being common but not universal in the hospitality industry and 33.3% and greater loadings being contained in a number of pre-reform awards. The Full Bench considered it desirable to standardise casual loading to 25%.
16 In the Fair Work Commission’s last annual wage review, the Full Bench left the casual loading rate for award and agreement free employees at 25%: Re Annual Wage Review 2023-24 [2024] FWCFB 3500; (2024) 331 IR 248 at [152].
17 We note that on 16 August 2024, the Queensland Industrial Relations Commission Full Bench issued a General Ruling increasing casual loading rates from 23% to 25%: Queensland Council of Unions v State of Queensland (Office of Industrial Relations) [2024] QIRC 201.
Parties’ Submissions
18 UnionsWA told the Commission in Court Session that it had identified 83 private and local government sector awards that provide for casual employment and contain rates of pay that, when combined with the casual loading specified in that award, is below the amount which the employee is entitled to be paid under s 11 of the MCE Act.
19 UnionsWA described the result of this anomaly as:
a. The awards contained conditions of employment that are less favourable than those provided by the MCE Act;
b. In practice, in some industries subject to single awards, there will be multiple casual loading percentages that apply in order to meet the minimum. That is, some casual rates will be calculated under s 11 of the MCE Act and others will be calculated by applying the relevant award;
c. For some awards this will cause a flattening for casual employees where despite the award containing different rates for different classifications, some or all classifications will in effect have the same rate of pay for casual employees.
20 UnionsWA had further identified two private sector awards which provide for casual employment but do not include a casual loading term. The result in these cases is that casual workers under those awards are only entitled to the minimum casual rate under the MCE Act and so may not be fairly compensated. We note that this is not an effect created by the increase in the casual loading rate under the MCE Act, but is a pre-existing anomaly.
21 UnionsWA says that it is in the interests of fairness and efficiency for a General Order to issue applying to all 119 private and local government sector awards that either provide for a casual loading lower than 25% or provide for casual employment that did not include a casual loading term. Only addressing the rates of pay that will be below the entitlement under the MCE Act would have an inequitable impact and create compliance challenges for employers. It would also create the loss of existing relativities between casual wages across the awards.
22 UnionsWA provided examples of how the anomaly operates by reference to particular awards. These examples demonstrate that in some instances, casual employees across different classifications would be entitled to the same rate of pay, in other instances, casual employee loading rates might start at 25% and drop to 20% as they progress through classifications. These impacts are, simply, inequitable.
23 UnionsWA points out that because Western Australia is the only jurisdiction not to have referred legislative powers for industrial relations to the Commonwealth, casual private sector employees in Western Australia are the only casual employees in the nation not to receive a 25% casual loading.
24 UnionsWA submits that its application supports the objects of the IR Act, in particular:
a. To facilitate the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises: s 6(a)(f); and
b. to provide a system of fair wages and conditions of employment: s 6(c)(a).
25 UnionsWA submits that its application is consistent with the requirements of s 26(1) of the IR Act including the requirement for the Commission to have regard to the interests of persons affected by Commission decisions, the community as a whole and the economy.
26 WALGA noted that proceedings are currently on foot in the Commission in which it has consented to the Municipal Employees (Western Australia) Award 2021 and the Local Government Officers (Western Australia) Award 2021 being varied to increase the casual loading from 20% to 25%. It noted that the effect of the proposed General Order would be to extend the same conditions to other awards that apply in local government. It advised that the awards within the scope of the proposed General Order which may cover local governments and their employees are:
a. Artworkers Award;
b. Aged and Disabled Persons Hostels Award, 1987;
c. Building Trades and Labourers (Construction) Award;
d. Building Trades and Labourers (General) Award;
e. Child care (Out of School Care - Playleaders) Award;
f. Child care (Subsidised Centres) Award;
g. Cleaners and Caretakers Award, 1969 and;
h. Nurses (Day Care Centres) Award, 1984.
27 The Chamber submitted that State awards need reform following changes to the MCE Act effected by the Industrial Relations Amendment Act 2024 (WA). It submitted that it is now more difficult for employers, particularly the smallest employers, to comply with entitlements as the anomaly creates two potential casual loading rates for employers to navigate. This is contrary to the objects of the IR Act in s 6(a)(f) and should be rectified.
28 The Chamber submitted that while employers will bear additional operating costs as a result of any General Order issuing, in the absence of a General Order employers will incur administrative costs associated with the current arrangement, whereby employers have to navigate different casual loading rates between the awards and the MCE Act.
29 The Minister’s submissions endorsed UnionsWA’s and the Chamber’s submissions. In particular, the Minister noted that casual rates of pay in awards that fall below the State minimum casual rate will be overridden from 31 January 2025 having the effect that some award casual rates of pay for different classifications for employees will be the same or very similar. In the short term this will eliminate or reduce relativities between different casual rates, undermining the skill-based classification systems applying in those awards.
30 The Minister’s submissions pointed out that two casual loading rates of pay means additional administration costs to employers.
31 The Minister also noted the increased chance of employees being inadvertently underpaid because State awards will not have been updated to reflect the new State minimum wage for casual employees. The Minister submits that establishing a 25% casual loading as the minimum standard for private sector State awards would help to ensure greater consistency between the casual loadings in those awards and the prescribed percentage for casual rates of pay and the MCE Act and therefore aid in compliance. It would also assist in creating a more level playing field for State and National system employers and employees.
Consideration
32 Under s 50(2) of the IR Act, UnionsWA has standing to apply to the Commission for a General Order relating to an industrial matter.
33 The proposed General Order relates to an industrial matter for the purpose of s 50(2).
34 The Commission may make a General Order limited to employees who are employed under and subject to awards: s 50(3)(a). Such an order may be limited to awards specified in the General Order: s 50(4).
35 The provisions of s 50(5), s 50(6), s 50(7) and s 51B of the IR Act do not apply to this application.
36 Notice of the initial hearing of the application was given in accordance with s 51BA(1) and published as required by s 51BA(1)(b) in the January 2025 Industrial Gazette and on the Commission’s website.
37 We are satisfied that, for the reasons advanced by all of the parties, it is appropriate to make a General Order in the terms sought by UnionsWA with three minor variations. We are satisfied that the issue of a General Order is consistent with the IR Act’s objects of facilitating the efficient organisation and performance of work according to the needs of industry and enterprises within it, balanced with fairness to employees, and providing a system of fair wages and conditions of employment. In particular, the General Order will:
a. Ensure awards do not contain casual rates of pay that are below the statutory minimum rates for casual employees;
b. Better align State system employers and employees with those operating under the National system so that State system employees who are employed as casuals are not comparatively disadvantaged;
c. Reduce the administrative burden on employers in applying casual rates of pay;
d. Encourage compliance with minimum conditions;
e. Provide greater consistency for local governments where multiple awards apply; and
f. Remove the flattening effect on relativities created by the increase to the statutory minimum casual rate of pay, ensuring that casual employees are fairly paid in recognition of their skills and classifications.
38 The minor variations we make to the General Order as sought is to remove the Performers Live Award 1993 from the Schedule attached to the General Order, which lists the awards affected by the General Order. From 1 January 2025, the Performers Live Award 1993 was renamed the Live Performance Award (WA) and contains 25% minimum casual loadings: Review of the Performers Live Award (WA) 1993 Pursuant to s 40B of the Industrial Relations Act 1979 (WA) (2025) WAIRC 00011; (2025) 105 WAIG 55. We have also amended awards 16 and 17 of the Awards List to reflect these awards’ current titles, namely the: Building Trades and Labourers (Construction) Award and the Building Trades and Labourers (General) Award.

