[2014] FWCFB 682
STATEMENT
Fair Work Act 2009
s.285—Annual wage reviews to be conducted
Annual Wage Review 2013–14
(C2014/1)
JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT WATSON
COMMISSIONER SPENCER
COMMISSIONER HAMPTON
MR COLE
MR HARCOURT
PROFESSOR RICHARDSON
MELBOURNE, 29 JANUARY 2014
PRELIMINARY CONSULTATIONS
[1] On 3 October 2013, the Expert Panel (the Panel) published a statement and timetable
for the Annual Wage Review 2013–14 in which it indicated that preliminary consultations
may be held on 4 and 5 March 2014.1
[2] In its 3 October 2013 statement, the Panel explained the purpose of the preliminary
consultations:
“Having considered these submissions [for the research program], we have decided to
add an early consultation process to the draft timetable should parties indicate they
have material they wish to present to the Expert Panel earlier than the initial
submissions process (scheduled for 28 March 2014). The primary purpose of the early
consultation process is to deal with any witness evidence.”2
[3] The Panel has decided that the preliminary consultations will go ahead in accordance
with the timetable. The consultations will commence at 10.00am on 4 March 2014 in
Melbourne. Video links may be facilitated on request (please send any requests to
chambers.ross.j@fwc.gov.au by 4pm on 25 February 2014).
[4] In addition to presenting any witness evidence, parties are invited to make submissions
on the research conducted by the Workplace Research Centre, University of Sydney Business
School and published for the Annual Wage Review 2013-14: Award reliance3 and Minimum
wages and their role in the process and incentive to bargain4.
AUSTR FairWork Commission
mailto:chambers.ross.j@fwc.gov.au
2
[5] Submissions may also deal with the issues raised by the Australian Catholic Council
for Employment Relations in its submission dated 20 September 2013 regarding the
construction of s.284(1)(c) of the Fair Work Act 2009:
“...preliminary and threshold matters can be dealt with in preliminary consultations.
They could, and we submit should, include two matters that ACCER seeks to raise
about the operation of section 284(1) of the Act: the operation of "relative living
standards the needs of the low paid" in paragraph (c) of the subsection in combination
with the other parts of the subsection; and the meaning of "relative living standards" in
paragraph (c). In regard to the former, ACCER submits that the Commission in its
2012-13 Review decision made an error of law in adopting a construction of section
284(1) that failed to give proper effect to its intended operation and to the operation of
paragraph (c) in particular. A summary of that submission and the background to the
issue is in the Attachment hereto. In regard to the latter, ACCER submits that the view
in the 2012-13 Review decision regarding the scope of the "relative living standards",
which had the effect of excluding any consideration of the living standards of those on
pensions, was too narrow and not consistent with the intent of the legislation.”5
[6] The Panel may publish further questions for parties to address at the consultations by
7 February 2014, on the Fair Work Commission website.
[7] Expressions of interest for the preliminary consultations should be lodged by 4.00pm
on 6 February 2014. In addition, parties should provide an outline of submissions, including
details of any witnesses they propose to call, by 4.00pm on 25 February 2014. Outlines of
submissions will be published on the Fair Work Commission website. All documents should
be lodged electronically at awr@fwc.gov.au.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR547227
1 [2013] FWCFB 7722. A correction to the statement was published on 7 November 2013.
2 [2013] FWCFB 7722 at para 4.
3 Research Report 6/2013, available at http://www.fwc.gov.au/index.cfm?pagename=wagereview2014&page=research
4 Research Report 7/2013, available at http://www.fwc.gov.au/index.cfm?pagename=wagereview2014&page=research
5 ACCER submission re Draft Timetable, 20 September 2013, para. 10, available at
http://www.fwc.gov.au/sites/wagereview2014/timetable/ACCER_sub_drafttimetable.pdf
http://www.fwc.gov.au/sites/wagereview2014/timetable/ACCER_sub_drafttimetable.pdf
http://www.fwc.gov.au/index.cfm?pagename=wagereview2014&page=research
http://www.fwc.gov.au/index.cfm?pagename=wagereview2014&page=research
