Annual Wage Review 2013–14 - [2013] FWCFB 8514

[2013] FWCFB 8514

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 ANTHONY COLE
MR TIM HARCOURT
PROFESSOR SUE RICHARDSON

MELBOURNE, 1 NOVEMBER 2013

RESEARCH PROGRAM

[1] On 3 October 2013, the Expert Panel (the Panel) published a draft research program for the Annual Wage Review 2013–14. 1 Submissions and suggestions in relation to the draft research program were sought by 17 October 2013. No submissions were received.

[2] Accordingly, the Panel confirms the research program as outlined in Attachment A to this Statement.

[3] Further consultation in relation to the research program, including the contents of the Statistical Report, will be undertaken. That process will be part of the usual practice of Fair Work Commission staff in consultation with the Minimum Wages Research Group.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

Annual Wage Review 2013–14 – Research program

Background

The Annual Wage Review 2012–13 decision stated that the Fair Work Commission (the Commission) intended to give consideration to a research program for the 2013–14 as soon as practicable:

“We intend to give consideration to the research program for the Annual Wage Review 2013–14 as soon as practicable and will invite interested parties to lodge research proposals. The research program will not necessarily be restricted to the parties’ proposals.” 2

In a Statement on 17 July 2013, the President outlined that:

“Before inviting submissions for the Commission’s research program, it is relevant to note that the Commission has already committed significant resources to a number of research projects to meet the Commission’s previous research program priorities.

The Commission has also committed resources to the upcoming Australian Workplace Relations Study 3 to be undertaken in 2013-14 which will fill an important data gap at the enterprise/workplace level on matters that the Commission must take into account when conducting an annual wage review ... The commitment of resources to these projects means that there is limited capacity for the Commission to undertake additional research for the upcoming review. However, we invite submissions to the research program proposed taking into account the stated constraints, and also invite comment on the statistical report.”4

The public conference foreshadowed by the President was held on 12 September 2013. Two research proposals were received from:

the Australian Council of Trade Unions (ACTU); and

the Australian Catholic Council for Employment Relations (ACCER).

The Australian Industry Group (Ai Group) and the Australian Chamber of Commerce and Industry (ACCI) gave comments on the research proposals at the public conference on 12 September 2013.

Additional information was requested by the President in relation to the research proposals. The ACTU and ACCER submitted this material on 17 September 2013. Comments regarding this additional information closed 24 September 2013.

Following these processes, a draft research program was issued by the Panel on 3 October 2013 5 and comments on the draft program closed 17…

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.

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Details

Case: [2013] FWCFB 8514
Decision Date: 1 NOVEMBER 2013

CaseChat Overview and Summary

In the case of the Annual Wage Review 2013–14, the Fair Work Commission (FWC) was tasked with conducting an annual wage review under the Fair Work Act 2009. The review involved determining the appropriate adjustments to minimum wages, which were to be effective from 1 April 2014. The FWC was required to consider various submissions and research proposals to inform its decision.

The legal issues before the FWC included determining the scope and content of the research program for the Annual Wage Review, assessing the research proposals submitted by interested parties, and deciding on the specific research projects to be undertaken. The FWC also needed to consider the impact of its decisions on the minimum wage adjustments, ensuring that the review process was fair and balanced.

In its decision, the FWC confirmed the research program as outlined in Attachment A to the Statement, which included several research projects. The FWC noted that it had already committed significant resources to other research projects, limiting its capacity to undertake additional research for the Annual Wage Review. However, it invited submissions and comments on the proposed research program and statistical report. The FWC also decided to continue its statistical reporting and initiate a linked employer-employee survey to capture views on workplace issues and pay equity matters.

The FWC's decision confirmed the research program for the Annual Wage Review 2013–14, which involved several research projects to inform future annual wage reviews. The FWC also decided to continue its statistical reporting and initiate a linked employer-employee survey. These decisions ensured that the FWC had the necessary data and information to make informed adjustments to minimum wages.

Orders