Annual Wage Review 2013–14 - [2014] FWCFB 3500

[2014] FWCFB 3500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2013–14
(C2014/1)

JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT WATSON
COMMISSIONER SPENCER
COMMISSIONER HAMPTON
MR HARCOURT
PROFESSOR RICHARDSON
MR COLE

MELBOURNE, 4 JUNE 2014

Contents

1. The Decision

2. The Statutory Framework

3. The Parties’ Proposals

4. The Economy

5. Proposed Legislative Change: Superannuation and the Carbon Price

6. Relative Living Standards and the Needs of the Low Paid

7. Promoting Social Inclusion through Increased Workforce Participation

8. Encouraging Collective Bargaining

9. The Principle of Equal Remuneration for Work of Equal or Comparable Value

10. Particular Award and Industry Circumstances

11. Other Matters

12. Conclusion

Appendix 1—Proposed Minimum Wages Adjustments

Abbreviations

2009–10 Review decision	Annual Wage Review 2009–10 decision
2010–11 Review decision	Annual Wage Review 2010–11 decision
2011–12 Review decision	Annual Wage Review 2011–12 decision
2012–13 Review decision	Annual Wage Review 2012–13 decision
AAA	Accommodation Association of Australia
AAWI	average annualised wage increases
ABI	Australian Business Industrial
ABS	Australian Bureau of Statistics
ACCER	Australian Catholic Council for Employment Relations
ACCI	Australian Chamber of Commerce and Industry
ACOSS	Australian Council of Social Service
Act	Fair Work Act 2009
ACTU	Australian Council of Trade Unions
AFEI	Australian Federation of Employers and Industries
AHA	Australian Hotels Association
Ai Group	Australian Industry Group
ANRA	Australian National Retailers Association
ANZSIC	Australian and New Zealand Standard Industrial Classification
APCSs	Australian Pay and Classification Scales
Apprentices decision	Re Modern Awards Review 2012—Apprentices, Trainees and Juniors
ARA	Australian Retailers Association
AWE	average weekly earnings
AWOTE	average weekly ordinary time earnings
AWR	annual wage review
C10	Engineering Tradesperson Level I
C14	Engineering/Production Employee Level 1
CCIQ	Chamber of Commerce and Industry Queensland
Commission	Fair Work Commission
CPI	Consumer Price Index
ECAQ	East Coast Apprenticeships—Queensland
EEH	Employee Earnings and Hours
GDP	gross domestic product
HES	Household Expenditure Survey
HIA	Housing Industry Association
HILDA	Household Income and Labour Dynamics in Australia
IMF	International Monetary Fund
IPA	Institute of Public Affairs
Junior Rates decision	Modern Awards Review 2012—General Retail Industry Award 2010—Junior Rates
LCI	Living Cost Index
MGA	Master Grocers Australia
NFF	National Farmers’ Federation
NMW	national minimum wage
NTWS	National Training Wage Schedule
OECD	Organisation for Economic Co-operation and Development
Panel	Expert Panel for annual wage reviews
R&CA	Restaurant and Catering Australia
RBA	Reserve Bank of Australia
Review	Annual Wage Review 2013–14
RNNDI	real net national disposable income
SG rate	superannuation guarantee rate
Statistical Report	Statistical Report—Annual Wage Review 2013–14
SWSS	Supported Wage System Schedule
VACC	Victorian Automobile Chamber of Commerce
VECCI	Victorian Employers’ Chamber of Commerce and Industry
WPI	Wage Price Index

1. The Decision

[1] The Fair Work Act 2009 (the Act) requires the Expert Panel (the Panel) to conduct and complete a review of minimum wages in modern awards and the national minimum wage (NMW) in each financial year. The Panel may set, vary or revoke modern award minimum wages and must make a national minimum wage order. This decision deals with the 2013–14 annual wage review (the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Annual Wage Review 2013–14 and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2014] FWCFB 3500
Decision Date: 4 JUNE 2014

CaseChat Overview and Summary

The Fair Work Commission reviewed minimum wages in modern awards and the national minimum wage in 2013–14. The decision affects over 1.5 million employees in Australia who are award reliant. The Fair Work Act 2009 requires the Panel to take into account various statutory considerations in conducting the review. These include the performance and competitiveness of the national economy, promoting social inclusion through increased workforce participation, relative living standards and the needs of the low paid, and the principle of equal remuneration for work of equal or comparable value. Submissions were received from various parties, including the Australian and state governments, collective bodies representing employees and employers, and other organisations. Views were divided on the quantum and form of any increases to modern award minimum wages and the national minimum wage. The Panel decided to award a 3% increase, resulting in a weekly increase of $18.70 per week or 50 cents per hour. The decision will come into operation on 1 July 2014.

Orders