VARIATION OF MINIMUM CASUAL LOADING RATE FOR SPECIFIED AWARDS GENERAL ORDER 2025 WAIRC 00136 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2026 WAIRC 00066 CORAM :Senior Commissioner R Cosentino Commissioner T Emmanuel Commissioner T B Walkington HEARD : On the papers, Last submissions received on 20 January 2026 DELIVERED : thursday, 5 February 2026 FILE NO. : CICS 13 OF 2025 BETWEEN : UnionsWA Incorporated 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. ¶21 SCHEDULE ¶22 1.- APPLICATION ¶23 1. This General Order applies to casual employees subject to the awards cited in the attached Awards List A and Awards List B. ¶24 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. ¶25 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. ¶26 2.- DEFINITIONS ¶27 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. ¶28 3.- CASUAL LOADING ¶29 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. ¶30 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. ¶31 AWARDS LIST A ¶32 1. Aboriginal Communities and Organisations Western Australian Interim Award 2011 ¶33 2. Aboriginal Medical Service Employees' Award ¶34 3. Aerated Water and Cordial Manufacturing Industry Award 1975 ¶35 4. Aged and Disabled Persons Hostels Award, 1987 ¶36 5. Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979 ¶37 6. Ambulance Service Employees' Award, 1969 ¶38 7. Animal Welfare Industry Award ¶39 8. Artworkers Award ¶40 9. Bag, Sack and Textile Award ¶41 10. Bakers' (Country) Award No. 18 of 1977 ¶42 11. Bakers' (Metropolitan) Award No. 13 of 1987 ¶43 12. Bespoke Bootmakers' and Repairers' Award No. 4 of 1946 ¶44 13. Brick Manufacturing Award 1979 ¶45 14. Brushmakers' Award No. 30 of 1959 ¶46 15. Building and Engineering Trades (Nickel Mining and Processing) Award, 1968 ¶47 16. Building Trades and Labourers (Construction) Award ¶48 17. Building Trades and Labourers (General) Award ¶49 18. Case and Box Makers' Award, 1952 ¶50 19. Child Care (Lady Gowrie Child Centre) Award ¶51 20. Child Care (Out of School Care - Playleaders) Award ¶52 21. Child Care (Subsidised Centres) Award ¶53 22. Children's Services (Private) Award 2006 ¶54 23. Children's Services Consent Award 1984 ¶55 24. Cleaners and Caretakers (Car and Caravan Parks) Award 1975 ¶56 25. Cleaners and Caretakers Award, 1969 ¶57 26. Clerks' (Hotels, Motels and Clubs) Award 1979 ¶58 27. Contract Cleaners Award, 1986 ¶59 28. Crisis Assistance, Supported Housing Industry - Western Australian Interim Award 2011 ¶60 29. Dairy Factory Workers' Award 1982 ¶61 30. Deckhands (Passenger Ferries, Launches and Barges) Award ¶62 31. Dental Technicians' and Attendant/Receptionists' Award, 1982 ¶63 32. Draughtsmen's, Tracers', Planners' and Technical Officers' Award 1979 ¶64 33. Dried Vine Fruits Industry Award, 1951 ¶65 34. Drum Reclaiming Award ¶66 35. Dry Cleaning and Laundry Award 1979 ¶67 36. Earth Moving and Construction Award ¶68 37. Egg Processing Award 1978 ¶69 38. Electrical Contracting Industry Award R 22 of 1978 ¶70 39. Electrical Trades (Security Alarms Industry) Award, 1980 ¶71 40. Electronics Industry Award No. A 22 of 1985 ¶72 41. Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973 ¶73 42. Engine Drivers' (General) Award ¶74 43. Engine Drivers' (Gold Mining) Consolidated Award, 1979 ¶75 44. Engine Drivers' (Nickel Mining) Award 1968 ¶76 45. Engine Drivers' Minerals Production (Salt) Industry Award, 1970 ¶77 46. Family Day Care Co-Ordinators' and Assistants' Award, 1985 ¶78 47. Farm Employees' Award 1985 ¶79 48. Food Industry (Food Manufacturing or Processing) Award ¶80 49. Fruit and Produce Market Employees Award No. 50 of 1955 ¶81 50. Fruit Growing and Fruit Packing Industry Award ¶82 51. Funeral Directors' Assistants' Award No. 18 of 1962 ¶83 52. Furniture Trades Industry Award ¶84 53. Gate, Fence and Frames Manufacturing Award ¶85 54. Hair and Beauty Industry (WA) Award ¶86 55. Health Attendants Award, 1979 ¶87 56. Horticultural (Nursery) Industry Award No. 30 of 1980 ¶88 57. Hospital Salaried Officers (Dental Therapists) Award, 1980 ¶89 58. Industrial Spraypainting and Sandblasting Award ¶90 59. Iron Ore Production & Processing (Locomotive Drivers Rio Tinto Railway) Award 2006 ¶91 60. Iron Ore Production & Processing (Locomotive Drivers) Award 2006 ¶92 61. Landscape Gardening Industry Award ¶93 62. Laundry Workers' Award, 1981 ¶94 63. Licensed Establishments (Retail and Wholesale) Award 1979 ¶95 64. Local Government Officers’ (Western Australia) Award 2021 ¶96 65. Marine Stores Award ¶97 66. Masters, Mates and Engineers Passenger Ferries Award ¶98 67. Mineral Sands Industry Award 1991 ¶99 68. Miscellaneous Workers' (Activ Foundation) Award ¶100 69. Monumental Masonry Industry Award, 1989 ¶101 70. Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection) Industry Award No. 29 of 1980 ¶102 71. Municipal Employees (Western Australia) Award 2021 ¶103 72. Musicians' General (State) Award 1985 ¶104 73. Nurses' (Aboriginal Medical Services) Award No. A 23 of 1987 ¶105 74. Nurses (Child Care Centres) Award 1984 ¶106 75. Nurses' (Day Care Centres) Award ¶107 76. Nurses' (Independent Schools) Award ¶108 77. Optical Mechanics' Award, 1971 ¶109 78. Particle Board Employees' Award, 1964 ¶110 79. Particle Board Industry Award No. 10 of 1978 ¶111 80. Pastrycooks' Award No. 24 of 1981 ¶112 81. Pest Control Industry Award ¶113 82. Photographic Industry Award, 1980 ¶114 83. Pipe, Tile and Pottery Manufacturing Industry Award ¶115 84. Plaster, Plasterglass and Cement Workers' Award No. A 29 of 1989 ¶116 85. Plywood and Veneer Workers Award ¶117 86. Plywood and Veneer Workers' Award, 1952 ¶118 87. Poultry Breeding Farm & Hatchery Workers' Award 1976 ¶119 88. Printing Award ¶120 89. Prospector and AvonLink on Train Customer Service Officers Award ¶121 90. Quarry Workers' Award, 1969 ¶122 91. Radio and Television Employees' Award ¶123 92. Retail Pharmacists' Award 2004 ¶124 93. Rock Lobster and Prawn Processing Award 1978 ¶125 94. Rope and Twine Workers' Award ¶126 95. Saddlers and Leatherworkers' Award ¶127 96. Saw Servicing Establishments Award No. 17 of 1977 ¶128 97. Security Officers' Award ¶129 98. Sheet Metal Workers' Award No. 10 of 1973 ¶130 99. Show Grounds Maintenance Worker's Award ¶131 100. Soap and Allied Products Manufacturing Award ¶132 101. Social and Community Services (Western Australia) Interim Award 2011 ¶133 102. Social Trainers and Assistant Supervisors' (Activ Foundation) Award ¶134 103. Soft Furnishings Award ¶135 104. Teachers' Aides' (Independent Schools) Award 1988 ¶136 105. Thermal Insulation Contracting Industry Award ¶137 106. Timber Workers Award No. 36 of 1950 ¶138 107. Timber Yard Workers Award No. 11 of 1951 ¶139 108. Training Assistants' and Community Support Staff (Cerebral Palsy Association) Award 1987 ¶140 109. Transport Workers (General) Award No. 10 of 1961 ¶141 110. Transport