VARIATION OF MINIMUM CASUAL LOADING RATE FOR SPECIFIED AWARDS GENERAL ORDER 2025 WAIRC 00136

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2026 WAIRC 00066

DELIVERED : thursday, 5 February 2026

FILE NO. : CICS 13 OF 2025

Applicant

AND

(Not Applicable)

Respondent

CatchWords : Industrial Law (WA) - General Order under s 50 - Variation of Minimum Casual Loading Rate General Order - Extension of General Order to public sector awards - General Order varied

Legislation : Industrial Relations Act 1979 (WA)

Minimum Conditions of Employment Act 1993 (WA) 

Result : General Order varied

Representation : (on the papers)

Mr G Hansen on behalf of UnionsWA Incorporated

Ms L Reid and Ms R Carbone on behalf of the Government Sector Labour Relations Division of the Department of Local Government, Industry Regulation and Safety

Case(s) referred to in reasons:

Minimum Casual Loading Rate for Specified Awards General Order [2025] WAIRC 00136; (2025) 105 WAIG 419

UnionsWA Incorporated v (not applicable) [2025] WAIRC 00129; (2025) 105 WAIG 411

Reasons for Decision

1         On 4 March 2025, the Commission issued a general order on UnionsWA Incorporated’s application known as the Minimum Casual Loading Rate for Specified Awards General Order [2025] WAIRC 00136; (2025) 105 WAIG 419.

2         The reasons for making the General Order are set out in UnionsWA Incorporated v (not applicable) [2025] WAIRC 00129; (2025) 105 WAIG 411.

3         In short, the General Order was made to ensure that all private sector and local government awards provide for a casual loading rate of at least 25% of the ordinary rate for the relevant classification in the award,  so that the 25% casual loading rate in s 11 of the Minimum Conditions of Employment Act 1993 (WA) (MCE Act) does not create anomalies in the application of the awards, whereby different classifications are paid different casual loading rates in order to satisfy s 11 of the MCE Act.

4         The General Order related only to the private sector and local government awards listed in the General Order’s Awards List.

5         UnionsWA has since applied for a variation of the General Order to extend its effect and coverage to public sector awards. UnionsWA identified 12 public sector awards that provide for casual employment and contain rates of pay that, when combined with the casual loading specified in the award, would be below what casual employees are entitled to be paid under the MCE Act and a further nine public sector awards that provide for casual employment but do not include a casual loading term.

6         The purpose of UnionsWA’s application for variation is to ensure that all casual employees subject to a public sector award are not paid less than the applicable rate of pay set out in the relevant award plus a minimum casual loading of 25%.

7         There are 48 public sector awards which would be the subject of the General Order if the variation is permitted. 

8         The Commission gave notice of this application to the Chamber of Commerce and Industry of Western Australia, the Minister for Industrial Relations and to the Executive Director, Government Sector Labor Relations Division of the Department of Local Government and Industry Regulation and Safety (GSLR). The Executive Director of GSLR is authorised by Premier’s Circular 16 of 2025 to coordinate and manage Western Australian public sector labour relations matters, including the maintenance, management and variation of public sector awards. For all practical purposes, the Executive Director represents the employer parties to the 48 public sector awards affected by this application.

9         The Chamber of Commerce and Industry of Western Australia did not participate in the proceedings. GSLR supported the application. It made it clear, though, that GSLR’s support for the application should not be taken to imply or infer that the casual loading (either the percentage rate or the dollar value) will be increased or adjusted in bargaining for any industrial agreements.

10      Notice of the initial hearing of this application was given in accordance with s 51(BA)(1)(a) and published as required by s 51(BA)(1)(b) in the Industrial Gazette on 26 November 2025 and on the Commission’s website.

11      UnionsWA and GSLR agreed that the application be determined on the papers.

12      In determining the application, the Commission in Court Session has had regard to the grounds set out in UnionsWA’s application, the response filed by GSLR on behalf of the employer parties, UnionsWA’s further written submissions and GSLR’s written submissions.

13      We are satisfied that the variation to the general order should be made.

14      We broadly adopt our reasons for making the General Order as our reasons for varying the General Order to extend it to public sector awards.

15      GSLR and UnionsWA have both noted that there are few, if any, public sector employees who are only covered by a public sector award, rather than a public sector industrial agreement, and that most industrial agreements already contain wages above the applicable public sector award wage rates. Accordingly, varying the General Order is unlikely to increase the casual loading dollar amounts employees covered by industrial agreements are actually paid.

