STATEMENT

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

Annual Wage Review 2016–17
(C2017/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 15 JULY 2016

DRAFT RESEARCH PROGRAM

[1] The Annual Wage Review 2015–16 (2015–16 Review) decision stated that the Commission intended:

“… to give consideration to the research program for the 2016–17 Review as soon as practicable. We note that the remaining projects from the medium-term research program are on the youth labour market and the characteristics of the under-employed and unemployed. This research may be further scoped as part of the usual practice of consultation by Commission staff with the Minimum Wages Research Group after the completion of this Review.” 1

[2] In regards to the proposal of future research, the 2015–16 Review decision stated that:

“As the medium-term research program nears completion, we invite interested parties to lodge research proposals by 31 July 2016. However, we note that the Commission’s capacity to undertake additional commissioned or other research is more limited than in previous years and parties are encouraged to take these constraints into account in their proposals.” 2

[3] The commitment of resources to these projects means that while there is limited capacity for the Commission to undertake additional research for the upcoming review, proposals for research may be considered in the context of future reviews.

[4] The attached draft research program for the 2016–17 Review, which includes a description of the Statistical report and Research reference list, has been prepared for comment.

[5] Submissions to the Commission regarding the research program as well as future research proposals should be made by close of business on 31 July 2016 and can be filed electronically at awr@fwc.gov.au.

[6] All submissions will be posted to the Commission’s website.

PRESIDENT

FAIR WORK COMMISSION

Attachment A

Annual Wage Review 2016–17—draft research program

The following items will be published to inform the Annual Wage Review 2016–17 (2016–17 Review).

Statistical report

This will follow the format of previous Statistical reports, with the inclusion of some relevant data based on information presented in the Annual Wage Review 2015–16 decision.

Research reference list

The Research reference list, undertaken by staff of the Commission, will be published at the same time as the Statistical report and will list Australian and international literature, such as working papers, journal articles or other types of published reports, relevant to the minimum wages and modern awards objectives. The report will only encompass relevant literature published over the year to March 2017.

Research reports

A number of research reports are currently underway to inform the 2016–17 Review. These include research foreshadowed in the medium-term research program. A paper summarising all of the research undertaken for the 2016–17 Review will also be published. An outline of these projects is provided below.

Explaining recent trends in collective bargaining

This project will involve an analysis of the recent trends in employees covered by enterprise agreements, focusing on factors such as sectoral shifts. The project will be undertaken in…

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: [2016] FWC 4786
Decision Date: 15 JULY 2016

CaseChat Overview and Summary

The decision under review was made by the Fair Work Commission, presided over by Justice Ross, in the context of the Annual Wage Review for 2016-17. The Commission was tasked with conducting an annual wage review as mandated by the Fair Work Act 2009, specifically section 285. The review process involved considering the medium-term research program and inviting interested parties to submit research proposals by a specified deadline. The Commission communicated that its capacity to undertake additional research was limited due to resource commitments to ongoing projects, but future research proposals would be considered in the context of subsequent reviews.

The primary legal issue before the Commission was whether the draft research program for the 2016-17 Annual Wage Review was appropriately scoped and communicated to interested parties. The Commission needed to determine if the research program sufficiently aligned with its objectives of providing relevant data and analysis to inform the wage review, while also considering the limitations on its research capacity. Additionally, the Commission had to assess if the process for soliciting and evaluating future research proposals was fair and transparent.

In its decision, the Commission outlined the draft research program for the 2016-17 Annual Wage Review, which included a statistical report and a research reference list. The Commission emphasized that while its capacity for additional research was constrained, it remained open to considering research proposals within this context. The Commission provided details of ongoing research projects, such as analyses of trends in collective bargaining, the youth labour market, and factors affecting apprenticeships and traineeships. It also outlined a future research project on the characteristics of the underemployed and unemployed. The Commission invited submissions regarding the research program and future research proposals by a specified deadline and committed to posting all submissions on its website.

The Commission's decision reflects a careful balancing of its research priorities with the need to remain open to relevant external research proposals. By detailing its research program and inviting submissions, the Commission ensured transparency and inclusivity in its approach to the 2016-17 Annual Wage Review. The final orders included the publication of the draft research program and the invitation for submissions on the research program and future research proposals by the specified deadline.

Orders