Annual Wage Review 2016–17

Case [2016] FWCFB 5924


[2016] FWCFB 5924
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.285—Annual wage reviews to be conducted

Annual Wage Review 2016–17
(C2017/1)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
DEPUTY PRESIDENT ASBURY
COMMISSIONER HAMPTON
MR COLE
PROFESSOR RICHARDSON
MR GIBBS

MELBOURNE, 24 AUGUST 2016

TIMETABLE AND PRELIMINARY HEARING

Timetable

[1] On 27 July 2016, a Statement was issued on the timetable and preliminary hearing for the Annual Wage Review 2016–17. Parties were invited to comment on the draft timetable.

[2] Correspondence was received and published on the Fair Work Commission website.

[3] United Voice proposed an additional date for the filing of material in response to initial submissions made regarding the proposal to adopt a medium-term target for the national minimum wage. The date suggested was Monday 17 October 2016.

[4] The Australian Council of Trade Unions (ACTU) supported the submission made by United Voice and requested that response material be filed in relation to other matters considered at the preliminary hearing by the suggested date.

[5] The Australian Industry Group had no objections or suggestions in relation to the draft timetable.

[6] The timetable confirmed at Attachment A incorporates the event proposed by United Voice and extends this to all matters considered at the preliminary hearing. The timetable will now be published on the Commission’s website.

Preliminary hearing

[7] The ACTU referred to the Annual Wage Review 2015–16 decision which stated that a background paper providing information on transitional instruments will be published later this year. 1

[8] Material in relation to all matters considered at the preliminary hearing is expected to be made available on the Commission’s website by Monday 19 September. Parties are invited to file submissions in response to these matters by 5.00pm Monday 10 October 2016 and submissions in reply by 5.00pm Monday 17 October 2016. Submissions can be filed electronically at [email protected]

PRESIDENT

Attachment A
Timetable for Annual Wage Review 2016–17

    Date

    Event

    20 September 2016

    Interested parties to lodge expressions of interest to participate in a preliminary hearing into the Annual Wage Review
    2016–17 process

    10 October 2016

    Closing date for filling submissions and material in relation to matters considered at the preliminary hearing

    17 October 2016

    Closing date for lodging reply submissions in relation to matters considered at the preliminary hearing

    24 October 2016

    Preliminary hearing into the Annual Wage Review 2016–17 process to deal with:

      ● United Voice proposal to adopt a medium-term target for the national minimum wage;

      ● a review of transitional instruments; and

      ● a review of existing arrangements for employees with disability.

    Preliminary hearing scheduled in Sydney.

    29 March 2017

    Closing date for lodging submissions

    13 April 2017

    Closing date for lodging reply submissions and any submissions relating to data published after 29 March 2017

    14–17 April 2017

    Easter Break

    5 May 2017

    Closing date for expressions of interest in taking part in the final consultations

    12 May 2017*

    Closing date for lodging supplementary submissions limited to matters arising from the Budget

    17–18 May 2017

    Final consultations in Melbourne (17 May 2017) and Sydney (18 May 2017)

    * This date has been set on the assumption that the Budget for 2017–18 will be handed down on the second Tuesday of May, 9 May 2017, consistent with usual practice.

 1   [2016]FWCFB 3500 at para. 584.

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Details
AGLC
Annual Wage Review 2016–17 [2016] FWCFB 5924
Case
[2016] FWCFB 5924
Decision Date

CaseChat Overview and Summary

The Annual Wage Review 2016–17 involved the Fair Work Commission conducting its annual review of the national minimum wage and other award wages and rates of pay. The Commission is comprised of Justice Ross as President, Vice President Hatcher, Deputy President Asbury, and Commissioner Hampton. The review included consideration of submissions from interested parties, including United Voice and the Australian Council of Trade Unions, on the proposed medium-term target for the national minimum wage and a review of transitional instruments. The Australian Industry Group had no objections or suggestions regarding the proposed timetable.

The primary legal issue before the Commission was to determine the appropriate timetable for the Annual Wage Review 2016–17, including the timing for the submission of materials in response to initial submissions, and the dates for the preliminary hearing and final consultations. The Commission was also tasked with considering proposals from United Voice to adopt a medium-term target for the national minimum wage, reviewing transitional instruments, and examining existing arrangements for employees with disabilities.

The Fair Work Commission considered the submissions from interested parties and determined that the proposed timetable should be amended to include an additional date for the filing of response material to the initial submissions. This date was set for Monday 17 October 2016. The Commission confirmed the timetable, which included the preliminary hearing scheduled for 24 October 2016 and final consultations in Melbourne on 17 May 2017 and Sydney on 18 May 2017. The Commission published the updated timetable on its website.

The Fair Work Commission confirmed the timetable for the Annual Wage Review 2016–17, incorporating an additional date for the filing of response material in relation to initial submissions. This decision ensures that all interested parties have an opportunity to provide their input on the review process and that the review is conducted in a transparent and timely manner.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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