Date of Commencement of the General Order
39 UnionsWA has proposed that the General Order take effect on and from the date that it is issued. It submits that the anomalies ought to be rectified as soon as is practicable. It notes that previous General Orders which have established minimum rates of pay in awards have taken effect from the first pay period following the orders’ issue: see 2008 General Order Re Minimum Award Wages in Some Awards [2008] WAIRC 00327; (2008) 88 WAIG 514 and 2007 General Order Re Minimum Award Wages in Some Awards [2007] WAIRC 00382; (2007) 87 WAIG 735) to establish wage structures for school based and part time apprentices. It also notes that the State Wage Case (SWC) determinations have taken effect within periods of 3 to 14 days of their date of issue.
40 The Minister did not advance a position in relation to the date of effect of any order.
41 The Chamber proposed an operative date which is concurrent with the 2025 SWC General Order. It advanced this position for three reasons. First because the types of employers impacted by the changes are likely to be small employers and often do not have a human resources team to keep abreast of substantial changes to the industrial relations system. Such employers are also the ones most likely to be impacted by any change affected by the 2025 SWC. They are more likely to be attuned to the increase as a result of SWC, being accustomed to the SWC cycle and a General Order issued outside the SWC timeframe is less likely to come to their attention.
42 Relatedly, the Chamber says a single date for adjustments for both the SWC and a casual loading General Order will also minimise the administrative load on employers.
43 Finally, the Chamber says that concurrency with the SWC order will result in a more efficient use of the Commission’s, the Department of the Registrar, of the Western Australian Industrial Relations Commission’s and the Department of Energy, Mines, Industry Regulation and Safety’s resources, if the process of updating awards and award summaries is concurrent.
44 WALGA advised the Commission in Court Session that it has consulted with its local government members who are respondents to awards named in the application. As a result of this consultation, WALGA submits that any General Order should take effect no earlier than one month from the date it is determined, to allow time for affected local government employers to adjust their payroll and other systems.
45 While we appreciate the Chamber’s consideration of the Commission’s and Departments’ resourcing, we do not consider this is a factor we ought to take into account in determining the timing of a General Order taking effect.
46 We do consider that the timing should be such as to optimise the likelihood of compliance balanced with the desire to deter non-compliance with the statutory minimum rates by allowing confusion and anomalies to prevail longer than is necessary. The SWC is not due to be determined until before 1 July 2025. That could be a point in time five months after the commencement of the increase to the minimum casual rate of pay in the MCE Act. In our view, that is too long a period to allow the current anomalous and confusing position to endure.
47 A one month period following the publication of the General Order under s 51BE of the IR Act, is more appropriate and will provide something of a buffer period to enable affected employers and employees to become informed of the General Order and to make the necessary adjustments to payroll systems.
Conclusion
48 We thank all parties who participated in these proceedings for their helpful written submissions and efficient conduct of this matter. Special thanks to UnionsWA for its careful consideration of the terms of the proposed General Order.
49 We will issue a General Order in the terms of the attached schedule.

SCHEDULE

1.- APPLICATION

1. This General Order applies to casual employees subject to the awards cited in the attached Awards List.

2. Where an industrial instrument contains a term provided for in this General Order that is more beneficial to an employee, then the more beneficial term shall apply. Otherwise, where there is a conflict between the terms of an industrial instrument and this General Order, the terms of this General Order shall apply.

3. This General Order shall operate on and from 26 April 2025 and shall continue indefinitely unless later rescinded by the Commission.

2.- DEFINITIONS

4. In this General Order, the term casual loading means the payment made in addition to a casual employee’s hourly pay rate in lieu of personal leave and annual leave entitlements.

3.- CASUAL LOADING

5. Where a term in an award cited in the attached Awards List provides for a casual loading lower than 25 per cent, then a minimum casual loading of 25 per cent shall instead apply.

6. Where a casual employee is covered by an award cited in the attached Awards List that provides for casual employment but does not include a casual loading term, then a casual loading of 25 per cent shall apply.