16      Nevertheless, it is desirable to make the variation to:

(a) ensure anomalies between the public sector awards and private sector awards that cover the same type of professions are removed;

(b) ensure that public sector awards are consistent and reflect contemporary community standards concerning fair terms and conditions of employment of casual employees, as reflected in the General Order as it applies to the private sector; and

(c) ensure that public sector awards do not state or confer casual rates of pay that are below the statutory minimum rates for casual employees.

17      This matter does not concern a public sector decision as defined in s 26(2B), as none of the matters in s 26(2A) are relevant to the decision, the decision not having any identified financial consequences for the State. Therefore, the Commission is not required to take into consideration the matters set out in s 26(2A) of the IR Act: IR Act s 26(2E).

18      We are satisfied that varying the General Order is merited on the grounds of fairness and equity, and is consistent with the IR Act’s objects in s 26(1).

19      We thank the parties for their helpful written submissions and efficient conduct of this matter.

20      Subject to the requirements of s 35 of the IR Act, we will issue an order for variation in the terms of the Schedule attached to these reasons, to take effect from the date the order is issued.

SCHEDULE

1.- APPLICATION

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

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 in respect of Awards List A and on and from 5 February 2026 in respect of Awards List B 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 A or Awards List B 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 A and Awards List B 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 A

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

AWARDS LIST B

1. Arts and Culture Trust - Theatrical Employees Award

2. Auxiliary Staff Residential Colleges (Government) Award 2021

3. Building Trades (Government) Award 1968

4. Children's Services (Government) Award

5. Civil Service Association Western Australia Police Auxiliary Officers’ Award 2013

6. Cleaners and Caretakers (Government) Award 1975

7. Community Welfare Department Hostels Award 1983

8. Contract Cleaners' (Ministry of Education) Award, 1990

9. Cultural Centre Award 1987

10. Dampier Port Authority Port Officers Award 1989

11. Department of Education (Residential College Supervisors) Award 2005

12. Department of Education (School Support Officers) Award

13. Electorate Officers Award 1986

14. Engineering Trades (Government) Award, 1967 Award Nos. 29, 30 and 31 of 1961 and 3 of 1962

15. Enrolled Nurses and Nursing Assistants (Government) Award

16. Fire Brigade Employees (Workshops) Award 1983

17. Fire Brigade Employees' Award, 1990, No. A 28 of 1989

18. Gardeners (Government) 1986 Award No. 16 of 1983

19. Government Officers (Insurance Commission of Western Australia) Award 1987

20. Government Officers (Social Trainers) Award 1988,

21. Government Officers Salaries, Allowances and Conditions Award 1989,

22. Health Workers - Community and Child Health Services Award, 1980

23. Hospital Workers (Government) Award No. 21 of 1966

24. Juvenile Custodial Officers’ Award

25. Mental Health Nurses' Consolidated Award 1981 No. 13 of 1947

26. Parliamentary Employees Award 1989

27. Port Hedland Port Authority Port Control Officers Award 1982.

28. Psychiatric Nurses' (Public Hospitals) Award 1973

29. Public Service Award 1992

30. Public Transport Authority (Transwa) Award 2006

31. Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006

32. Quadriplegic Centre Award

33. Railway Employees’ Award No. 18 of 1969

34. Rangers Consolidated Award 2000

35. Recreation Camps (Department for Sport and Recreation) Award

36. Storemen (Government) Consolidated Award 1979

37. Teachers (Public Sector Primary and Secondary Education) Award 1993

38. Teachers (Public Sector Technical and Further Education) Award 1993

39. Teachers' Aides' Award, 1979

40. Theatrical Employees Entertainment, Sporting and Amusement Facilities (Western Australian Government) Award 1987

41. Transport Workers (Government) Award, 1952

42. WA Government Health Services Engineering and Building Services Award 2004

43. WA Health - HSU Award 2006

44. WA Health CSA Dental Technicians (Dental Health Services) Award 2016

45. WA Public Hospitals (Doctors in Training) Award 2011

46. WA Public Hospitals (Senior Medical Practitioners) Award 2011

47. Ward Assistants (Mental Health Services) Award 1966

48. Zoological Gardens Employees Award 1969