Annual Wage Review 2016–17

Case [2016] FWCFB 6730


[2016] FWCFB 6730
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.285—Annual wage reviews to be conducted

Annual Wage Review 2016–17
(C2017/1)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
DEPUTY PRESIDENT ASBURY
COMMISSIONER HAMPTON
MR COLE
PROFESSOR RICHARDSON
MR GIBBS

MELBOURNE, 19 SEPTEMBER 2016

PRELIMINARY HEARING — RELEASE OF BACKGROUND PAPERS

[1] On 24 August 2016, a Statement was issued on the timetable and preliminary hearing for the Annual Wage Review 2016–17 (2016–17 Review). The Statement indicated that material in relation to all matters considered at the preliminary hearing, scheduled for 24 October 2016, would be made available on the Fair Work Commission’s (Commission’s) website to assist parties. It also confirmed the timetable for the 2016–17 Review at Attachment A.

[2] Today the Commission has released three background papers covering material in relation to the following matters:

    ● a proposal for a medium-term target;
    ● a review of transitional instruments; and
    ● a review of existing arrangements for employees with disability.

[3] The background papers have been prepared by staff of the Commission and do not represent the views of the Expert Panel for annual wage reviews.

[4] The preliminary hearing scheduled for Monday 24 October 2016 will address these three matters. Parties are invited to respond to questions put forward in each of the background papers.

[5] Submissions in response to these matters must be filed by 5.00pm Monday 10 October 2016 and submissions in reply by 5.00pm Monday 17 October 2016. Submissions can be filed electronically at awr@fwc.gov.au.

[6] Expressions of interest and preferred locations to participate in the preliminary hearing can be filed electronically at awr@fwc.gov.au by 20 September 2016.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR585562>

Attachment A
Timetable for Annual Wage Review 2016–17

    Date

    Event

    20 September 2016

    Interested parties to lodge expressions of interest to participate in a preliminary hearing into the Annual Wage Review
    2016–17 process

    10 October 2016

    Closing date for filling submissions and material in relation to matters considered at the preliminary hearing

    17 October 2016

    Closing date for lodging reply submission in relation to matters considered at the preliminary hearing

    24 October 2016

    Preliminary hearing into the Annual Wage Review 2016–17 process to deal with:

      ● United Voice proposal to adopt a medium-term target for the national minimum wage;

      ● a review of transitional instruments; and

      ● a review of existing arrangements for employees with disability.

    29 March 2017

    Closing date for lodging submissions

    13 April 2017

    Closing date for lodging reply submissions and any submissions relating to data published after 29 March 2017

    14–17 April 2017

    Easter Break

    5 May 2017

    Closing date for expressions of interest in taking part in the final consultations

    12 May 2017*

    Closing date for lodging supplementary submissions limited to matters arising from the Budget

    16–17 May 2017

    Final consultations in Melbourne (16 May 2017) and Sydney (17 May 2017)

    * This date has been set on the assumption that the Budget for 2017–18 will be handed down on the second Tuesday of May, 9 May 2017, consistent with usual practice.

Details
AGLC
Annual Wage Review 2016–17 [2016] FWCFB 6730
Case
[2016] FWCFB 6730
Decision Date

CaseChat Overview and Summary

The Annual Wage Review 2016–17 was conducted by the Fair Work Commission in Melbourne. The review was intended to address several key issues related to wage adjustments and the potential adoption of a medium-term target for the national minimum wage. The Commission released three background papers on 24 August 2016 to provide context and preliminary information for the review. These papers covered proposals for a medium-term target for the national minimum wage, a review of transitional instruments, and a review of existing arrangements for employees with disability.

The central legal issues that the Fair Work Commission had to decide upon were whether to adopt a medium-term target for the national minimum wage, whether to revise existing transitional instruments, and whether to modify the arrangements for employees with disability. The Commission also had to determine the process and timelines for the review, including the preliminary hearing and final consultations.

The Fair Work Commission announced that the preliminary hearing would take place on 24 October 2016. Submissions and responses to the background papers were due by 10 and 17 October 2016, respectively. The Commission emphasized that the background papers were prepared by staff and did not reflect the views of the Expert Panel. The final consultations were scheduled for 16–17 May 2017 in Melbourne and Sydney. The Commission provided a detailed timetable for the review, outlining key dates for submissions, consultations, and hearings. The Commission's decision and final orders would be communicated at the conclusion of the review process.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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