STATEMENT

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

Annual Wage Review 2016–17
(C2017/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 27 JULY 2016

DRAFT TIMETABLE AND PRELIMINARY HEARING

[1] The Annual Wage Review 2015–16 (2015–16 Review) decision stated that a timetable for the Annual Wage Review 2016–17 (2016–17 Review) would be announced in the third quarter of 2016. 1

[2] The 2015–16 Review decision also stated that the submission by United Voice 2—that the Expert Panel for annual wage reviews (Panel) take the procedural step of deciding to conduct a preliminary hearing into whether the Panel should adopt a medium-term target for the NMW—would be dealt with by the Panel constituted for the 2016–17 Review.

[3] Further, the Panel identified other matters for the Panel constituted to conduct the 2016–17 Review. This included a review of transitional instruments that must be dealt with as part of annual wage reviews and a review of the existing arrangements for employees with disability. 3

[4] This Statement addresses timetabling for the 2016–17 Review, including the process to address the above considerations.

Preliminary hearing on 2016–17 Review process

[5] As detailed in the attached draft timetable, a preliminary hearing in relation to the process to deal with these considerations is proposed to be scheduled for Monday 24 October 2016, in Sydney, with any written material to be filed electronically at awr@fwc.gov.au and received by 10 October 2016.

Draft timetable

[6] The attached draft timetable for the 2016–17 Review has been prepared for comment.

[7] Any submissions or suggestions in relation to the draft timetable should be received by the Fair Work Commission (Commission) no later than 19 August 2016 and can be filed electronically at awr@fwc.gov.au.

[8] All submissions will be posted to the Commission’s website. 4

[9] A final timetable will be released by 30 September 2016 on the Commission’s website. Any additions to the timetable arising from the preliminary hearing will be posted to the Commission’s website.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2016] FWCFB 3500 at para. 669.

2 United Voice submission, 30 March 2016 at p. 6, para. 7.

3 [2016] FWCFB 3500 at para. 666.

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Attachment A
Draft timetable for Annual Wage Review 2016–17—for comment

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
4 October 2016	Closing date for filling submissions and material 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.
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 5 May 2017	Easter Break 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.

The Fair Work Commission was responsible for conducting the Annual Wage Review 2016–17, which involved determining the national minimum wage and other employment conditions. The Commission had to address several considerations, including a proposal by United Voice 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. The Commission issued a draft timetable for the review and sought comments on it.

The key legal issue before the Commission was how to appropriately address the considerations identified in the previous Annual Wage Review 2015–16. Specifically, the Commission had to determine the process for conducting a preliminary hearing into whether the Panel should adopt a medium-term target for the national minimum wage, as proposed by United Voice. The Commission also had to decide how to review the transitional instruments and existing arrangements for employees with disability as part of the annual wage reviews.

The Commission proposed a draft timetable for the Annual Wage Review 2016–17, which included a preliminary hearing on 24 October 2016 to address the considerations identified in the previous review. The Commission invited interested parties to lodge expressions of interest to participate in the preliminary hearing and to file submissions and material in relation to the matters to be considered at the hearing. The Commission also sought comments on the draft timetable, which would be posted on its website along with all submissions. A final timetable would be released by 30 September 2016.

The Fair Work Commission released a final timetable for the Annual Wage Review 2016–17, which included a preliminary hearing on 24 October 2016 to address the considerations identified in the previous review. The Commission also announced that any additions to the timetable arising from the preliminary hearing would be posted on its website. The final timetable included various deadlines for lodging submissions and participating in final consultations in Melbourne and Sydney.

Annual Wage Review 2016–17

STATEMENT

Draft timetable

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established