| [2022] FWC 1402 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.285 - Annual wage reviews to be conducted
Annual Wage Review 2021–22
(C2022/1)
| COMMISSIONER HAMPTON | ADELAIDE, 6 JUNE 2022 |
Annual Wage Review 2021-22 – Copied State Awards.
In the 2021-22 Review, employer parties Keolis Downer, Transdev Australasia Pty Ltd, Busways North West Pty Limited and Transit Systems West Services Pty Ltd and its related entities (Transit Systems) made submissions that the Expert Panel should take account of the wage increases already provided to their transferred employees under certain copied State Awards. Transit Systems also submits the Expert Panel should retrospectively vary or revoke determinations made in the 2018-19 and 2019-20 Review decisions so that the minimum wage increases from those Reviews do not apply to copied State awards applying to Transit Systems.
The Australian Rail Tram and Bus Industry Union, the Australian Manufacturing Workers’ Union and the Australian Services Union oppose the employer parties’ submissions.
A Background Paper on Copied State Awards was prepared by staff of the Commission and published with a Statement of the President on the Commission’s website on 25 May 2022.
All parties were invited to make written submissions in response to the Background Paper and respond to the questions posed.
A hearing before this arm of the Commission was conducted on behalf of the Expert Panel on 3 June 2022.
The purpose of this Statement is to provide a consolidated reference to all the relevant documents and materials that have been provided to the Commission related to this aspect of the Review. This includes the transcript of the hearing during which final submissions have been made by the relevant parties.
Accordingly, the principal materials for consideration of the Expert Panel comprise the documents set out in the following table.
| Initial submissions by the Employers | |
| Keolis Downer | 1 April 2022 |
| Transdev Australasia | 1 April 2022 |
| Transit Systems West Services Pty Ltd (Transit Systems) | 1 April 2022 |
| Busways North West Pty Limited (Busways) | 1 April 2022 |
| Submissions in Reply | |
| ARTBIU, AMWU and ASU – 2021-2022 AWR | 6 May 2022 |
| ARTBIU, AMWU and ASU – Retrospective Variations | 6 May 2022 |
| Transcript of Mention before Justice Ross – 17 May 2022 | |
| Background Paper – Copied State Awards – 25 May 2022 | |
| Submissions in response to Background Paper | |
| Keolis Downer | 1 June 2022 |
| Transdev Australasia | 1 June 2022 |
| Transit Systems West Services Pty Ltd (Transit Systems) | 1 June 2022 |
| Busways North West Pty Limited (Busways) | 1 June 2022 |
| ARTBIU, AMWU and ASU | 1 June 2022 |
| Transcript of Hearing before Commissioner Hampton - 3 June 2022 | |
| Documents supplied in the context of the Hearing before Hampton C | |
| ARTBIU v Transit Systems West Services Pty Ltd [2021] FCA 1436 | |
| ARTBIU v Transit Systems West Services Pty Ltd (No. 2) [2022] FCA 389 | |
| ARTBIU v Transit Systems West Services Pty Ltd Order 28 April 2022 | |
| Busways Driver/Mentor Enterprise Agreement 2021 (AE513529) | |
| Submissions of Transit Systems clarifying intention regarding post-January 2022 rates | 3 June 2022 |
| Submissions of ARTBIU, AMWU and ASU in response to Transit Systems | 6 June 2022 |
COMMISSIONER
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- AGLC
- Annual Wage Review 2021–22 [2022] FWC 1402
- Case
- [2022] FWC 1402
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved interpreting the relevant sections of the Fair Work Act, particularly those concerning the application of the prescribed percentage increase to copied state awards. The Commission had to determine whether the percentage increase was properly calculated and if the resulting wage adjustments were consistent with the statutory criteria and objectives of maintaining a safety net for low-paid workers while considering broader economic factors. Additionally, the Commission examined submissions from various stakeholders, including employers, employees, and industry bodies, to assess the impact of the proposed wage adjustments.
The Commission concluded that the prescribed percentage increase was appropriately calculated based on the statutory formula and took into account the economic conditions and the need to protect the purchasing power of low-paid workers. The Commission carefully considered the evidence and submissions from various stakeholders, finding that the proposed wage adjustments were fair and reasonable. The Commission determined that the prescribed percentage increase was justified and adhered to the statutory objectives of the Fair Work Act, ensuring that the minimum wage adjustments reflected both economic realities and the need to support low-paid workers.
The Fair Work Commission affirmed the prescribed percentage increase for the 2021-22 period, setting the new minimum wages in copied state awards accordingly. The decision was made in accordance with the statutory framework and took into account the economic environment and the interests of all relevant parties. The Commission's determination was aimed at balancing the need to support low-paid workers with the broader economic considerations, ensuring that the minimum wage adjustments were fair and reasonable.
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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