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[2005] WAIRComm 1839
procedural. The Commission ordered that all awards be varied by an Arbitrated Safety Net Adjustment (ASNA) of $17.00 per week, effective 7 July 2005, fully absorbable; prescribed conversion amounts ($34.00...
After hearing parties, the Western Australian Industrial Relations Commission decided to implement the National Wage Decision of 7 June 2005 by increasing award wages via a $17 per week Arbitrated Safety Net Adjustment effective 7 July 2005. The Statement prescribes how to convert that weekly increase into fortnightly, annual and hourly rates; increases the minimum adult award and statutory minimum wage to $484.40; leaves the adult apprentice award rate unchanged in these proceedings; and sets specific methods and staged increases for apprentices and trainees not covered by awards. Formal Reasons and proposed orders will follow.
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1,769 words · generated 29/08/2026
This is a short, operative Statement issued by the Western Australian Industrial Relations Commission (the Commission) in Court Session on 20 June 2005. The Commission had heard from the Hon Minister for Consumer and Employment Protection, the Trades and Labor Council, the Australian Mines and Metals Association Inc and the Chamber of Commerce and Industry of Western Australia on 16 June 2005 following the National Wage Decision of 7 June 2005 [1]. The Commission recorded an obligation to finalise orders within one month of the National Wage Decision and issued this Statement to give immediate practical effect to the national decision while the Commission prepares formal Reasons and a Minute of Proposed General Order [1], [10].
No linked legislation citations have been extracted yet.
The Statement orders an Arbitrated Safety Net Adjustment (ASNA) of $17.00 per week to be applied to all Commission awards, effective 7 July 2005, with this increase being fully absorbable on the same terms as prior ASNAs [2]. It prescribes conversion amounts and methods for applying the $17 weekly increase to fortnightly, annual and hourly pay bases, and specifies how casual loadings should be calculated [3]. The Commission varied minimum adult award wage clauses by replacing $467.40 with $484.40 and set the statutory minimum wage under the Minimum Conditions of Employment Act 1993 at $484.40 from 7 July 2005 [4], [5].
The Statement records that the existing adult apprentice award rate of $406.70 per week could not be increased in these proceedings and therefore remains unchanged [6]. For apprentices and trainees not covered by awards, the Commission prescribes calculation methods: apprentices by reference to the relevant level in the Metal Trades (General) Award as amended by the $17 ASNA [7], and trainees by applying staged amounts ($19/week from 7 July 2005 and $17/week from 9 January 2006) using the methodology adopted in the 2003 and 2004 ASNAs [8]. The method for calculating the wage for a trainee who has reached 21 years remains unchanged: no less than the highest rate determined by reference to the relevant skill level under the applicable award or trainee wage structure [9]. The Commission indicated that fuller Reasons and a Minute of Proposed General Order would issue later [10].
The Statement is primarily administrative and procedural: its purpose is to give effect to the National Wage Decision quickly and to provide the mechanics required to amend award schedules and statutory minima within the Commission's time constraints. The Commission explicitly cites the National Wage Decision and the need to finalise orders within one month as the motivating context for issuing an immediate Statement setting out the operative adjustments and calculation methods [1], [2], [10]. The Commission exercises its statutory powers (the heading references application of section 51(2), (3) and (5) of the Act) to implement the National Wage Decision through a General Order that varies awards by an ASNA.
The practical decisions taken in the Statement serve two linked purposes. First, they set the substantive amounts and effective dates (a $17/week ASNA, conversion amounts, and the new minimums) so employers and employees can anticipate the adjusted wage levels from 7 July 2005 [2]–[5]. Second, they provide standardised conversion formulas and treatment for less straightforward categories (fortnightly and annual rates, hourly conversions, casual loadings, apprentices and trainees) so the Commission's registry and those implementing the changes can prepare consistent schedules and payroll changes [3], [7], [8], [9]. By declaring the ASNA fully absorbable under the same terms as previous ASNAs, the Commission aligns this adjustment with established award interpretation and administration practice [2].
The Statement does not set out detailed legal reasoning; instead it operates as an immediate administrative order with the promise of fuller Reasons and a Minute of Proposed General Order to follow [10]. That sequence explains why precise legal justification is not elaborated in this short document. The Commission also records limitations on the scope of the present proceedings, notably that the adult apprentice award rate could not be raised in these proceedings, indicating attention to the procedural boundaries of the specific wage round [6].
