Annual Wage Review 2020–21

[2020] FWC 5012

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.285—Annual wage review

Annual Wage Review 2020–21

(C2021/1)

Justice ross, president

MELBOURNE, 17 SEPTEMBER 2020

DRAFT TIMETABLE

The Annual Wage Review 2019–20 (2019–20 Review) stated that the timetable for the Annual Wage Review 2020–21 (2020–21 Review) will be announced in the third quarter of 2020.[1]

The effects of the COVID-19 pandemic on the conduct of the 2020–21 Review remain uncertain. We will continue to remain flexible throughout these proceedings and adjust the timetable as necessary.

The final date for initial submissions will be in late March to allow parties to consider the February 2021 Labour Force data, expected to be released in the third week of March 2021.

The 2019–20 Review allowed parties to provide submissions on the National Accounts for the March quarter 2020 which were released in early June. Recognising that the National Accounts data for the March quarter 2021 is expected to be published in early June 2021, we have again allowed for submissions to be lodged for this data release.

However, as discussed throughout the 2019–20 Review proceedings, section 285(1) provides that the Expert Panel ‘must conduct and complete an annual wage review in each financial year’ (emphasis added). [2] It follows that 30 June 2021 provides the outer limit for the completion of the 2020–21 Review.

A draft timetable for the 2020–21 Review is provided at Attachment A for comment.

Submissions to the Fair Work Commission (Commission) regarding the draft timetable should be made by close of business on 8 October 2020 and can be filed electronically at awr@fwc.gov.au.

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

PRESIDENT

Attachment A

Annual Wage Review 2020–21
—Draft Timetable

Date	Event
26 March 2021 2 April–5 April 2021	Closing date for lodging submissions Easter
16 April 2021	Closing date for lodging reply submissions and any submissions relating to data or research published after 26 March 2021
7 May 2021	Closing date for expressions of interest in taking part in consultations
14 May 2021*	Closing date for lodging supplementary submissions relating to data or research published after 16 April 2021 and/or post-Budget submissions
19 May 2021^	Consultations
4 June 2021# 8 June 2021	Closing date for lodging submissions regarding the National Accounts March quarter 2021 Closing date for lodging reply submissions regarding the National Accounts March quarter 2021

* This date has been set on the assumption that the Budget for 2021–22 will be handed down on the second Tuesday of May, 11 May 2021, consistent with usual practice.
^ Format and location to be determined.
# This date has been set on the assumption that the ABS National Accounts data are released on the first Wednesday of June, 2 June 2021, consistent with usual practice.

[1] [2020] FWCFB 3500 at [473].

[2] [2020] FWCFB 1804 at [14].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Annual Wage Review 2020–21 was conducted by the Fair Work Commission (FWC) in accordance with section 285 of the Fair Work Act 2009. The primary dispute in this case was the timing and structure of the Annual Wage Review, which was affected by the COVID-19 pandemic. The Commission was required to adjust the usual timetable to accommodate the delays and uncertainties caused by the pandemic. The Fair Work Act mandates that the Annual Wage Review must be completed by 30 June each year, and this review process involves submissions from various stakeholders and consultations with the Expert Panel.

The legal issues before the Commission were whether the proposed timetable for the 2020–21 Review was compliant with the statutory requirements, and if not, how the Commission could adjust the timetable to ensure the review was completed by 30 June 2021. The Commission had to balance the statutory mandate with the practicalities of the pandemic and the need for flexibility in the review process.

The Commission determined that the draft timetable provided sufficient flexibility to accommodate the uncertainties caused by the pandemic while ensuring the review was completed by the statutory deadline. The Commission emphasised the importance of allowing stakeholders to submit data and research up until the release of the National Accounts data for the March quarter 2021. The Commission also highlighted the need for timely consultations with the Expert Panel and other stakeholders. The proposed timetable was deemed appropriate, with submissions to be made by 8 October 2020, and all submissions would be posted on the Commission’s website.

The Commission issued a draft timetable for the 2020–21 Review, allowing for submissions to be made up until 30 June 2021. The final orders included a flexible but stringent timetable to ensure the Annual Wage Review was completed on time, despite the disruptions caused by the COVID-19 pandemic.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established