FAIR WORK COMMISSION CORRECTION TO STATEMENT

[2013] FWCFB 7722

FAIR WORK COMMISSION

CORRECTION TO STATEMENT

Fair Work Act 2009
s.285 - Annual wage review

(C2014/1)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 7 NOVEMBER 2013

Annual Wage Review Timetable.

[1] The Statement issued by the Fair Work Commission on 3 October 2013 [2013 FWCFB 7722, PR 542833] is corrected as follows:

Reference in paragraph 6 of the Statement to consultations in Melbourne on 21 May 2014 is amended to 20 May 2014 and reference to consultations in Sydney on 22 May is amended to 21 May 2014.

[2] The following timetable is now confirmed:

Date February–June 2014 6 February 2014	Event Annual Wage Review for the 2013–14 financial year Interested parties to lodge expression of interest to participate in preliminary consultations in March 2014
4–5 March 2014* 28 March 2014	Preliminary consultations for Annual Wage Review 2013–14 Closing date for lodging submissions
15 April 2014	Closing date for lodging reply submissions and any submissions relating to data published after 28 March 2014
18–21 April 2014 2 May 2014	Easter Break Closing date for expressions of interest in taking part in the final consultations
16 May 2014**	Closing date for lodging supplementary submissions limited to matters arising from the Budget
20–21 May 2014***	Final consultations in Melbourne (20 May 2014) and Sydney (21 May 2014)

*This consultation may be vacated if no expressions of interest to participate in preliminary consultation are received.
**This date has been set on the assumption that the Budget for 2013–14 will be handed down on the second Tuesday of May, 13 May 2014, consistent with past practice.
***Questions on notice to parties to the consultation from the Expert Panel will be published on the Fair Work Commission’s website prior to this consultation.

[3] The corrected timetable will now be published on the Fair Work Commission website.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) issued a statement on 3 October 2013, which contained an error regarding the dates of consultations in Melbourne and Sydney. The FWC subsequently issued a correction, amending the dates of these consultations. The parties involved were the FWC and the interested parties who had participated in, or wished to participate in, the annual wage review consultations. The dispute centred around the accuracy of the dates mentioned in the original statement issued by the FWC.

The legal issue before the FWC was whether the correction to the statement was necessary and appropriate. The FWC had to consider if it had the authority to correct the statement and whether the correction was in line with the objectives of the Fair Work Act 2009. The FWC also needed to ensure that the corrected timetable was fair and reasonable for all interested parties involved in the annual wage review process.

The FWC found that it had the authority to correct the statement under section 285 of the Fair Work Act 2009, which allows for annual wage reviews. The correction was deemed necessary to ensure accuracy and fairness in the consultation process. The FWC also considered the potential impact on interested parties and determined that the corrected timetable would not significantly affect their ability to participate in the consultations. The FWC confirmed the corrected timetable and stated that it would be published on its website.

As a result of the FWC's decision, the corrected statement was published, and the amended timetable for the annual wage review consultations was confirmed. This decision ensured that the process remained transparent, accurate, and fair for all interested parties involved in the annual wage review.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established