Workers (Mobile Food Vendors) Award 1987 ¶142 111. Transport Workers' (Passenger Vehicles) Award ¶143 112. Transport Workers’ (North West Passenger Vehicles) Award, 1988 ¶144 113. Vehicle Builders' Award 1971 ¶145 114. Watchmakers' and Jewellers' Award, 1970 ¶146 115. Western Australian Professional Engineers (General Industries) Award 2004 ¶147 116. Wine Industry (WA) Award 2005 ¶148 117. Wool, Hide and Skin Store Employees' Award No. 8 of 1966 ¶149 AWARDS LIST B ¶150 1. Arts and Culture Trust - Theatrical Employees Award ¶151 2. Auxiliary Staff Residential Colleges (Government) Award 2021 ¶152 3. Building Trades (Government) Award 1968 ¶153 4. Children's Services (Government) Award ¶154 5. Civil Service Association Western Australia Police Auxiliary Officers’ Award 2013 ¶155 6. Cleaners and Caretakers (Government) Award 1975 ¶156 7. Community Welfare Department Hostels Award 1983 ¶157 8. Contract Cleaners' (Ministry of Education) Award, 1990 ¶158 9. Cultural Centre Award 1987 ¶159 10. Dampier Port Authority Port Officers Award 1989 ¶160 11. Department of Education (Residential College Supervisors) Award 2005 ¶161 12. Department of Education (School Support Officers) Award ¶162 13. Electorate Officers Award 1986 ¶163 14. Engineering Trades (Government) Award, 1967 Award Nos. 29, 30 and 31 of 1961 and 3 of 1962 ¶164 15. Enrolled Nurses and Nursing Assistants (Government) Award ¶165 16. Fire Brigade Employees (Workshops) Award 1983 ¶166 17. Fire Brigade Employees' Award, 1990, No. A 28 of 1989 ¶167 18. Gardeners (Government) 1986 Award No. 16 of 1983 ¶168 19. Government Officers (Insurance Commission of Western Australia) Award 1987 ¶169 20. Government Officers (Social Trainers) Award 1988, ¶170 21. Government Officers Salaries, Allowances and Conditions Award 1989, ¶171 22. Health Workers - Community and Child Health Services Award, 1980 ¶172 23. Hospital Workers (Government) Award No. 21 of 1966 ¶173 24. Juvenile Custodial Officers’ Award ¶174 25. Mental Health Nurses' Consolidated Award 1981 No. 13 of 1947 ¶175 26. Parliamentary Employees Award 1989 ¶176 27. Port Hedland Port Authority Port Control Officers Award 1982. ¶177 28. Psychiatric Nurses' (Public Hospitals) Award 1973 ¶178 29. Public Service Award 1992 ¶179 30. Public Transport Authority (Transwa) Award 2006 ¶180 31. Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006 ¶181 32. Quadriplegic Centre Award ¶182 33. Railway Employees’ Award No. 18 of 1969 ¶183 34. Rangers Consolidated Award 2000 ¶184 35. Recreation Camps (Department for Sport and Recreation) Award ¶185 36. Storemen (Government) Consolidated Award 1979 ¶186 37. Teachers (Public Sector Primary and Secondary Education) Award 1993 ¶187 38. Teachers (Public Sector Technical and Further Education) Award 1993 ¶188 39. Teachers' Aides' Award, 1979 ¶189 40. Theatrical Employees Entertainment, Sporting and Amusement Facilities (Western Australian Government) Award 1987 ¶190 41. Transport Workers (Government) Award, 1952 ¶191 42. WA Government Health Services Engineering and Building Services Award 2004 ¶192 43. WA Health - HSU Award 2006 ¶193 44. WA Health CSA Dental Technicians (Dental Health Services) Award 2016 ¶194 45. WA Public Hospitals (Doctors in Training) Award 2011 ¶195 46. WA Public Hospitals (Senior Medical Practitioners) Award 2011 ¶196 47. Ward Assistants (Mental Health Services) Award 1966 ¶197 48. Zoological Gardens Employees Award 1969