[2017] FWC 4441

The attached document replaces the document previously issued with the original code [2017] FWC 4193 on 11 August 2017.

Incorrect MNC and PR code.

On behalf of the Chambers of Justice Ross

Dated 25 August 2017

[2017] FWC 4441

FAIR WORK COMMISSION

STATEMENT

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

Annual Wage Review 2017–18
(C2018/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 11 AUGUST 2017

DRAFT TIMETABLE

[1] The draft timetable for the 2017-18 Annual Wage Review is attached for comment at Attachment A. Parties should also note that it is the Panel’s intention to publish questions on notice after the lodgement of initial submissions to be answered as part of the reply submissions.

[2] The Annual Wage Review 2015–16 noted that a project to update the previous budget standards is being undertaken by the Australian Council of Social Services, Catholic Social Services Australia, United Voice and the Social Policy Research Centre which may provide contemporary budget standards data. 1

[3] In the event that these contemporary budget standards are published, the Panel will consider having a preliminary hearing on their outcomes. Interested parties will be informed of the Panel’s intentions in this regard.

[4] Submissions in relation to the draft timetable should be made by close of business Friday 18 August 2017 and can be filed electronically at awr@fwc.gov.au.

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

PRESIDENT

Attachment A
Timetable for Annual Wage Review 2017–18

Date	Event
13 March 2018	Closing date for lodging submissions
30 March–2 April 2018	Easter Break
9 April 2018	Closing date for lodging reply submissions and any submissions relating to data published after 13 March 2018
4 May 2018	Closing date for expressions of interest in taking part in the final consultations
11 May 2018*	Closing date for lodging supplementary submissions limited to matters arising from the Budget
15–16 May 2018	Final consultations in Melbourne (15 May 2018) and Sydney (16 May 2018)

* This date has been set on the assumption that the Budget for 2018–19 will be handed down on the second Tuesday of May, 8 May 2018, consistent with usual practice.

1 [2016] FWCFB 3500 at [442].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Justice Ross, issued a draft timetable for the 2017-18 Annual Wage Review, inviting submissions from interested parties. The review aimed to consider contemporary budget standards data potentially provided by a project led by the Australian Council of Social Services, Catholic Social Services Australia, United Voice, and the Social Policy Research Centre. Submissions were to be filed by close of business on 18 August 2017, with all submissions posted on the Commission’s website.

The legal issues before the court were primarily procedural, focusing on the establishment of a timeline for the Annual Wage Review and the potential consideration of updated budget standards data. The court had to decide on the appropriate dates for lodging submissions, reply submissions, and supplementary submissions, as well as the timing for final consultations.

The court's reasoning was straightforward, emphasizing the importance of timely submissions and the potential impact of updated budget standards on the review process. The draft timetable was made available for comment, with a clear indication of the process for submitting and reviewing the data. The court noted that any updated budget standards would be considered, pending their publication. The final orders included the publication of the draft timetable and the invitation for submissions, with specific deadlines outlined for each stage of the review process.

Annual Wage Review 2017–18

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