Benchmark WA Industrial Relations Case Database

Commission's Own Motion

[2024] WAIRC 37 Single Commissioner (WAIRC) 2024-01-25 File: APPL 27/2023
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Commission's Own Motion

Ratio

The Commission varied clauses 7, 8 and 16 of the Municipal Employees (Western Australia) Award 2021 by substituting provisions governing wages payment (including timing, frequency, and calculation methods) and annual leave scheduling to align with the Minimum Conditions of Employment Act 1993 (WA) and modern workplace practices.

Outcome

Resolved partial

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 6

  • The Commission initiated a review of clauses 7, 8 and 16 of the Municipal Employees (Western Australia) Award 2021
  • Written submissions were received from the Minister for Industrial Relations, WA Municipal, Administrative, Clerical and Services Union of Employees, WA Local Government Association, and Local Government, Racing and Cemeteries Employees Union (WA)
  • The Commission varied the award in accordance with a schedule of variations
  • Variations included deletion and substitution of clauses 18.1 to 18.5 relating to wage payment
  • Clauses governing wage payment frequency (weekly or fortnightly), timing (within 2 days of pay period), and calculation methods were updated
  • Clause 23.6 relating to annual leave scheduling was amended to reference the Minimum Conditions of Employment Act 1993 (WA)

Factors

For
  • Alignment with the Minimum Conditions of Employment Act 1993 (WA)
  • Agreement among key stakeholders including union representatives, employers and government
  • Modernisation of wage payment provisions to reflect current workplace practices
  • Clarification of average ordinary hours payment methodology
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s40B
  • Minimum Conditions of Employment Act 1993 (WA)
  • Municipal Employees (Western Australia) Award 2021

Concept tags · 6

[P]Award (WA state system) [P]Award variation [P]Wages — payment obligations [S]Annual leave [M]Maximum hours of work / reasonable additional hours [M]WA local government employer (state system)

Principles · 4

articulates para ?
Wages must be paid within 2 days from the last day of the pay period.
articulates para ?
Employers may pay wages at their discretion on either a weekly or fortnightly basis in accordance with the Minimum Conditions of Employment Act 1993 (WA).
articulates para ?
Where an employee is paid on an average of 38 ordinary hours per week during a work cycle, wages shall be calculated according to a weekly average of ordinary hours of duty, with deductions from the ordinary hourly rate for each hour the employee is absent from duty other than on paid leave.
articulates para ?
Annual leave shall be given and taken in such period or periods and at such times mutually convenient to the employer and the employee, subject to the provisions of the Minimum Conditions of Employment Act 1993 (WA).
Archived text (463 words)
REVIEW OF CLAUSES 7, 8 AND 16 OF THE MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA) WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Commission's Own Motion APPLICANT -v- (Not Applicable) RESPONDENT CORAM Senior Commissioner R Cosentino DATE THURSDay, 25 January 2024 FILE NO/S APPL 27 OF 2023 CITATION NO. 2024 WAIRC 00037 Result Award varied Order HAVING received written submission filed on behalf of the Hon. Minister for Industrial Relations, Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Local Government Association and Local Government, Racing and Cemeteries Employees Union (WA); AND for the reasons stated in the published reasons for decision; NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders – THAT the Municipal Employees (Western Australia) Award 2021 be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the date of this order. Senior Commissioner R Cosentino SCHEDULE 1. Delete clauses 18.1 to 18.5 and inserting in substitution the following clauses: 18.1 Each employee shall be paid the appropriate rate shown in clause 16 ‘Wages’ of this award. 18.2 Wages shall be paid at the discretion of the employer on either a weekly or fortnightly basis and in accordance with the Minimum Conditions of Employment Act 1993 (WA). 18.3 Wages must be paid within 2 days from the last day of the pay period. 18.4 Wages shall be paid as follows: 18.4.1 Actual 38 ordinary hours In the case of an employee whose hours of duty are 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight. 18.4.2 Average of 38 ordinary hours In the case of an employee whose hours of duty are an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours of duty even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle. 18.4.3 Where an employee is paid in accordance with clause 18.4.2, the average weekly pay will be reduced by the ordinary hourly rate for each hour the employee is absent from duty other than on paid leave. 18.5 [deleted] 2. Delete the words ‘Except as provided in 18.4’ in clause 18.9. 3. Delete clause 23.6 and inserting the following clause in substitution: Subject to the provisions of the Minimum Conditions of Employment Act 1993 (WA), annual leave shall be given and taken in such period or periods and at such a time or at such times mutually convenient to the employer and the employee.