Many employers and employees in the state industrial relations system are covered by WA awards.
WA awards are legal documents issued by the Western Australian Industrial Relations Commission to cover particular types of work and workplaces. For example, a shop assistant will be covered by the Shop and Warehouse (Wholesale and Retail Establishments) Award, and a chef in a caf茅 will be covered by the Restaurant, Tearoom and Catering Workers Award.
If an employee is covered by a WA award, the pay rates, leave entitlements, allowances and penalty rates outlined in the WA award must be provided to the employee as a minimum. Different rates of pay often apply to employees depending on the classification and type of work being performed. Separate rates of pay also commonly apply to junior employees, apprentices and trainees. Some WA awards contain pay rates that are currently below the State Minimum Wage. Employees must be paid the minimum pay rates if the relevant WA award has a lower pay rate. The correct rates are also published in Wageline鈥檚 WA award summaries.
WA awards also set out other employment conditions, such as:
- rostering arrangements, including when hours may be worked and when overtime or penalty rates apply;
- allowances that are payable to employees such as location allowance, tool allowance or laundry allowance;
- leave entitlements such as annual leave, personal leave; and
- public holiday arrangements.
Employees and employers covered by WA awards also have entitlements and obligations under relevant employment laws, including the Minimum Conditions of Employment Act 1993 and the Long Service Leave Act 1958.
It is unlawful for an employer to provide pay rates or employment conditions below what is set by the relevant WA award. There can be significant financial penalties for employers who do not comply with WA awards.
Employers can provide pay rates and employment conditions that are more generous for the employee than what is contained in a WA award, for instance a higher rate of pay or additional paid leave.
Employees who believe that they have not received the correct rates of pay or employment conditions under a WA award can make an underpayment complaint. Follow the Steps to making an underpayment complaint about underpayment of wages or entitlements.
Wageline鈥檚 WA award summaries
Wageline has summaries of the most widely used WA awards. These list rates of pay and include key working arrangements, but do not include all conditions in the WA award. The summaries also outline major entitlements and obligations from relevant employment laws.
WA awards are available on the . The award pay rates can usually be found in award clauses called wages, rates of pay, or salaries.
Checking if a WA award applies
You can check whether a WA award applies to you by visiting WA awards for common jobs, or by calling Wageline on 1300 655 266.
Employees who work for a larger business or organisation, should also check whether an industrial agreement applies. This can be done by checking with the human resources or payroll area where you are employed.
If there is no WA award or industrial agreement that applies to a job, employees still a legal minimum rate of pay and minimum leave entitlements. Minimum pay rates for award free employees lists the current minimum rates.
Understanding WA awards video
This video explains what WA awards are and why employers must comply with the provisions contained in any WA award.