AWARDS LIST

1. Aboriginal Communities and Organisations Western Australian Interim Award 2011
2. Aboriginal Medical Service Employees' Award
3. Aerated Water and Cordial Manufacturing Industry Award 1975
4. Aged and Disabled Persons Hostels Award, 1987
5. Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979
6. Ambulance Service Employees' Award, 1969
7. Animal Welfare Industry Award
8. Artworkers Award
9. Bag, Sack and Textile Award
10. Bakers' (Country) Award No. 18 of 1977
11. Bakers' (Metropolitan) Award No. 13 of 1987
12. Bespoke Bootmakers' and Repairers' Award No. 4 of 1946
13. Brick Manufacturing Award 1979
14. Brushmakers' Award No. 30 of 1959
15. Building and Engineering Trades (Nickel Mining and Processing) Award, 1968
16. Building Trades and Labourers (Construction) Award
17. Building Trades and Labourers (General) Award
18. Case and Box Makers' Award, 1952
19. Child Care (Lady Gowrie Child Centre) Award
20. Child Care (Out of School Care - Playleaders) Award
21. Child Care (Subsidised Centres) Award
22. Children's Services (Private) Award 2006
23. Children's Services Consent Award 1984
24. Cleaners and Caretakers (Car and Caravan Parks) Award 1975
25. Cleaners and Caretakers Award, 1969
26. Clerks' (Hotels, Motels and Clubs) Award 1979
27. Contract Cleaners Award, 1986
28. Crisis Assistance, Supported Housing Industry - Western Australian Interim Award 2011
29. Dairy Factory Workers' Award 1982
30. Deckhands (Passenger Ferries, Launches and Barges) Award
31. Dental Technicians' and Attendant/Receptionists' Award, 1982
32. Draughtsmen's, Tracers', Planners' and Technical Officers' Award 1979
33. Dried Vine Fruits Industry Award, 1951
34. Drum Reclaiming Award
35. Dry Cleaning and Laundry Award 1979
36. Earth Moving and Construction Award
37. Egg Processing Award 1978
38. Electrical Contracting Industry Award R 22 of 1978
39. Electrical Trades (Security Alarms Industry) Award, 1980
40. Electronics Industry Award No. A 22 of 1985
41. Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973
42. Engine Drivers' (General) Award
43. Engine Drivers' (Gold Mining) Consolidated Award, 1979
44. Engine Drivers' (Nickel Mining) Award 1968
45. Engine Drivers' Minerals Production (Salt) Industry Award, 1970
46. Family Day Care Co-Ordinators' and Assistants' Award, 1985
47. Farm Employees' Award 1985
48. Food Industry (Food Manufacturing or Processing) Award
49. Fruit and Produce Market Employees Award No. 50 of 1955
50. Fruit Growing and Fruit Packing Industry Award
51. Funeral Directors' Assistants' Award No. 18 of 1962
52. Furniture Trades Industry Award
53. Gate, Fence and Frames Manufacturing Award
54. Hair and Beauty Industry (WA) Award
55. Health Attendants Award, 1979
56. Horticultural (Nursery) Industry Award No. 30 of 1980
57. Hospital Salaried Officers (Dental Therapists) Award, 1980
58. Industrial Spraypainting and Sandblasting Award
59. Iron Ore Production & Processing (Locomotive Drivers Rio Tinto Railway) Award 2006
60. Iron Ore Production & Processing (Locomotive Drivers) Award 2006
61. Landscape Gardening Industry Award
62. Laundry Workers' Award, 1981
63. Licensed Establishments (Retail and Wholesale) Award 1979
64. Local Government Officers’ (Western Australia) Award 2021
65. Marine Stores Award
66. Masters, Mates and Engineers Passenger Ferries Award
67. Mineral Sands Industry Award 1991
68. Miscellaneous Workers' (Activ Foundation) Award
69. Monumental Masonry Industry Award, 1989
70. Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection) Industry Award No. 29 of 1980
71. Municipal Employees (Western Australia) Award 2021
72. Musicians' General (State) Award 1985
73. Nurses' (Aboriginal Medical Services) Award No. A 23 of 1987
74. Nurses (Child Care Centres) Award 1984
75. Nurses' (Day Care Centres) Award
76. Nurses' (Independent Schools) Award
77. Optical Mechanics' Award, 1971
78. Particle Board Employees' Award, 1964
79. Particle Board Industry Award No. 10 of 1978
80. Pastrycooks' Award No. 24 of 1981
81. Pest Control Industry Award
82. Photographic Industry Award, 1980
83. Pipe, Tile and Pottery Manufacturing Industry Award
84. Plaster, Plasterglass and Cement Workers' Award No. A 29 of 1989
85. Plywood and Veneer Workers Award
86. Plywood and Veneer Workers' Award, 1952
87. Poultry Breeding Farm & Hatchery Workers' Award 1976
88. Printing Award
89. Prospector and AvonLink on Train Customer Service Officers Award
90. Quadriplegic Centre Award
91. Quarry Workers' Award, 1969
92. Radio and Television Employees' Award
93. Retail Pharmacists' Award 2004
94. Rock Lobster and Prawn Processing Award 1978
95. Rope and Twine Workers' Award
96. Saddlers and Leatherworkers' Award
97. Saw Servicing Establishments Award No. 17 of 1977
98. Security Officers' Award
99. Sheet Metal Workers' Award No. 10 of 1973
100. Show Grounds Maintenance Worker's Award
101. Soap and Allied Products Manufacturing Award
102. Social and Community Services (Western Australia) Interim Award 2011
103. Social Trainers and Assistant Supervisors' (Activ Foundation) Award
104. Soft Furnishings Award
105. Teachers' Aides' (Independent Schools) Award 1988
106. Thermal Insulation Contracting Industry Award
107. Timber Workers Award No. 36 of 1950
108. Timber Yard Workers Award No. 11 of 1951
109. Training Assistants' and Community Support Staff (Cerebral Palsy Association) Award 1987
110. Transport Workers (General) Award No. 10 of 1961
111. Transport Workers (Mobile Food Vendors) Award 1987
112. Transport Workers' (Passenger Vehicles) Award
113. Transport Workers’ (North West Passenger Vehicles) Award, 1988
114. Vehicle Builders' Award 1971
115. Watchmakers' and Jewellers' Award, 1970
116. Western Australian Professional Engineers (General Industries) Award 2004
117. Wine Industry (WA) Award 2005
118. Wool, Hide and Skin Store Employees' Award No. 8 of 1966
UnionsWA Incorporated -v- (Not Applicable), Western Australian Local Government Association, Australian Resources and Energy Employer Association, Chamber of Commerce and Industry of WA, Minister for Industrial Relations

