| [2022] FWC 82 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.285—Annual wage review
Annual Wage Review 2021–22
(C2022/1)
| JUSTICE ROSS, PRESIDENT | MELBOURNE, 19 JANUARY 2022 |
PROVISIONAL TIMETABLE
The timetable for the Annual Wage Review 2021–22 (2021–22 Review) was confirmed in a Statement on 17 September 2021[1] and is set out below:
| 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 final 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
The timetable includes a closing date for lodging post-Budget submissions on the assumption that the Australian Government Budget for 2022–23 will be handed down on the second Tuesday of May (10 May 2022) consistent with usual practice.
On 29 November 2021, the Australian Government issued a parliamentary sitting calendar that listed the Budget to be handed down on 29 March 2022.
Considering this, a provisional timetable based on the revised Budget date has been set. While subject to any further adjustments, the following proposed changes to the 2021–22 Review timetable are suggested:
· the closing date for lodging initial submissions be extended from 25 March 2022 to 1 April 2022 to incorporate submissions regarding the Budget;
· the closing date for lodging reply submissions (and any data or research published after 1 April 2022) be extended from 22 April 2022 to 6 May 2022.
The provisional 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
Submissions regarding the provisional timetable should be made by close of business on Wednesday 2 February 2022 and can be filed electronically at awr@fwc.gov.au.
All submissions will be posted to the Fair Work Commission’s website.
PRESIDENT
<PR737580>
[1] [2021] FWC 5949.
Printed by authority of the Commonwealth Government Printer
- AGLC
- Annual Wage Review 2021–22 [2022] FWC 82
- Case
- [2022] FWC 82
- Decision Date
CaseChat Overview and Summary
The Commission faced several legal issues during the review process. One of the primary issues was the adjustment of the review timetable due to the change in the date of the Australian Government Budget for 2022-2023. The Commission had to consider whether the change in the budget date would impact the review process and, if so, how best to adjust the timetable to accommodate the new date. Additionally, the Commission had to determine the appropriate format and location for the final consultations, as well as the criteria for selecting participants.
The Commission carefully considered the legal issues and ultimately decided to adjust the review timetable to accommodate the change in the budget date. The Commission extended the closing date for lodging initial submissions from March 25, 2022, to April 1, 2022, and the closing date for lodging reply submissions from April 22, 2022, to May 6, 2022. The Commission also decided to conduct the final consultations via Microsoft Teams and set the closing dates for lodging submissions regarding the National Accounts March quarter 2022 as June 3, 2022, and June 7, 2022, respectively. The Commission's decision to adjust the review timetable was based on the need to ensure that all relevant information was considered during the review process.
The Fair Work Commission's decision to adjust the review timetable for the annual wage review for the period of 2021-2022 was a necessary step to ensure that the review process was comprehensive and inclusive. By extending the submission deadlines and adjusting the format of the final consultations, the Commission was able to accommodate the change in the budget date and ensure that all relevant information was considered during the review process. The Commission's decision demonstrates its commitment to conducting a thorough and fair review, which is essential for maintaining the integrity of the annual wage review process.
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