CHIEF COMMISSIONER S J KENNER SENIOR COMMISSIONER R COSENTINO COMMISSIONER T EMMANUEL

Catchwords : Industrial Law (WA) - Commission's Own Motion - s 37D -Variation to scope of private sector award - Consolidation of five State awards with the Metal Trades (General) Award - New title and definition of 'Manufacturing, Maintenance, Metal Trades and Associated Industries and Occupations' - Incidental variations - Award scope varied

Legislation : Industrial Relations Act 1979 (WA) s 37D, s 37D (6), s 37D(6)(b)

Mr B Entrekin on behalf of the Honourable Minister for Industrial Relations.

Ms K Rashleigh on behalf of the Electrical Trades Union (WA)

Commission's Own Motion v (Not applicable) [2023] WAIRC 00900; (2023) 103 WAIG 1943

Electrical Trades Union WA v CAI Fencing Pty Ltd and others [2025] WAIRC 00799

1. In November 2023, the Commission in Court Session made variations to the scope provisions of the Metal Trades (General) Award pursuant to s 37D of the Industrial Relations Act 1979 (WA). Our reasons for making those variations were published in Commission's Own Motion v (Not applicable) [2023] WAIRC 00900; (2023) 103 WAIG 1943.
2. In our reasons at that time, we noted that in the course of the proceedings, the Minister for Industrial Relations had identified other State awards that could potentially be consolidated with the Award. We stated that we did not intend the scope variations made at that time to limit the possibility of further scope variations to achieve consolidation in the future, if consolidation was supported by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch (AMWU).
3. Since then, the Private Sector Labour Relations division of the Department of Local Government, Industry Regulation and Safety, on behalf of the Minister, informed the Commission of several existing State awards that it considered could be consolidated without too much complexity. The awards identified either used the same classification scale contained in Award or had a close historic nexus with the Award, adopting some or most of its conditions.
4. The awards identified were the:

(a) Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979;

(d) Thermal Insulation Contracting Industry Award; and

1. The Commission of its own motion initiated these proceedings pursuant to s 37D of the Act to further vary the scope of the Award to include and cover employers and employees within the scope of the above five awards, with a view to those five awards then being cancelled.
2. Notice of these proceedings was given to:

(e) the Electrical Trades Union WA (ETUW) as a union party to the Award;

(f) the Motor Trade Association of Western Australia; and

(g) twenty private sector employers as directed by the Commission, constituting in the opinion of the Commission, a sufficient number of employers reasonably representative of the employers who would be bound by the proposed variations.

1. The matter was listed for mention and directions on 4 April 2025 to ascertain who might want to be heard in relation to these proceedings. Except for an appearance on behalf of the Minister, no other person or organisation participated in that hearing.
2. The Commission published notice of the proposed variations to the Award on 25 July 2025 as required by s 37D(6) of the Act and afforded the persons listed in s 37D(6)(b) an opportunity to be heard in relation to the proposed variations at a final hearing on 9 September 2025. In the meantime, in the course of developing the draft variations, the Commission received some feedback and correspondence on behalf of the AMWU and the ETUW. The AMWU advised the Commission that it generally supported consolidation of the awards.
3. The ETUW is the union party to the Gate, Fence and Frames Manufacturing Award. It advised the Commission that it had a longstanding interest in the preservation of award coverage and representation rights for employees engaged in electrical and related work in Western Australia. While it supported variations to improve clarity of award coverage, it was concerned that such changes should not prejudice its representational rights or diminish existing award entitlements.
4. Before the final hearing of this matter, the ETUW had made an application to the Commission to update the allowances in the Gate, Fence and Frames Manufacturing Award: APPL 43 of 2025, Electrical Trades Union WA v CAI Fencing Pty Ltd & Ors [2025] WAIRC 00799. Upon the grant of that application, the Gate, Fence and Frames Manufacturing Award would provide for higher rates for some allowances than the existing allowances in the Award.
5. The Minister's and the ETUW's representatives appeared at the final hearing on 9 September 2025. Aside from some minor drafting matters, the Commission was advised that the Minister supported the proposed variations. The ETUW also supported the proposed variations if further variations were made to bring the Award's allowances in line with any variations that would be made to the Gate, Fence and Frames Manufacturing Award in APPL 43 of 2025, Electrical Trades Union WA v CAI Fencing Pty Ltd & Ors [2025] WAIRC 00799.
6. We agreed with the ETUW's suggestion and deferred making orders to vary the Award until after APPL 43 of 2025 was determined. The allowance rates as determined in Electrical Trades Union WA v CAI Fencing Pty Ltd and others [2025] WAIRC 00799 have been incorporated in the variations we made to the Award, which issued on 23 October 2025.
7. These are our reasons for our orders varying the Award.
8. The intent of the variations is to expand the scope of the Award to encompass the scope of the above five awards without otherwise substantively altering terms and conditions or creating detriment to any employee. To reflect the broadened scope, the title of the Award has been changed to the Manufacturing, Maintenance and Metal Trades Award. Schedule 1 lists the five awards replaced as a result of the scope variations.
9. The broadening of the scope has been achieved primarily through the inclusion of the term 'Manufacturing, Maintenance, Metal Trades and Associated Industries and Occupations' in the area and scope clause 1.3.1 combined with variations to the definitions clause. The definition of Manufacturing, Maintenance, Metal Trades and Associated Industries and Occupations includes all those industries and occupations listed in the five consolidated awards.
10. Consequential amendments have been made to include additional classifications in clause 13 - Wages. Specifically, the classifications of Instrument Fitter, Structural Steel Tradesperson, Sheetmetal Employee First Class and Sheetmetal Employee Second Class have been added. Where necessary, allowances have been aligned to the higher of whichever allowances currently apply across the six relevant awards. Special provisions for the Airconditioning and Refrigeration Industry (Construction and Servicing) have been included and ring-fenced.
11. The classifications and definitions currently contained in each of the five consolidated awards have been retained by adding them to Appendix 1 and Appendix 2 of the Award.
12. We would like to acknowledge the significant volume of work undertaken by Mr Brendon Entrekin and his team at the Department in comparing the terms and conditions contained in the six awards, reviewing the draft variations and providing feedback on them. This work has helped us significantly, enabling the scope review whilst preserving conditions.
13. The variations to the Award take effect from the beginning of the first pay period on or after 23 October 2025.