Annual Wage Review 2022–23

[2022] FWC 3280

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.285—Annual wage review

Annual Wage Review 2022–23

(C2023/1)

acting president HATCHER

sydney, 13 december 2022

AMENDED TIMETABLE & DIRECTIONS ISSUED RE COPIED STATE AWARDS

The timetable for the Annual Wage Review 2022–23 (2022–23 Review) was confirmed in a Statement issued on 4 November 2022 (November Statement).

The November Statement noted that the Expert Panel will hold a preliminary hearing in March 2023 to allow for full argument as to how the Expert Panel should deal with copied State awards.[1]

The copied State awards matter was listed for mention on Tuesday 13 December 2022.

Further to the mention, the following directions are made:

1. Interested parties are to file written submissions in relation to how the Expert Panel should deal with copied State awards by 4:00 pm (AEDT) Friday, 17 February 2023.
2. Any submissions in reply are to be filed by 4:00 pm (AEDT) Friday, 3 March 2023.

3. The matter is listed for mention on Friday, 10 March 2023.

4. The matter is listed for preliminary hearing on Friday, 17 March 2023.

As set out in direction 4 above, the date listed for the preliminary hearing concerning copied State awards confirmed in the November Statement has been rescheduled.

Amendments to the timetable for the 2022–23 Review are as follows:

Date	Event
10 February 2023	Closing date for lodging submissions dealing with copied State awards
24 February 2023	Closing date for lodging reply submissions dealing with copied State awards
10 March 2023	Mention for copied State awards
17 March 2023	Preliminary hearing for copied State awards
31 March 2023	Closing date for lodging initial submissions
7 April–10 April 2023	EASTER
28 April 2023	Closing date for lodging reply submissions and any submissions relating to data or research published after 31 March 2023
5 May 2023	Closing date for expressions of interest in taking part in consultations
12 May 2023*	Closing date for lodging supplementary submissions relating to data or research published after 28 April 2023 and/or post-Budget submissions
17 May 2023^	Consultations

* This date has been set on the assumption that the Budget for 2023–24 will be handed down on the second Tuesday of May, 9 May 2023, consistent with usual practice.
^ Format and location to be determined.

ACTING PRESIDENT

[1] [2022] FWCFB 2756 at [5]; [2022] FWCFB 2934 at [9]

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in the matter of the Annual Wage Review 2022–23, issued an amended timetable and directions regarding the handling of copied State awards. The initial timetable, set out in a statement on 4 November 2022, was adjusted following a mention on 13 December 2022. The primary dispute involved how the Expert Panel should manage awards that were copied from state awards.

The legal issues before the Commission involved determining the appropriate procedural steps for the Expert Panel to follow in considering copied State awards within the context of the Annual Wage Review. The Commission had to decide on the timeline and procedural mechanisms to ensure that all interested parties had an opportunity to present their views and evidence. Furthermore, the Commission needed to align the handling of these awards with the overall framework and deadlines of the Annual Wage Review.

The Commission addressed these issues by issuing specific directions for the submission and review of written arguments concerning copied State awards. Interested parties were required to submit their views by 17 February 2023, with reply submissions due by 3 March 2023. The matter was then set for a mention on 10 March 2023 and a preliminary hearing on 17 March 2023. The Commission also adjusted the overall timetable for the Annual Wage Review, incorporating these new dates and procedures. This ensured that all submissions and hearings were properly aligned with the broader review process.

The Fair Work Commission confirmed the amended timetable and issued directions to manage the handling of copied State awards in the Annual Wage Review 2022–23. Submissions on this matter were due by 17 February 2023, with reply submissions due by 3 March 2023. The mention and preliminary hearing dates were set for 10 and 17 March 2023, respectively. These adjustments were integrated into the overall timetable for the Annual Wage Review, ensuring a coherent and timely process for all involved parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established