APPLICATION FOR A GENERAL ORDER FOR CASUAL EMPLOYEES SUBJECT TO SPECIFIED AWARDS

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

CITATION : 2025 WAIRC 00129

 

CORAM

: COMMISSION IN COURT SESSION

Senior Commissioner R Cosentino

 Commissioner T Emmanuel

 Commissioner T B Walkington

 

HEARD

:

on the papers

Last SUBMISSIONS DUE 12 FEBRUARY 2025

 

DELIVERED : friday, 28 February 2025

 

FILE NO. : CICS 7 OF 2024

 

BETWEEN

:

UnionsWA Incorporated

Applicant

 

AND

 

(Not applicable)

Respondent

 

AND

 

CHAMBER OF COMMERCE AND INDUSTRY OF WA

 

MINISTER FOR INDUSTRIAL RELATIONS

 

WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION  

Others

 

CatchWords : Industrial Law (WA) Minimum rates of pay for casual employees Casual loading in awards Application for a General Order that award casual loading be no less than 25% Where awards contain rates of pay that are below the amount entitled under the Minimum Conditions of Employment Act 1993 – Where the General Order is not opposed by any party Issue in contention is when the General Order ought to take effect Determination that the  General Order is consistent with the objects of the Industrial Relations Act General Order issued

Legislation : Industrial Relations Amendment Act 2024 (WA)
Industrial Relations Act 1979 (WA)
Labour Relations Reform Act 2002 (WA) 
Minimum Conditions of Employment Act 1993 (WA)     

Result : General Order Issued

Representation:

 


 

Mr G Hansen on behalf of the applicant

 

Mr C Harding on behalf of the Chamber of Commerce and Industry of WA

 

Mr B Entrekin on behalf of the Honourable Minister for Industrial Relations

 

Ms J Love and Ms D Ostrawska on behalf of the Western Australian Local Government Association

 

Case(s) referred to in reasons:

2007 General Order Re Minimum Award Wages in Some Awards [2007] WAIRC 00382; 87 WAIG 735

2008 General Order Re Minimum Award Wages in Some Awards [2008] WAIRC 00327; (2008) 88 WAIG 514

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Re Metal, Engineering and Associated Industries Award 1988 (2000) AIRC 722

Queensland Council of Unions v State of Queensland (Office of Industrial Relations) [2024] QIRC 201

Re Annual Wage Review 2023-24 [2024] FWCFB 3500; (2024) 331 IR 248

Re Request from Minister for Employment and Workplace Relations 28 March 2008 [2008] AIRCFB 1000; (2008) 177 IR 364

Review of Performers Live Award (WA) 1993 Pursuant to s 40B of the Industrial Relations Act 1979 (WA); [2025] WAIRC 00011; (2025) 105 WAIG 55.

The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers – Western Australian Branch and The Communications, Electrical, Electronic, And Energy Information, Postal, PL v Anodisers W.A. [2006] WAIRC 04600; (2006) 86 WAIG 2537


Reasons for Decision

THE COMMISSION IN COURT SESSION

1         On 31 January 2025, amendments to the minimum rate of pay for casual employees in s 11 of the Minimum Conditions of Employment Act 1993 (WA) (MCE Act) came into effect: Industrial Relations Legislation Amendment Act 2024 (WA) s 113. That amendment increased the minimum casual rate of pay from 20% to 25% of the statutory minimum rate of pay set under section 12 of the MCE Act and s 50A(1)(a)(i) of the Industrial Relations Act 1979 (WA) (IR Act).

2         Many awards made under the IR Act contain a casual loading rate of 20% or are silent in relation to casual rates of pay. This means that there are some awards containing casual rates of pay that are now below the amount employees are entitled to be paid under s 11 of the MCE Act.

3         Having identified this anomaly, UnionsWA applied to the Western Australian Industrial Relations Commission for a General Order under s 50 of the IR Act to ensure that all awards provide for a casual loading of at least 25% of the ordinary rate for the relevant classification in the award.

4         The Chamber of Commerce and Industry of Western Australia, the Minister for Industrial Relations, and the Western Australian Local Government Association (WALGA) took part in these proceedings.

5         The application was not opposed.

6         The parties agreed that the application be determined on the papers.

7         In determining the application, the Commission in Court Session has had regard to the grounds set out in UnionsWA’s application, the submissions contained in the responses filed by the Chamber, the Minister and WALGA; UnionsWA’s further written submissions and WALGA’s further written submissions.

8         The only contentious issue between the parties concerned the date any General Order is to take effect.

9         For the reasons that follow, we are satisfied that a General Order should issue in the terms proposed by UnionsWA to take effect from 26 April 2025.

Background

10      Casual rates of pay are commonly calculated by reference to a percentage loading applied to the ordinary rates of pay that would otherwise be paid to a ‘permanent’ employee. The casual loading is to take into account paid entitlements that casual employees do not receive but which ‘permanent’ employees do. Precisely which entitlements are foregone may vary across industries and occupations but generally include different types of leave and the entitlement to advance notice of the employment ending.

