| [2021] FWC 5313 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.285—Annual wage review
Annual Wage Review 2021–22
(C2022/1)
| Justice ross, president | MELBOURNE, 27 AUGUST 2021 |
DRAFT TIMETABLE
The Annual Wage Review 2020–21 (2020–21 Review) stated that the timetable for the Annual Wage Review 2021–22 (2021–22 Review) will be announced in the third quarter of 2021.[1]
A draft timetable for the 2021–22 Review is provided at Attachment A for comment.
The 2021–22 Review will allow for submissions to take into account the National Accounts for the March quarter 2022.
As discussed during the 2019–20 Review proceedings, s.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 2022 provides the outer limit for the completion of the 2021–22 Review.
Submissions regarding the draft timetable should be made by close of business on Friday 10 September 2021 and can be filed electronically at awr@fwc.gov.au.
All submissions will be posted to the Commission’s website.
PRESIDENT
<PR733248>
| Attachment A Annual Wage Review 2021–22 |
| Date | Event |
| 25 March 2022 | Closing date for lodging submissions |
| 22 April 2022 | Closing date for lodging reply submissions and any submissions relating to data or research published after 25 March 2022 |
| 15 April–18 April 2022 | Easter |
| 6 May 2022 | Closing date for expressions of interest in taking part in consultations |
| 13 May 2022* | Closing date for lodging supplementary submissions relating to data or research published after 22 April 2022 and/or post-Budget submissions |
| 18 May 2022^ | Consultations |
| 3 June 2022# | Closing date for lodging submissions regarding the National Accounts March quarter 2022 |
| 7 June 2022 | Closing date for lodging reply submissions regarding the National Accounts March quarter 2022 |
* This date has been set on the assumption that the Budget for 2022–23 will be handed down on the second Tuesday of May, 10 May 2022, 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, 1 June 2022, consistent with usual practice.
[1] [2021] FWCFB 3500 at [324].
[2] [2020] FWCFB 1804 at [14].
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- AGLC
- Annual Wage Review 2021–22 [2021] FWC 5313
- Case
- [2021] FWC 5313
- Decision Date
CaseChat Overview and Summary
The central legal issue in this case was the interpretation and application of section 285(1) of the Fair Work Act 2009, which requires the Expert Panel to complete an annual wage review each financial year. The Commission needed to ensure the review was completed within the specified timeframe while allowing for the submission of relevant data and research. The Commission also needed to consider public holidays and usual release dates for economic data when setting the review's timetable.
The FWC determined that the draft timetable provided for the 2021-22 Review was appropriate, taking into account the statutory requirement to complete the review by 30 June 2022. The Commission considered the usual release dates for economic data and public holidays, and set specific dates for the submission of various types of data and research. The Commission also provided for the submission of post-Budget submissions and supplementary submissions relating to data or research published after the initial submission deadline.
This case did not result in specific final orders but rather provided a draft timetable for the Annual Wage Review 2021-22, inviting submissions from interested parties. The Commission's decision ensured that the review would be completed within the statutory timeframe, while also allowing for the submission of relevant data and research. The Commission also took into account public holidays and usual release dates for economic data when setting the review's timetable.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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