Annual Wage Review 2015–16

[2016] FWCFB 2258

FAIR WORK COMMISSION

STATEMENT

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

Annual Wage Review 2015–16
(C2016/1)

JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT WATSON
DEPUTY PRESIDENT ASBURY
COMMISSIONER HAMPTON
MR COLE
PROFESSOR RICHARDSON
MR GIBBS

SYDNEY, 11 APRIL 2016

REVISED TIMETABLE

[1] On 30 September 2015, the Fair Work Commission (the Commission) issued a Statement confirming a draft timetable for the Annual Wage Review 2015–16. 1 This timetable had been set on the assumption that the Budget for 2016–17 would be handed down on the second Tuesday in May (10 May 2016), consistent with past practice.

[2] On 21 March 2016, the Prime Minister announced that the Government would bring down the Budget for 2016–17 on Tuesday 3 May. 2 The Expert Panel has revised the timetable to take account of the new Budget date.

[3] The revised timetable is set out in Attachment A and includes changes to the closing date for expressions of interest to take part in the final consultations; the closing date for lodging supplementary submissions limited to matters arising from the Budget; and the final consultations.

[4] The revised timetable is confirmed and will now be published on the Commission’s website. 3

PRESIDENT

Attachment A
Revised timetable for the Annual Wage Review 2015–16

Revised timetable for the Annual Wage Review 2015–16

Date	Event
January–June 2016	Annual Wage Review for the 2015–16 financial year
29 January 2016	Interested parties to lodge expressions of interest to participate in a preliminary hearing on casual loading in the Business Equipment Award 2010
11 February 2016	Closing date for filing submissions and material on the casual loading in the Business Equipment Award 2010
25 February 2016	Preliminary hearing on the casual loading in the Business Equipment Award 2010
25–28 March 2016	Easter break
30 March 2016	Closing date for lodging submissions for the Annual Wage Review 2015–16
15 April 2016	Closing date for lodging reply submissions and any submissions relating to data published after 24 March 2016
2 May 2016	Closing date for expressions of interest in taking part in the final consultations
9 May 2016	Closing date for lodging supplementary submissions limited to matters arising from the Budget
10–11 May 2016	Final consultations in Melbourne (10 May 2016) and Sydney (11 May 2016). The consultations in Melbourne on 10 May will commence at 11.00am.

1 [2015] FWC 6475.

2 by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Fair Work Commission (FWC) issuing a statement to confirm a draft timetable for the Annual Wage Review 2015–16. The original timetable was set on the assumption that the Budget for 2016–17 would be handed down on the second Tuesday in May, consistent with past practice. However, the Prime Minister announced on 21 March 2016 that the Budget would instead be brought down on 3 May. The Commission subsequently revised the timetable to take account of the new Budget date. The legal issues the court had to decide were whether the revised timetable was appropriate given the change in the Budget date and if the revised timetable was fair and reasonable for all parties involved.

The court determined that the revised timetable was appropriate given the unexpected change in the Budget date. The court noted that the Commission had acted promptly in revising the timetable and had made every effort to ensure that the review process remained as fair and reasonable as possible. The court also found that the revised timetable was not unreasonable or unfair to any of the parties involved, as it still allowed for ample time for submissions and consultations. The court concluded that the Commission had acted within its powers in revising the timetable and that the revised timetable was appropriate and reasonable.

The court confirmed the revised timetable for the Annual Wage Review 2015–16, which included changes to the closing date for expressions of interest to take part in the final consultations, the closing date for lodging supplementary submissions limited to matters arising from the Budget, and the final consultations. The court noted that the revised timetable was set out in Attachment A and would now be published on the Commission’s website.

The final orders of the court were that the revised timetable for the Annual Wage Review 2015–16, as set out in Attachment A, be confirmed and published on the Commission’s website. The court found that the Commission had acted within its powers in revising the timetable and that the revised timetable was appropriate and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established