11      When the MCE Act was first enacted, s 12 provided that a casual employee was entitled to be paid 15% more than the statutory minimum weekly rate of pay. The casual loading rate was increased to 20% in 2002: Labour Relations Reform Act 2002 (WA), s 167. At that time, it was still common for both Federal and State awards to specify a casual loading rate of 20%.

12      In the decades since, 25% has become a more common casual loading rate. For the vast majority of employees who fall under the Federal industrial relations system, the loading rate specified in all modern awards and the National Employment Standards is 25%.

13      The historical reasons for the increase to casual loading rates can probably be traced to the Australian Industrial Relations Commission (AIRC) decision in Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Re Metal, Engineering and Associated Industries Award 1988 (2000) AIRC 722 (Metal, Engineering and Associated Industries Award decision). In that case, the casual loading rate in the Metal, Engineering and Associated Industries Award 1988 was increased to 25% with the Full Bench’s reasons being stated at paragraphs [196] - [200] (footnotes omitted):

196. For the reasons we have given in the preceding Sections, we are satisfied that paid leave; long service leave; and a component covering differential entitlement to notice of termination of employment and employment by the hour effects, should constitute the main components to be assessed in determining casual loading for the Award.

197. In the table below, we have attempted a comparison of the relative annual costs to the employer. It is expressed as working days paid for. It covers three main types of ordinary hours, day work employment for certain components. We have included in the calculation also a progressive ratio of what we estimate to be the relative advantage of a full-time worker in days paid for over a casual employee.

Working Days Paid Comparison

Component

Days

Full-Time

Fixed Term

Casual

Total working days:

260

260

260

260

Less days not worked: public holidays:

(10)

 

 

250

Less days sick/personal: leave average used

(6) (a)

 

 

244

RATIO A

 

 

 

106.5%

Vested entitlements payable on completion of 260 days

Leave:

(20)

280

280

244

Leave loading:

(3.5)

283.5

283.5

244

RATIO B

 

 

 

116.8%

Vested contingent benefits

Accrued personal leave:

(4) (b)

287.5

283.5

 

Long service leave

(4.3) (c)

291.8

283.5

 

RATIO C

 

 

 

119.6%

Notice of termination and employment by the hour effects:

Contingent benefit applicable to employment terminated on last day of work

(1 week notice or payment in lieu)

296.8

283.5

244

RATIO D

 

 

 

121.6%

OR

Short time worked or paid hours differential determent:

Norm for casual working hours in industry = 36.1 hours per week i.e. 95% of 38 hour standard (d)

 

291.8

283.5

231.8

RATIO E          125.88%

198. That form of calculation is but one of a number which might be used to demonstrate points and costing effects or estimates. For the reasons we have given, we are not persuaded that an exact or precise quantification of different components should be welded on to the determination of the casual rate loading. We are satisfied that the existing loading is substantially exhausted in compensating for the potential liability for paid leave entitlements applicable to other relevant types of employment. The changed access to some forms of personal leave since the last adjustment in 1974, and the substantially differential access to notice of termination for weekly (now full-time) employees in conjunction with the reintroduction of an employment by the hour effect for casual employees, justify some additional loading. Our view in that respect is reinforced by what we have broadly categorised as the notice of termination and employment by the hour effects. Even a minimal quantification of an addition to the loading for that component would be sufficient to make out a relatively compelling case for an increase to the existing level of the loading.

199. Having regard to all relevant circumstances applying to the loadings for casual employees under the Award, we are satisfied that a special case has been sufficiently made out for an adjustment of the casual rate loading to 25%. An adjustment to that level is not inconsistent with relevant comparable awards having regard to the circumstances of the metals and manufacturing industry and to the wide and diverse use of casual employment in it.

200. We are not persuaded that we should refrain from granting an increase to the loading because of any potential to thereby increase recourse to other types of employment including specific term employment. Such movements are to be expected from time to time. We have sought in our detailed reasoning in this case to develop a rationale about casual employment and its particular incidents that may be capable of application, with such changes as are necessary to other types of employment. In setting each condition, we have given weight to the desirability of not producing different standards or reflecting preference for one type of employment over another. Our reasoning is founded upon the view that provision for a type of employment should open the way to its use. If a differential incident is justified, it may need to be provided. Unless it is, the broad principle we have sought to apply is to attempt to translate the standard conditions of the Award to achieve a fair and reasonable balance between the main types of employment.

14      Following the  Metal, Engineering and Associated Industries Award decision, a 25% loading was adopted by the Commission in the Metal Trades (General) Award 1996: The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers – Western Australian Branch and The Communications, Electrical, Electronic, And Energy Information, Postal, PL v Anodisers W.A. [2006] WAIRC 04600; (2006) 86 WAIG 2537. The Commission in Court Session considered 25% fairly compensated for the value of annual leave, leave loading, sick leave, public holidays and termination benefits.

15      AIRC Full Benches also followed suit in relation to the pastoral industry and in a number of other Federal awards: see Re Request from Minister for Employment and Workplace Relations 28 March 2008 [2008] AIRCFB 1000; (2008) 177 IR 364 at [49]. The AIRC Full Bench observed that at that time there remained great variation in casual loadings across Notional Agreements Preserving State Awards and Federal awards citing examples of a 25% loading being common in the manufacturing industry, 15% - 25% in the retail industry, 25% being common but not universal in the hospitality industry and 33.3% and greater loadings being contained in a number of pre-reform awards. The Full Bench considered it desirable to standardise casual loading to 25%.

16      In the Fair Work Commission’s last annual wage review, the Full Bench left the casual loading rate for award and agreement free employees at 25%: Re Annual Wage Review 2023-24 [2024] FWCFB 3500; (2024) 331 IR 248 at [152].

17      We note that on 16 August 2024, the Queensland Industrial Relations Commission Full Bench issued a General Ruling increasing casual loading rates from 23% to 25%: Queensland Council of Unions v State of Queensland (Office of Industrial Relations) [2024] QIRC 201.

