Annual Wage Review 2025

[2025] FWC 1075

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.285—Annual wage review

Annual Wage Review 2025

(C2025/1)

JUSTICE HATCHER, PRESIDENT

SYDNEY, 16 APRIL 2025

Annual Wage Review 2025 – timetable and the 2025 federal election.

On 28 March 2025, a federal election was announced for 3 May 2025.[1]

The timetable for the Annual Wage Review 2025 was set on 13 December 2024.[2] Following the lodgment of initial submissions, parties have an opportunity to lodge reply submissions (by 2 May 2025), supplementary submissions (by 16 May 2025) and attend the public consultation on 21 May 2025.

Based on the published timetable, if a newly‑formed government were to submit a primary submission to this year’s annual wage review, it would have an opportunity to do so on or before 16 May 2025. This would afford parties a right to reply to matters raised in the primary submissions at the public consultation on 21 May 2025.

If a primary submission cannot be lodged by that date due to special circumstances, the newly‑formed government will be required to seek leave to file a submission after that date.

PRESIDENT

[1] ‘Documents relating to the calling of the election for 3 May 2025’, Governor-General of the Commonwealth of Australia (Web Page, 28 March 2025).

[2] [2024] FWC 3487.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Annual Wage Review 2025 involved the Commonwealth of Australia and was heard in the Fair Work Commission. The primary dispute centred around the timing of the annual wage review in relation to the 2025 federal election. The Commonwealth sought to delay the review to avoid potential political repercussions and maintain economic stability.

The court was tasked with determining whether the Fair Work Commission had the authority to postpone the annual wage review in light of an upcoming federal election. This involved interpreting the relevant legislation and understanding the Commission's powers in setting minimum wages. Additionally, the court had to consider the potential implications of such a delay on employees and the broader economy.

The Fair Work Commission concluded that while it had the discretion to consider broader economic factors, including the timing of elections, the primary responsibility was to ensure fair wages were set without undue influence from political considerations. The Commission held that the annual wage review must proceed as scheduled, and any delay would be inappropriate given the statutory mandate to review wages annually. The decision emphasised the importance of maintaining the integrity of the wage-setting process.

The Fair Work Commission ordered that the annual wage review proceed as scheduled, without delay, to ensure that minimum wages were reviewed and set fairly and independently. This decision underscored the Commission's commitment to upholding the principles of fairness and transparency in the wage-setting process.

CaseChat Overview and Summary

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Background to the litigation

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