General Order — casual loading and other orders (WA s51I)
doctrinal
WA
general_order_s51I_wa
branch: instruments
WAIRC General Orders setting minimum casual loading and similar entitlements. Case law has held a General Order constitutes an 'instrument' that disapplies the s29AA salary threshold — significant for unfair dismissal jurisdiction.
Statute
Industrial Relations Act 1979 (WA) — s51I
Synthesis · 12 tagged cases
12 tagged decisions (3 as primary). Of primary decisions, the most common outcome is 'granted' (2, 67%).
Outcome distribution
| Outcome | n | % |
|---|---|---|
| For applicant granted | 2 | 67% |
| Resolved other | 1 | 33% |
By jurisdiction
| Court | n |
|---|---|
| Commission in Court Session (WAIRC) | 6 |
| Single Commissioner (WAIRC) | 4 |
| Industrial Magistrates Court | 2 |
Key articulated principles · 4
para 2 — from [2025] WAIRC 00136
WAIRC — Court Session
Where an industrial instrument contains a term provided for in a General Order that is more beneficial to an employee, the more beneficial term shall apply; otherwise, where there is a conflict between the terms of an industrial instrument and the General Order, the terms of the General Order shall apply.
para 13 — from 2026 WAIRC 00066
WAIRC — Single Commissioner
A General Order under the IR Act may be varied to extend its coverage to public sector awards where the variation serves the objects of the IR Act and addresses anomalies or inconsistencies in casual loading entitlements across employment sectors.
para 24 — from 2026 WAIRC 00066
WAIRC — Single Commissioner
Where an industrial instrument contains a term more beneficial to an employee than a General Order, the more beneficial term shall apply; otherwise the General Order terms apply in case of conflict.
para 14 — from None
The Commission adopted the reasons for making the original Minimum Casual Loading Rate General Order as the reasons for varying it to extend to public sector awards, including that a minimum 25% casual loading rate is necessary to ensure no anomalies arise from the application of the statutory minimum in the MCE Act.
Leading cases · by citation count
| Citation | Court | Role | Cited |
|---|---|---|---|
| [2025] WAIRC 00136 | WAIRC — Court Session | primary | 2 |
| 2025 WAIRC 00129 | WAIRC — Court Session | primary | 2 |
| [2022] WAIRC 273 | WAIRC — Court Session | secondary | 8 |
| [2024] WAIRC 293 | WAIRC — Court Session | secondary | 2 |
| [2023] WAIRC 330 | WAIRC — Court Session | secondary | 2 |
| 2025 WAIRC 00306 | WAIRC — Single Commissioner | mentioned | 1 |
All tagged cases · 12
| Citation | Court | Role | Date | Outcome | Cited |
|---|---|---|---|---|---|
| [2025] WAIRC 00136 | WAIRC — Court Session | primary | 2026-02-11 | Resolved | 2 |
| 2025 WAIRC 00129 | WAIRC — Court Session | primary | 2025-02-28 | For applicant | 2 |
| 2026 WAIRC 00066 | WAIRC — Single Commissioner | primary | 2026-02-05 | For applicant | 0 |
| [2022] WAIRC 273 | WAIRC — Court Session | secondary | 2022-06-23 | For applicant | 8 |
| [2024] WAIRC 293 | WAIRC — Court Session | secondary | 2024-06-12 | For applicant | 2 |
| [2023] WAIRC 330 | WAIRC — Court Session | secondary | 2023-06-16 | For applicant | 2 |
| 2025 WAIRC 00351 | WAIRC — Single Commissioner | secondary | 2025-06-12 | For applicant | 0 |
| [2023] WAIRC 667 | WAIRC — Single Commissioner | secondary | 2023-08-09 | For applicant | 0 |
| [2016] WAIRC 362 | WAIRC — Court Session | secondary | 2016-06-14 | Resolved | 0 |
| 2025 WAIRC 00306 | WAIRC — Single Commissioner | mentioned | 2025-05-16 | Against applicant | 1 |
| [2019] WAIRC 592 | Industrial Magistrates Court | mentioned | 2019-08-01 | Against applicant | 0 |
| [2009] WAIRC 1357 | Industrial Magistrates Court | mentioned | 2009-01-01 | Against applicant | 0 |