Parties’ Submissions

18      UnionsWA told the Commission in Court Session that it had identified 83 private and local government sector awards that provide for casual employment and contain rates of pay that, when combined with the casual loading specified in that award, is below the amount which the employee is entitled to be paid under s 11 of the MCE Act.

19      UnionsWA described the result of this anomaly as:

a. The awards contained conditions of employment that are less favourable than those provided by the MCE Act;

b. In practice, in some industries subject to single awards, there will be multiple casual loading percentages that apply in order to meet the minimum. That is, some casual rates will be calculated under s 11 of the MCE Act and others will be calculated by applying the relevant award;

c. For some awards this will cause a flattening for casual employees where despite the award               containing different rates for different classifications, some or all classifications will in effect have the same rate of pay for casual employees.

20      UnionsWA had further identified two private sector awards which provide for casual employment but do not include a casual loading term. The result in these cases is that casual workers under those awards are only entitled to the minimum casual rate under the MCE Act  and so may not be fairly compensated. We note that this is not an effect created by the increase in the casual loading rate under the MCE Act, but is a pre-existing anomaly.

21      UnionsWA says that it is in the interests of fairness and efficiency for a General Order to issue applying to all 119 private and local government sector awards that either provide for a casual loading lower than 25% or provide for casual employment that did not include a casual loading term. Only addressing the rates of pay that will be below the entitlement under the MCE Act would have an inequitable impact and create compliance challenges for employers. It would also create the loss of existing relativities between casual wages across the awards.

22      UnionsWA provided examples of how the anomaly operates by reference to particular awards. These examples demonstrate that in some instances, casual employees across different classifications would be entitled to the same rate of pay, in other instances, casual employee loading rates might start at 25% and drop to 20% as they progress through classifications. These impacts are, simply, inequitable.

23      UnionsWA points out that because Western Australia is the only jurisdiction not to have referred legislative powers for industrial relations to the Commonwealth, casual private sector employees in Western Australia are the only casual employees in the nation not to receive a 25% casual loading.

24      UnionsWA submits that its application supports the objects of the IR Act, in particular:

a. To facilitate the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises: s 6(a)(f); and

b.  to provide a system of fair wages and conditions of employment: s 6(c)(a).

25      UnionsWA submits that its application is consistent with the requirements of s 26(1) of the IR Act including the requirement for the Commission to have regard to the interests of persons affected by Commission decisions, the community as a whole and the economy.

26      WALGA noted that proceedings are currently on foot in the Commission in which it has consented to the Municipal Employees (Western Australia) Award 2021 and the Local Government Officers (Western Australia) Award 2021 being varied to increase the casual loading from 20% to 25%. It noted that the effect of the proposed General Order would be to extend the same conditions to other awards that apply in local government. It advised that the awards within the scope of the proposed General Order which may cover local governments and their employees are:

a. Artworkers Award;

b. Aged and Disabled Persons Hostels Award, 1987;

c. Building Trades and Labourers (Construction) Award;

d. Building Trades and Labourers (General) Award;

e. Child care (Out of School Care - Playleaders) Award;

f. Child care (Subsidised Centres) Award;

g. Cleaners and Caretakers Award, 1969 and;

h. Nurses (Day Care Centres) Award, 1984.

27      The Chamber submitted that State awards need reform following changes to the MCE Act effected by the Industrial Relations Amendment Act 2024 (WA). It submitted that it is now more difficult for employers, particularly the smallest employers, to comply with entitlements as the anomaly creates two potential casual loading rates for employers to navigate. This is contrary to the objects of the IR Act in s 6(a)(f) and should be rectified.

28      The Chamber submitted that while employers will bear additional operating costs as a result of any General Order issuing, in the absence of a General Order employers will incur administrative costs associated with the current arrangement, whereby employers have to navigate different casual loading rates between the awards and the MCE Act.

29      The Minister’s submissions endorsed UnionsWA’s and the Chamber’s submissions. In particular, the Minister noted that casual rates of pay in awards that fall below the State minimum casual rate will be overridden from 31 January 2025 having the effect that some award casual rates of pay for different classifications for employees will be the same or very similar. In the short term this will eliminate or reduce relativities between different casual rates, undermining the skill-based classification systems applying in those awards.

30      The Minister’s submissions pointed out that two casual loading rates of pay means additional administration costs to employers.

31      The Minister also noted the increased chance of employees being inadvertently underpaid because State awards will not have been updated to reflect the new State minimum wage for casual employees. The Minister submits that establishing a 25% casual loading as the minimum standard for private sector State awards would help to ensure greater consistency between the casual loadings in those awards and the prescribed percentage for casual rates of pay and the MCE Act and therefore aid in compliance. It would also assist in creating a more level playing field for State and National system employers and employees.

Consideration

32      Under s 50(2) of the IR Act, UnionsWA has standing to apply to the Commission for a General Order relating to an industrial matter.

33      The proposed General Order relates to an industrial matter for the purpose of s 50(2).

34      The Commission may make a General Order limited to employees who are employed under and subject to awards: s 50(3)(a). Such an order may be limited to awards specified in the General Order: s 50(4).

35      The provisions of s 50(5), s 50(6), s 50(7) and s 51B of the IR Act do not apply to this application.

36      Notice of the initial hearing of the application was given in accordance with s 51BA(1) and published as required by s 51BA(1)(b) in the January 2025 Industrial Gazette and on the Commission’s website.

