Annual Wage Review 2020–21 Summary

[2020] FWC 6411

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Annual Wage Review 2020–21

(C2021/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 27 NOVEMBER 2020

RESEARCH PROGRAM

On 29 October 2020, a Statement was issued on the draft research program for the Annual Wage Review 2020–21 (2020–21 Review). Submissions regarding the draft research program were sought by Thursday 12 November 2020.[1] Two submissions were received and published on the Fair Work Commission’s website.

The ACTU and Ai Group provided comments on the draft research program. No submission was received seeking a change to the draft research program.

The report titled ‘An assessment of the economic effects of COVID-19’ will be undertaken by Professor Jeff Borland from the University of Melbourne. The report will be first published in late December and updated periodically during the course of the 2020–21 Review.

The draft research program, as published on 29 October 2020, is now confirmed.

PRESIDENT

[1] [2020] FWC 5779

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Justice Ross, was presented with a matter concerning the Annual Wage Review 2020–21, an application under section 158 of the Fair Work Act 2009 for the variation or revocation of a modern award. The dispute involved the proposed draft research program for the 2020–21 Review, which was issued on 29 October 2020, with submissions sought by 12 November 2020. Two submissions were received from the ACTU and Ai Group, commenting on the draft research program, while no submission sought a change to the program. The Commission's task was to determine whether to confirm the draft research program as published.

The legal issues before the Commission involved the appropriateness and suitability of the draft research program for the Annual Wage Review 2020–21. This included assessing whether the program, as outlined, appropriately addressed the economic impacts of COVID-19 and met the requirements of the Fair Work Act. The Commission also needed to consider the submissions made by the ACTU and Ai Group, and determine if any changes to the draft program were warranted. Given the economic context of the pandemic, the Commission had to ensure the research program was robust and capable of providing the necessary insights for the wage review.

Justice Ross, in confirming the draft research program, noted that no submissions had sought changes to it, indicating a level of consensus on the program's suitability. The Commission acknowledged the importance of understanding the economic effects of COVID-19, and thus endorsed the research program proposed. The program, which includes a report by Professor Jeff Borland, was deemed appropriate for the review process, and the Commission confirmed the draft as published. This confirmation ensures that the research will proceed as planned, providing timely and relevant data for the wage review.

No specific orders were made in this instance, as the confirmation of the draft research program was the primary outcome. The Commission's decision stands, and the research program will proceed with Professor Jeff Borland's report on the economic effects of COVID-19, to be published in late December and updated periodically.

Annual Wage Review 2020–21

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established