Before this Statement: the Commission awaited the National Wage Decision handed down on 7 June 2005 and had to give effect to it across state awards. Awards then prescribed a minimum adult award wage of $467.40 and an adult apprentice award rate of $406.70, among other rates.
After this Statement: the Commission implemented the national increase as an ASNA of $17 per week effective 7 July 2005, made the ASNA fully absorbable as in earlier rounds, and converted it into equivalent fortnightly and annual figures ($34 per fortnight, $887 per annum), and provided a method for hourly adjustments (distribution of $17 across ordinary full time hours) [2], [3]. The minimum adult award wage and the statutory minimum under the Minimum Conditions of Employment Act 1993 were raised to $484.40 [4], [5]. The adult apprentice award remained at $406.70 because that change could not be made in these proceedings [6]. Apprentices and trainees not covered by awards were given specific calculation rules to determine statutory minima using the Metal Trades (General) Award and prior ASNA methodology, with staged amounts for trainees [7], [8]. The Commission also preserved the established method for calculating trainee rates at age 21 [9].
This Statement therefore updated award and statutory minima figures and clarified conversion and application mechanics across pay bases and categories of workers while reserving more detailed reasons for a later document.
Statement [2]: "The Commission ... will give effect to the National Wage Decision ... by ... varying all awards ... by an Arbitrated Safety Net Adjustment of $17.00 per week with effect on and from 7 July 2005."
Plain-English: The Commission is increasing all award rates by $17 each week, starting 7 July 2005, to implement the national decision.
Statement [2]: "The increase is fully absorbable under the same terms as previous arbitrated safety net adjustments."
Plain-English: Employers and awards may treat this $17 increase as able to be absorbed against other pay increases or allowances in the same way earlier safety net adjustments have been absorbed.
Statement [3]: Conversion rules (fortnightly, annual, hourly) and casual loading calculation.
Plain-English: If an award pays fortnightly, add $34; if annually, add $887; if hourly, divide $17 by the award’s ordinary full-time weekly hours to get the per-hour increase, and calculate casual loadings off the new hourly rate.
Statement [4]–[5]: Replacement of $467.40 with $484.40 in minimum adult award clauses and setting the statutory minimum wage at $484.40 from 7 July 2005.
Plain-English: Minimum adult pay in awards and under the state minimum conditions law goes up to $484.40 per week from 7 July 2005.
Statement [6]: The adult apprentice award rate remains at $406.70 because it could not be increased in these proceedings.
Plain-English: The Commission did not, in this process, change the apprentice award weekly rate; it stays at $406.70.
Statement [8]: Staged trainee increases for those not on awards: $19/wk from 7 July 2005 and $17/wk from 9 January 2006, using prior ASNA methods.
Plain-English: Trainees without award coverage get a two-step increase, first $19 per week (from 7 July 2005) and later $17 per week (from 9 January 2006), following earlier methodologies.
Statement [10]: "The Commission's Reasons for Decision and a Minute of Proposed General Order will issue at a later time."
Plain-English: Detailed reasoning and the formal proposed orders are to be published after this Statement.
The Statement operates in the specific context of a national wage decision that requires state industrial tribunals or commissions to implement a prescribed safety net adjustment across awards. The triggering facts are:
Where those conditions arise, a Commission may issue an interim or operative Statement like this to fix the ASNA, conversion methodology, statutory minima and specific rules for categories like apprentices and trainees, reserving detailed reasons for later publication.
This Statement itself does not discuss subsequent appellate or judicial treatment; it is an operative administrative record of the Commission's decision to implement the National Wage Decision and indicates that fuller Reasons and a Minute will follow [10]. The Statement contains no analysis of appeals or judicial review in its text. Therefore, this document does not record or summarise how later courts treated the Commission's decision.
The Statement leaves several matters to be clarified in the Reasons and Minute of Proposed General Order that the Commission promised to issue later [10]. Those open issues include:
Those matters are usually clarified in the Reasons and Minute the Commission identified would follow [10].
This analysis explains only what the Commission's Statement itself says, and organises the operative orders, conversions, and identified limits in plain English, grounded in the numbered paragraphs of the Statement. It is general legal information, not legal advice. I can make mistakes; before you act on, rely on, or use any part of this analysis, have a qualified Australian lawyer check it.
