4 yearly review of modern awards – Payment of wages

In the case before the Fair Work Commission, the Australian Education Union (AEU) challenged the Fair Work Commission's decision to maintain the current rate of payment of wages in the 4 yearly review of modern awards. The dispute centred on the model term concerning the finalisation of payments upon termination of employment. The AEU argued that the Commission should have increased the rate of payment of wages to reflect changes in the cost of living and other economic factors.

The legal issue before the Commission was whether the current rate of payment of wages was appropriate in light of the 4 yearly review of modern awards. The AEU submitted that the current rate of payment of wages was inadequate and did not reflect the changes in the cost of living and economic conditions. The Fair Work Commission had to determine whether there was sufficient evidence to justify an increase in the rate of payment of wages.

In its decision, the Fair Work Commission noted that the 4 yearly review of modern awards was not a review of all aspects of the modern award but rather a review of the payment of wages. The Commission held that there was no sufficient evidence to justify an increase in the rate of payment of wages. The Commission found that the current rate of payment of wages was appropriate and reflected changes in the cost of living and economic conditions. The Commission also noted that the model term concerning the finalisation of payments upon termination of employment was consistent with the relevant legislation.

The Fair Work Commission dismissed the AEU's application and maintained the current rate of payment of wages. The Commission held that there was no sufficient evidence to justify an increase in the rate of payment of wages. The Commission also found that the current rate of payment of wages was appropriate and reflected changes in the cost of living and economic conditions. The Commission further held that the model term concerning the finalisation of payments upon termination of employment was consistent with the relevant legislation.