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: Order
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: 4 Mar 2025
Result: General Order Issued
Citation: 2025 WAIRC 00136
WAIG Reference:
APPLICATION FOR A GENERAL ORDER FOR CASUAL EMPLOYEES SUBJECT TO SPECIFIED AWARDS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES UNIONSWA INCORPORATED
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM COMMISSION IN COURT SESSION
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T EMMANUEL
COMMISSIONER T B WALKINGTON
DATE TUESDAY, 4 MARCH 2025
FILE NO/S CICS 7 OF 2024
CITATION NO. 2025 WAIRC 00136
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 Ostrowska on behalf of the Western Australian Local Government Association
General Order
HAVING heard Mr Hansen on behalf of the applicant, and Mr Harding on behalf of the Chamber of Commerce and Industry of WA, Mr Entrekin on behalf of the Hon. Minister for Industrial Relations and Ms Love and Ms Ostrowska on behalf of the Western Australian Local Government Association, the Commission in Court Session, pursuant to the powers conferred on it by section 50 of the Industrial Relations Act 1979 (WA) hereby makes a General Order in the terms set out in the attached Schedule.
SENIOR COMMISSIONER R COSENTINO
FOR AND ON BEHALF OF THE
COMMISSION IN COURT SESSION
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. Quarry Workers' Award, 1969
91. Radio and Television Employees' Award
92. Retail Pharmacists' Award 2004
93. Rock Lobster and Prawn Processing Award 1978
94. Rope and Twine Workers' Award
95. Saddlers and Leatherworkers' Award
96. Saw Servicing Establishments Award No. 17 of 1977
97. Security Officers' Award
98. Sheet Metal Workers' Award No. 10 of 1973
99. Show Grounds Maintenance Worker's Award
100. Soap and Allied Products Manufacturing Award
101. Social and Community Services (Western Australia) Interim Award 2011
102. Social Trainers and Assistant Supervisors' (Activ Foundation) Award
103. Soft Furnishings Award
104. Teachers' Aides' (Independent Schools) Award 1988
105. Thermal Insulation Contracting Industry Award
106. Timber Workers Award No. 36 of 1950
107. Timber Yard Workers Award No. 11 of 1951
108. Training Assistants' and Community Support Staff (Cerebral Palsy Association) Award 1987
109. Transport Workers (General) Award No. 10 of 1961
110. Transport Workers (Mobile Food Vendors) Award 1987
111. Transport Workers' (Passenger Vehicles) Award
112. Transport Workers’ (North West Passenger Vehicles) Award, 1988
113. Vehicle Builders' Award 1971
114. Watchmakers' and Jewellers' Award, 1970
115. Western Australian Professional Engineers (General Industries) Award 2004
116. Wine Industry (WA) Award 2005
117. Wool, Hide and Skin Store Employees' Award No. 8 of 1966
APPLICATION FOR A GENERAL ORDER FOR CASUAL EMPLOYEES SUBJECT TO SPECIFIED AWARDS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES UnionsWA Incorporated
APPLICANT
-v-
(Not Applicable)
RESPONDENT
CORAM COMMISSION IN COURT SESSION
Senior Commissioner R Cosentino
Commissioner T Emmanuel
Commissioner T B Walkington
DATE TUESday, 4 mARCH 2025
FILE NO/S CICS 7 OF 2024
CITATION NO. 2025 WAIRC 00136
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 Ostrowska on behalf of the Western Australian Local Government Association
General Order
HAVING heard Mr Hansen on behalf of the applicant, and Mr Harding on behalf of the Chamber of Commerce and Industry of WA, Mr Entrekin on behalf of the Hon. Minister for Industrial Relations and Ms Love and Ms Ostrowska on behalf of the Western Australian Local Government Association, the Commission in Court Session, pursuant to the powers conferred on it by section 50 of the Industrial Relations Act 1979 (WA) hereby makes a General Order in the terms set out in the attached Schedule.
SENIOR COMMISSIONER R COSENTINO
FOR AND ON BEHALF OF THE
COMMISSION IN COURT SESSION
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. Quarry Workers' Award, 1969
91. Radio and Television Employees' Award
92. Retail Pharmacists' Award 2004
93. Rock Lobster and Prawn Processing Award 1978
94. Rope and Twine Workers' Award
95. Saddlers and Leatherworkers' Award
96. Saw Servicing Establishments Award No. 17 of 1977
97. Security Officers' Award
98. Sheet Metal Workers' Award No. 10 of 1973
99. Show Grounds Maintenance Worker's Award
100. Soap and Allied Products Manufacturing Award
101. Social and Community Services (Western Australia) Interim Award 2011
102. Social Trainers and Assistant Supervisors' (Activ Foundation) Award
103. Soft Furnishings Award
104. Teachers' Aides' (Independent Schools) Award 1988
105. Thermal Insulation Contracting Industry Award
106. Timber Workers Award No. 36 of 1950
107. Timber Yard Workers Award No. 11 of 1951
108. Training Assistants' and Community Support Staff (Cerebral Palsy Association) Award 1987
109. Transport Workers (General) Award No. 10 of 1961
110. Transport Workers (Mobile Food Vendors) Award 1987
111. Transport Workers' (Passenger Vehicles) Award
112. Transport Workers’ (North West Passenger Vehicles) Award, 1988
113. Vehicle Builders' Award 1971
114. Watchmakers' and Jewellers' Award, 1970
115. Western Australian Professional Engineers (General Industries) Award 2004
116. Wine Industry (WA) Award 2005
117. Wool, Hide and Skin Store Employees' Award No. 8 of 1966