37      We are satisfied that, for the reasons advanced by all of the parties, it is appropriate to make a General Order in the terms sought by UnionsWA with three minor variations. We are satisfied that the issue of a General Order is consistent with the IR Act’s objects of facilitating the efficient organisation and performance of work according to the needs of industry and enterprises within it, balanced with fairness to employees, and providing a system of fair wages and conditions of employment. In particular, the General Order will:

a. Ensure awards do not contain casual rates of pay that are below the statutory minimum rates for casual employees;

b. Better align State system employers and employees with those operating under the National system so that State system employees who are employed as casuals are not comparatively disadvantaged;

c. Reduce the administrative burden on employers in applying casual rates of pay;

d. Encourage compliance with minimum conditions;

e. Provide greater consistency for local governments where multiple awards apply; and

f. Remove the flattening effect on relativities created by the increase to the statutory minimum casual rate of pay, ensuring that casual employees are fairly paid in recognition of their skills and classifications.

38      The minor variations we make to the General Order as sought is to remove the Performers Live Award 1993 from the Schedule attached to the General Order, which lists the awards affected by the General Order. From 1 January 2025, the Performers Live Award 1993 was renamed the Live Performance Award (WA) and contains 25% minimum casual loadings: Review of the Performers Live Award (WA) 1993 Pursuant to s 40B of the Industrial Relations Act 1979 (WA) (2025) WAIRC 00011; (2025) 105 WAIG 55. We have also amended awards 16 and 17 of the Awards List to reflect these awards’ current titles, namely the: Building Trades and Labourers (Construction) Award and the Building Trades and Labourers (General) Award. 

 

Date of Commencement of the General Order

39      UnionsWA has proposed that the General Order take effect on and from the date that it is issued. It submits that the anomalies ought to be rectified as soon as is practicable. It notes that previous General Orders which have established minimum rates of pay in awards have taken effect from the first pay period following the orders’ issue: see 2008 General Order Re Minimum Award Wages in Some Awards [2008] WAIRC 00327; (2008) 88 WAIG 514 and 2007 General Order Re Minimum Award Wages in Some Awards [2007] WAIRC 00382; (2007) 87 WAIG 735) to establish wage structures for school based and part time apprentices. It also notes that the State Wage Case (SWC) determinations have taken effect within periods of 3 to 14 days of their date of issue.

40      The Minister did not advance a position in relation to the date of effect of any order.

41      The Chamber proposed an operative date which is concurrent with the 2025 SWC General Order. It advanced this position for three reasons. First because the types of employers impacted by the changes are likely to be small employers and often do not have a human resources team to keep abreast of substantial changes to the industrial relations system. Such employers are also the ones most likely to be impacted by any change affected by the 2025 SWC. They are more likely to be attuned to the increase as a result of SWC, being accustomed to the SWC cycle and a General Order issued outside the SWC timeframe is less likely to come to their attention.

42      Relatedly, the Chamber says a single date for adjustments for both the SWC and a casual loading General Order will also minimise the administrative load on employers.

43      Finally, the Chamber says that concurrency with the SWC order will result in a more efficient use of the Commission’s, the Department of the Registrar, of the Western Australian Industrial Relations Commission’s and the Department of Energy, Mines, Industry Regulation and Safety’s resources, if the process of updating awards and award summaries is concurrent.

44      WALGA advised the Commission in Court Session that it has consulted with its local government members who are respondents to awards named in the application. As a result of this consultation, WALGA submits that any General Order should take effect no earlier than one month from the date it is determined, to allow time for affected local government employers to adjust their payroll and other systems.

45      While we appreciate the Chamber’s consideration of the Commission’s and Departments’ resourcing, we do not consider this is a factor we ought to take into account in determining the timing of a General Order taking effect.

46      We do consider that the timing should be such as to optimise the likelihood of compliance balanced with the desire to deter non-compliance with the statutory minimum rates by allowing confusion and anomalies to prevail longer than is necessary. The SWC is not due to be determined until before 1 July 2025. That could be a point in time five months after the commencement of the increase to the minimum casual rate of pay in the MCE Act. In our view, that is too long a period to allow the current anomalous and confusing position to endure.

47      A one month period following the publication of the General Order under s 51BE of the IR Act, is more appropriate and will provide something of a buffer period to enable affected employers and employees to become informed of the General Order and to make the necessary adjustments to payroll systems.

Conclusion

48      We thank all parties who participated in these proceedings for their helpful written submissions and efficient conduct of this matter. Special thanks to UnionsWA for its careful consideration of the terms of the proposed General Order.

49      We will issue a General Order in the terms of the attached schedule.


SCHEDULE

 

1.- APPLICATION

 

1.  This General Order applies to casual employees subject to the awards cited in the attached Awards List.

 

2.  Where an industrial instrument contains a term provided for in this General Order that is more beneficial to an employee, then the more beneficial term shall apply. Otherwise, where there is a conflict between the terms of an industrial instrument and this General Order, the terms of this General Order shall apply.

 

3. This General Order shall operate on and from 26 April 2025 and shall continue indefinitely unless later rescinded by the Commission.

 

2.- DEFINITIONS

 

4. In this General Order, the term casual loading means the payment made in addition to a casual employee’s hourly pay rate in lieu of personal leave and annual leave entitlements.

 

3.- CASUAL LOADING

 

5. Where a term in an award cited in the attached Awards List provides for a casual loading lower than 25 per cent, then a minimum casual loading of 25 per cent shall instead apply.

 

6. Where a casual employee is covered by an award cited in the attached Awards List that provides for casual employment but does not include a casual loading term, then a casual loading of 25 per cent shall apply.

