Annual Wage Review 2019–20

Case [2020] FWC 1337


[2020] FWC 1337
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.285 - Annual wage review

Annual Wage Review 2019–20
(C2020/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 12 MARCH 2020

UPDATED TIMETABLE

[1] On 14 October 2019, the timetable for the Annual Wage Review 2019–20 (2019–20 Review) was published. 1

[2] A number of parties have subsequently requested an extension to the closing date for lodging initial submissions to the 2019–20 Review. Correspondence has been received from the Australian Government, New South Wales Government, ACCI and the National Retail Association. I propose to grant a general extension to the lodgement of initial submissions to 4pm Friday 20 March 2020.

[3] I do not propose to change the closing date for the lodgement of reply submissions, as to do so would put in jeopardy the timing of the annual wage review process.

[4] A copy of the revised timetable is attached.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR717436>

Attachment A

Annual Wage Review 2019–20—revised timetable

Date

Event

20 March 2020

Closing date for lodging submissions

9 April 2020

Closing date for lodging reply submissions and any submissions relating to data published after 13 March 2020

10 April–13 April 2020

Easter

5 May 2020

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

15 May 2020*

Closing date for lodging submissions relating to matters arising from the Budget and data published after 9 April 2020

19 May–20 May 2020

Final consultations in Melbourne (19 May 2020) and Sydney (20 May 2020)

* This date has been set on the assumption that the Budget for 2020–21 will be handed down on the second Tuesday of May, 12 May 2020, consistent with usual practice.

 1   [2019] FWCFB 7079

Details
AGLC
Annual Wage Review 2019–20 [2020] FWC 1337
Case
[2020] FWC 1337
Decision Date

CaseChat Overview and Summary

In the Annual Wage Review 2019–20 case, the Fair Work Commission reviewed the annual wage adjustments applicable to award employees across Australia. The Commission, led by President Ross, addressed various submissions and requests from parties including the Australian Government, New South Wales Government, the Australian Chamber of Commerce and Industry, and the National Retail Association. These parties sought an extension to the deadline for submitting initial submissions to the wage review. The Commission granted the extension to 4pm on Friday 20 March 2020, but decided against altering the deadline for reply submissions to maintain the integrity and timing of the annual wage review process.

The primary legal issue before the Commission was whether to extend the deadline for the initial submissions to the Annual Wage Review 2019–20. The Commission had to balance the needs of the various stakeholders who sought the extension against the importance of adhering to the established timeline for the wage review process. The Commission's decision hinged on ensuring fairness and efficiency in the process while accommodating reasonable requests from the involved parties.

In deliberating on the matter, the Commission recognised the importance of maintaining a structured timeline for the wage review process. President Ross acknowledged the requests from the stakeholders but determined that extending the deadline for initial submissions was necessary to allow adequate time for submissions, while keeping the deadline for reply submissions unchanged to ensure the review process could proceed as scheduled. The Commission's decision was based on a careful assessment of the implications of extending the deadline on the overall process and the potential impact on the timely completion of the wage review.

The Fair Work Commission granted an extension to the closing date for lodging initial submissions to the Annual Wage Review 2019–20, setting the new deadline as 4pm on Friday 20 March 2020. The decision underscored the importance of a balanced approach in accommodating stakeholder requests while preserving the integrity of the wage review timeline.

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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