Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commission
shall before 1 July in each year, of its own motion make a General Order
(the State Wage order ) —
(a)
setting —
(i)
the minimum weekly rate of pay applicable under
section 12 of the MCE Act to employees who have reached
21 years of age and who are not apprentices;
(ii)
the minimum weekly rate or rates of pay applicable under
section 14 of the MCE Act to apprentices;
[(iii) deleted]
(b)
adjusting rates of wages paid under awards;
(c)
having regard to the statement of principles issued under
paragraph (d) —
(i)
varying each award affected by the exercise of
jurisdiction under paragraph (b) to ensure that the award is consistent
with the order; and
(ii)
if the Commission considers it appropriate to do so,
making other consequential changes to specified awards;
and
(d)
setting out a statement of principles to be applied and followed in relation
to the exercise of jurisdiction under this Act to set the wages, salaries,
allowances or other remuneration of employees or the prices to be paid in
respect of their employment.
(2) The Commission
may, in relation to awards generally or specified awards, do any or all of the
following for the purposes of subsection (1)(b) —
(a)
adjust all rates of wages;
(b)
adjust individual rates of wages;
(c)
adjust a series of rates of wages;
(d)
adjust specialised rates of wages.
(3) In making an order
under this section, the Commission shall take into consideration —
(a) the
need to —
(i)
ensure that Western Australians have a system of fair
wages and conditions of employment;
(ii)
meet the needs of the low paid;
(iii)
provide fair wage standards in the context of living
standards generally prevailing in the community;
(iv)
contribute to improved living standards for employees;
(v)
protect employees who may be unable to reach an
industrial agreement;
(vi)
encourage ongoing skills development; and
(vii)
provide equal remuneration for men and women for work of
equal or comparable value;
(b) the
state of the economy of Western Australia and the likely effect of its
decision on that economy and, in particular, on the level of employment,
inflation and productivity in Western Australia;
(c) to
the extent that it is relevant, the state of the national economy;
(d) to
the extent that it is relevant, the capacity of employers as a whole to bear
the costs of increased wages, salaries, allowances and other remuneration;
(e) for
the purposes of subsection (1)(b) and (c), the need to ensure that the
Western Australian award framework represents a system of fair wages and
conditions of employment;
(f)
relevant decisions of other industrial courts and tribunals; and
(g) any
other matters the Commission considers relevant.
(4) Without limiting
the generality of this section and section 26(1), in the exercise of its
jurisdiction under subsection (1)(b) and (c) the Commission shall ensure,
to the extent possible, that there is consistency and equity in relation to
the variation of awards.
(5) A State Wage order
takes effect on 1 July in the year it is made and is applicable in
respect of an employee or apprentice on and from the commencement of the first
pay period of the employee or apprentice on or after that date.
(6) A State Wage order
in effect under this section when a subsequent order is made under
subsection (1) ceases to apply in respect of an employee or apprentice on
the day on which the subsequent order commences to apply in respect of the
employee or apprentice.
(7) A State Wage order
shall not be added to or varied.
(8) Nothing in
subsection (7) affects the Commission’s powers under
section 27(1)(m).
[Section 50A inserted by No. 36 of 2006
s. 14; amended by No. 44 of 2008 s. 53(7)-(9).]