Changes to state employment laws
State system employment laws changed on 31 January 2025. For details, please see New state employment laws commenced on 31 January 2025 or Changes to state employment laws. Please email [email protected] if you have any queries about the law changes.
NOTICE is given that the Commission in Court Session will hear matter CICS 2 of 2025 on Thursday, 12 June 2025 at 10:00 AM (AWST).
This is an application on the Commission's own motion to rescind Location Allowance General Order 2 of 2024 and issue a new Location Allowance General Order pursuant to section 50 of the Industrial Relations Act 1979.
NOTICE is given that an application has been made to the Commission in Court Session by the The Independent Education Union of Western Australia, Union of Employees to alter Rule 3 - Constitution and Rule 10 - Elections of its registered rules.
Recent amendments to the minimum rate of pay for casual employees in Western Australia came into effect on 31 January 2025, increasing the minimum casual rate of pay from 20% to 25% of the statutory minimum rate of pay. This change was made to address the anomaly where some awards under the Industrial Relations Act 1979 (IR Act) contained casual rates of pay below the statutory minimum. In response to these changes, the applicant organisation applied for a General Order to ensure all awards provide for a casual loading of at least 25%.
The applicant identified 83 private and local government sector awards with casual employment rates below the minimum required by the Minimum Conditions of Employment Act 1983 (MCE Act). Other parties to the proceedings noted ongoing proceedings to increase casual loading from 20% to 25% in certain awards and supported extending these conditions to other local government awards, that reforming the state awards in line with the MCE Act would reduce the burden on small employers enough to offset any increase in operating costs resulting from making the General Order, and generally supported the submission of the applicant.
The applicant had standing to apply for a General Order under s 50(2) of the IR Act. The Commission was satisfied that issuing a General Order is consistent with the IR Act's objectives of fair wages and conditions, efficient work organisation, and compliance with minimum conditions. The General Order will ensure awards do not contain casual rates below the statutory minimum, align state and national systems, reduce administrative burdens, and provide greater consistency for local governments. The Commission decided on a one-month period following the publication of the General Order to optimise compliance and deter non-compliance.
The decision can be read here.
The General Order can be read here.
The Commission, of its own motion, initiated a review of the Catering Employees and Tea Attendants (Government) Award under s 40B of the Industrial Relations Act 1979. The proceedings were initiated to ensure the award does not contain outdated provisions, to remove eliminate discriminatory clauses, and align the award with current employment standards prescribed in the Minimum Conditions of Employment Act 1993.
The Commission provided notice of its intention to vary the award to UnionsWA, the Chamber of Commerce and Industry WA, the Australian Resources and Energy Employers Association, the Minister for Industrial Relations, and the United Workers Union (WA) as the union party to the award. The Commission sought further input from interested parties, who were represented by the Government Sector Labour Relations Division of DMIRS. All parties expressed support for the proposed variations.
Key amendments to the award include the removal of the year from the title, grouping clauses under functional headings, and updating definitions and references to outdated acts. Additionally, provisions for employment termination, wages, leave provisions, public holidays and annual leave entitlements, and requirements for time and wages records have been updated to align with current standards and legislation.
Senior Commissioner Cosentino decided to vary the award accordingly, with variations to take effect immediately.
The decision can be read here.