 

 


AWARDS LIST

 

1. Aboriginal Communities and Organisations Western Australian Interim Award 2011

2. Aboriginal Medical Service Employees' Award

3. Aerated Water and Cordial Manufacturing Industry Award 1975

4. Aged and Disabled Persons Hostels Award, 1987

5. Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of               1979

6. Ambulance Service Employees' Award, 1969

7. Animal Welfare Industry Award

8. Artworkers Award

9. Bag, Sack and Textile Award

10. Bakers' (Country) Award No. 18 of 1977

11. Bakers' (Metropolitan) Award No. 13 of 1987

12. Bespoke Bootmakers' and Repairers' Award No. 4 of 1946

13. Brick Manufacturing Award 1979

14. Brushmakers' Award No. 30 of 1959

15. Building and Engineering Trades (Nickel Mining and Processing) Award, 1968

16. Building Trades and Labourers (Construction) Award

17. Building Trades and Labourers (General) Award

18. Case and Box Makers' Award, 1952

19. Child Care (Lady Gowrie Child Centre) Award

20. Child Care (Out of School Care - Playleaders) Award

21. Child Care (Subsidised Centres) Award

22. Children's Services (Private) Award 2006

23. Children's Services Consent Award 1984

24. Cleaners and Caretakers (Car and Caravan Parks) Award 1975

25. Cleaners and Caretakers Award, 1969

26. Clerks' (Hotels, Motels and Clubs) Award 1979

27. Contract Cleaners Award, 1986

28. Crisis Assistance, Supported Housing Industry - Western Australian Interim Award 2011

29. Dairy Factory Workers' Award 1982

30. Deckhands (Passenger Ferries, Launches and Barges) Award

31. Dental Technicians' and Attendant/Receptionists' Award, 1982

32. Draughtsmen's, Tracers', Planners' and Technical Officers' Award 1979

33. Dried Vine Fruits Industry Award, 1951

34. Drum Reclaiming Award

35. Dry Cleaning and Laundry Award 1979

36. Earth Moving and Construction Award

37. Egg Processing Award 1978

38. Electrical Contracting Industry Award R 22 of 1978

39. Electrical Trades (Security Alarms Industry) Award, 1980

40. Electronics Industry Award No. A 22 of 1985

41. Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973

42. Engine Drivers' (General) Award

43. Engine Drivers' (Gold Mining) Consolidated Award, 1979

44. Engine Drivers' (Nickel Mining) Award 1968

45. Engine Drivers' Minerals Production (Salt) Industry Award, 1970

46. Family Day Care Co-Ordinators' and Assistants' Award, 1985

47. Farm Employees' Award 1985

48. Food Industry (Food Manufacturing or Processing) Award

49. Fruit and Produce Market Employees Award No. 50 of 1955

50. Fruit Growing and Fruit Packing Industry Award

51. Funeral Directors' Assistants' Award No. 18 of 1962

52. Furniture Trades Industry Award

53. Gate, Fence and Frames Manufacturing Award

54. Hair and Beauty Industry (WA) Award

55. Health Attendants Award, 1979

56. Horticultural (Nursery) Industry Award No. 30 of 1980

57. Hospital Salaried Officers (Dental Therapists) Award, 1980

58. Industrial Spraypainting and Sandblasting Award

59. Iron Ore Production & Processing (Locomotive Drivers Rio Tinto Railway) Award 2006

60. Iron Ore Production & Processing (Locomotive Drivers) Award 2006

61. Landscape Gardening Industry Award

62. Laundry Workers' Award, 1981

63. Licensed Establishments (Retail and Wholesale) Award 1979

64. Local Government Officers’ (Western Australia) Award 2021

65. Marine Stores Award

66. Masters, Mates and Engineers Passenger Ferries Award

67. Mineral Sands Industry Award 1991

68. Miscellaneous Workers' (Activ Foundation) Award

69. Monumental Masonry Industry Award, 1989

70. Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint  Protection) Industry Award No. 29 of 1980

71. Municipal Employees (Western Australia) Award 2021

72. Musicians' General (State) Award 1985

73. Nurses' (Aboriginal Medical Services) Award No. A 23 of 1987

74. Nurses (Child Care Centres) Award 1984

75. Nurses' (Day Care Centres) Award

76. Nurses' (Independent Schools) Award

77. Optical Mechanics' Award, 1971

78. Particle Board Employees' Award, 1964

79. Particle Board Industry Award No. 10 of 1978

80. Pastrycooks' Award No. 24 of 1981

81. Pest Control Industry Award

82. Photographic Industry Award, 1980

83. Pipe, Tile and Pottery Manufacturing Industry Award

84. Plaster, Plasterglass and Cement Workers' Award No. A 29 of 1989

85. Plywood and Veneer Workers Award

86. Plywood and Veneer Workers' Award, 1952

87. Poultry Breeding Farm & Hatchery Workers' Award 1976

88. Printing Award

89. Prospector and AvonLink on Train Customer Service Officers Award

90. Quadriplegic Centre Award

91. Quarry Workers' Award, 1969

92. Radio and Television Employees' Award

93. Retail Pharmacists' Award 2004

94. Rock Lobster and Prawn Processing Award 1978

95. Rope and Twine Workers' Award

96. Saddlers and Leatherworkers' Award

97. Saw Servicing Establishments Award No. 17 of 1977

98. Security Officers' Award

99. Sheet Metal Workers' Award No. 10 of 1973

100. Show Grounds Maintenance Worker's Award

101. Soap and Allied Products Manufacturing Award

102. Social and Community Services (Western Australia) Interim Award 2011

103. Social Trainers and Assistant Supervisors' (Activ Foundation) Award

104. Soft Furnishings Award

105. Teachers' Aides' (Independent Schools) Award 1988

106. Thermal Insulation Contracting Industry Award

107. Timber Workers Award No. 36 of 1950

108. Timber Yard Workers Award No. 11 of 1951

109. Training Assistants' and Community Support Staff (Cerebral Palsy Association) Award 1987

110. Transport Workers (General) Award No. 10 of 1961

111. Transport Workers (Mobile Food Vendors) Award 1987

112. Transport Workers' (Passenger Vehicles) Award

113. Transport Workers’ (North West Passenger Vehicles) Award, 1988

114. Vehicle Builders' Award 1971

115. Watchmakers' and Jewellers' Award, 1970

116. Western Australian Professional Engineers (General Industries) Award 2004

117. Wine Industry (WA) Award 2005

118. Wool, Hide and Skin Store Employees' Award No. 8 of 1966