Annual Wage Review 2013–14

[2013] FWC 4686

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

MELBOURNE, 17 JULY 2013

RESEARCH PROGRAM

[1] The Annual Wage Review 2012-13 decision stated that the Commission intended to give consideration to a research program for the Annual Wage Review 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.” 1

[2] 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. 2 This includes the commissioning of the ‘Award-reliance’ survey and ‘Minimum wages and their role in the process and incentive to bargain’ research being conducted by the Workplace Research Centre of the University of Sydney. It is anticipated that this research will be published in the last quarter of 2013 to inform the Annual Wage Review 2013-14.

[3] 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 such as productivity; business competitiveness and viability; and employment growth.4 It is anticipated that this research will be published in time to inform the Annual Wage Review 2014-15. 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. As with the previous Annual Wage Review, a draft statistical report will be provided for comment with the draft research program.

[5] Submissions to the Commission regarding the research program should be made by close of business on 22 August 2013 and can be filed electronically at awr@fwc.gov.au or by facsimile to (03) 9655 0401.

PRESIDENT

1 [2013] FWCFB 4000, at para. 601.

2 [2012] FWAFB 9095 (see Attachment A to [2012] FWAFB 8286).

3 For more information about the Australian Workplace Relations Study, see the Fair Work Commission website:

4 Fair Work Act 2009, s 284.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Annual Wage Review 2013–14, the Fair Work Commission was tasked with conducting an annual wage review as mandated by the Fair Work Act 2009. The Commission, led by Justice Ross, outlined the process for inviting interested parties to lodge research proposals for the upcoming review. This decision followed the Commission’s earlier commitment to significant research projects, including the ‘Award-reliance’ survey and research on minimum wages, as well as the Australian Workplace Relations Study, which aimed to address data gaps at the enterprise level. Given these commitments, the Commission acknowledged the limited capacity to undertake additional research for the 2013–14 review but invited submissions for the proposed research program by 22 August 2013.

The legal issues the court needed to address involved the Commission's ability to effectively conduct the annual wage review within the constraints of its existing research commitments. The Commission had to balance the statutory obligation to consider new research proposals against its prior commitments and resource allocations. Additionally, the court needed to determine how best to manage the submission process to ensure that the Commission could incorporate relevant research findings into the annual wage review. The decision also involved clarifying the timeline for the release of research findings that would inform the wage review, particularly given the anticipated publication dates of the ongoing research projects.

The Commission concluded that while it had already committed substantial resources to ongoing research projects, it could still invite and consider new research proposals for the 2013–14 review. The court reasoned that the Commission's existing commitments would not entirely preclude new research but would necessitate careful consideration of the scope and timing of any additional projects. The Commission also outlined the process for submitting research proposals and commented on the statistical report, indicating that a draft would be provided for feedback. The Commission aimed to ensure that the research program was both comprehensive and manageable within the constraints of its existing commitments and resource availability.

The Fair Work Commission announced that submissions regarding the research program for the Annual Wage Review 2013–14 should be submitted by close of business on 22 August 2013, either electronically or by facsimile. This decision provided a clear timeline and process for interested parties to contribute to the research program while acknowledging the limitations imposed by ongoing research commitments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established