Annual Wage Review 2013–14

[2014] FWCFB 682

[2014] FWCFB 682

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.285—Annual wage reviews to be conducted

Annual Wage Review 2013–14
(C2014/1)

JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT WATSON
COMMISSIONER SPENCER
COMMISSIONER HAMPTON
MR COLE
MR HARCOURT
PROFESSOR RICHARDSON MELBOURNE, 29 JANUARY 2014

PRELIMINARY CONSULTATIONS

[1] On 3 October 2013, the Expert Panel (the Panel) published a statement and timetable for the Annual Wage Review 2013–14 in which it indicated that preliminary consultations may be held on 4 and 5 March 2014. 1

[2] In its 3 October 2013 statement, the Panel explained the purpose of the preliminary consultations:

“Having considered these submissions [for the research program], we have decided to add an early consultation process to the draft timetable should parties indicate they have material they wish to present to the Expert Panel earlier than the initial submissions process (scheduled for 28 March 2014). The primary purpose of the early consultation process is to deal with any witness evidence.” 2

[3] The Panel has decided that the preliminary consultations will go ahead in accordance with the timetable. The consultations will commence at 10.00am on 4 March 2014 in Melbourne. Video links may be facilitated on request (please send any requests to [email protected] by 4pm on 25 February 2014).

[4] In addition to presenting any witness evidence, parties are invited to make submissions on the research conducted by the Workplace Research Centre, University of Sydney Business School and published for the Annual Wage Review 2013-14: Award reliance 3 and Minimum wages and their role in the process and incentive to bargain4.

[5] Submissions may also deal with the issues raised by the Australian Catholic Council for Employment Relations in its submission dated 20 September 2013 regarding the construction of s.284(1)(c) of the Fair Work Act 2009:

“...preliminary and threshold matters can be dealt with in preliminary consultations. They could, and we submit should, include two matters that ACCER seeks to raise about the operation of section 284(1) of the Act: the operation of "relative living standards the needs of the low paid" in paragraph (c) of the subsection in combination with the other parts of the subsection; and the meaning of "relative living standards" in paragraph (c). In regard to the former, ACCER submits that the Commission in its 2012-13 Review decision made an error of law in adopting a construction of section 284(1) that failed to give proper effect to its intended operation and to the operation of paragraph (c) in particular. A summary of that submission and the background to the issue is in the Attachment hereto. In regard to the latter, ACCER submits that the view in the 2012-13 Review decision regarding the scope of the "relative living standards", which had the effect of excluding any consideration of the living standards of those on pensions, was too narrow and not consistent with the intent of the legislation.” 5

[6] The Panel may publish further questions for parties to address at the consultations by
7 February 2014, on the Fair Work Commission website.

[7] Expressions of interest for the preliminary consultations should be lodged by 4.00pm on 6 February 2014. In addition, parties should provide an outline of submissions, including details of any witnesses they propose to call, by 4.00pm on 25 February 2014. Outlines of submissions will be published on the Fair Work Commission website. All documents should be lodged electronically at [email protected].

PRESIDENT

 1  [2013] FWCFB 7722. A correction to the statement was published on 7 November 2013.

 2  [2013] FWCFB 7722 at para 4.

 3   Research Report 6/2013, available at   Research Report 7/2013, available at   ACCER submission re Draft Timetable, 20 September 2013, para. 10, available at by authority of the Commonwealth Government Printer

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