HON MIN FOR CONSUMER AND EMPLOYMENT PROTECTION, TRADES AND LABOR COUNCIL OF WESTERN AUSTRALIA, AUSTRALIAN MINES AND METALS ASSOCIATION INC, CHAMBER OF COMMERCE AND INDUSTRY OF WESTERN AUSTRALIA
CHIEF COMMISSIONER A R BEECH SENIOR COMMISSIONER J F GREGOR COMMISSIONER S WOOD
CITATION NO. 2005 WAIRC 01839
General Order - State Wage Case - Application of section 51(2), (3) and (5) of the Act - Arbitrated Safety Net Adjustment - Minimum Adult Award Wage and Statement Principles - June 2005 - Statutory Minimum Wage and Minimum Weekly Wage Rates for Apprentices and Trainees under the Minimum Conditions of Employment Act, 1993
The Commission in Court Session heard from the Hon Minister for Consumer and Employment Protection, the Trades and Labor Council, Australian Mines and Metals Association Inc and Chamber of Commerce and Industry of Western Australia on 16 June 2005 following the National Wage Decision of 7 June 2005. Given the obligation on the Commission to finalise the orders in this matter within one month of the National Wage Decision, and understanding the work involved in correctly issuing the schedules reflecting the variations which will occur to the Commission's awards, the Commission in Court Session issues the following Statement in relation to those matters.
The Commission in Court Session will give effect to the National Wage Decision. It will do so by way of a General Order varying all awards of the Commission by an Arbitrated Safety Net Adjustment of $17.00 per week with effect on and from 7 July 2005. The increase is fully absorbable under the same terms as previous arbitrated safety net adjustments.
Where the award prescribes an adult fortnightly rate of pay, the fortnightly rate of pay will be increased by $34.00 per fortnight. Where the award prescribes an annual rate of pay, the annual rate of pay will be increased by $887.00 per annum. Where the award prescribes an hourly rate of pay, the hourly rate of pay is increased by the amount of $17.00 per week divided by the number of ordinary hours of work prescribed by the relevant award for a full time employee. Where applicable, casual loadings are to be calculated based on the hourly rate.
All awards which contain a minimum adult award wage clause or provision will be varied by deleting the amount of $467.40 wherever it appears and inserting in lieu the amount of $484.40.
The statutory minimum wage for the purposes of the Minimum Conditions of Employment Act, 1993 will be $484.40 on and from 7 July 2005.
The current minimum award rate of $406.70 per week for adult apprentices is not able to be increased in these proceedings and accordingly will remain unchanged.
The statutory minimum wage rates under the Minimum Conditions of Employment Act, 1993 for apprentices not covered by awards will be calculated by reference to the relevant level in the Metal Trades (General) Award as it is amended by the $17.00 ASNA.
The statutory minimum wage rates under the Minimum Conditions of Employment Act, 1993 for trainees not covered by awards will be calculated according to the methodology adopted in the 2003 and 2004 arbitrated safety net adjustments by applying an amount of:
The method of calculation of the wage rate for a trainee who has reached 21 years of age will not change. It shall be no less than the highest rate determined by reference to the relevant skill level under the award in the case of that class of trainee covered by an award or relevant award in the case of a trainee under an employer-employee agreement and the highest rate determined by reference to the relevant skill level in the wage structure set out for trainees not covered by an award. 10. The Commission's Reasons for Decision and a Minute of Proposed General Order will issue at a later time.
__________________________
(Commission's own motion) and Australian Mines & Metals Association Inc
Hon Min for Consumer and Employment Protection and Australian Mines & Metals Association Inc [2005] WAIRComm 1839
The Commission ordered that all awards be varied by an Arbitrated Safety Net Adjustment (ASNA) of $17.00 per week, effective 7 July 2005, fully absorbable; prescribed conversion amounts ($34.00 per fortnight, $887.00 per annum, or an hourly increase of $17.00 divided by the award ordinary full‑time hours), varied minimum adult award wages from $467.40 to $484.40, set the statutory minimum wage under the Minimum Conditions of Employment Act 1993 at $484.40 from 7 July 2005, left adult apprentice award rate $406.70 unchanged, set methods for calculating statutory minima for apprentices and staged trainee increases ($19/wk from 7 July 2005 and $17/wk from 9 January 2006), and confirmed no change to the method for computing trainee rates at age 21; Reasons and a Minute of Proposed General Order to follow.