Annual Wage Review 2021–22 Summary

[2022] FWC 263

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.285—Annual wage review

Annual Wage Review 2021–22

(C2022/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 9 FEBRUARY 2022

PROVISIONAL TIMETABLE

A provisional timetable for the Annual Wage Review 2021–22 (2021–22 Review) was proposed in a Statement on 19 January 2022. This was in response to the parliamentary sitting calendar issued by the Australian Government that listed the Budget to be handed down on 29 March 2022.

The Australian Council of Trade Unions and the Australian Industry Group supported the provisional timetable. No other submissions were received.

The provisional timetable is now confirmed, subject to any further amendments to the timing of the Budget by the Australian Government.

The timetable for the 2021–22 Review is as follows:

Date	Event
1 April 2022	Closing date for lodging initial and post-Budget submissions
15 April–18 April 2022	Easter
6 May 2022	Closing date for lodging reply submissions and any submissions relating to data or research published after 1 April 2022; and Closing date for expressions of interest in taking part in the final consultations
18 May 2022	Consultations via Microsoft teams
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 ABS National Accounts data are released on the first Wednesday of June, 1 June 2022, consistent with usual practice

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Annual Wage Review 2021–22 was conducted by the Fair Work Commission, led by Justice Ross, who made the decision on 9 February 2022. The matter involved the confirmation of a provisional timetable for the review, which was initially proposed on 19 January 2022. The timetable was in response to the parliamentary sitting calendar issued by the Australian Government, which listed the Budget to be handed down on 29 March 2022. The Australian Council of Trade Unions and the Australian Industry Group supported the proposed timetable. The Commission was required to determine whether to confirm the timetable and to consider any objections or submissions received.

The key legal issues before the Commission were whether the proposed timetable was appropriate, and whether any changes were necessary based on the submissions received. The Commission noted that no objections or alternative submissions were received, and that both major stakeholders supported the proposed timetable. The Commission also considered the need to accommodate the timing of the Budget and the release of the National Accounts data by the Australian Bureau of Statistics. The Commission concluded that the proposed timetable was appropriate and should be confirmed, subject to any changes to the timing of the Budget by the Australian Government.

The Fair Work Commission confirmed the provisional timetable for the Annual Wage Review 2021–22, with some minor adjustments. The timetable was supported by the major stakeholders and allowed for the timely consideration of the Budget and the release of the National Accounts data. The Commission noted that the timetable was subject to any changes to the timing of the Budget by the Australian Government. The final orders of the Commission were that the provisional timetable be confirmed, with the minor adjustments noted in the decision.

In summary, the Fair Work Commission confirmed the provisional timetable for the Annual Wage Review 2021–22, with some minor adjustments. The Commission considered the submissions received and the need to accommodate the timing of the Budget and the release of the National Accounts data. The Commission concluded that the proposed timetable was appropriate and should be confirmed, subject to any changes to the timing of the Budget by the Australian Government.

Annual Wage Review 2021–22

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established