State Wage Case 2002 [2002] NSWIRComm 118

State Wage Case 2002 [2002] NSWIRComm 118

The Safety Net Review-Wages May 2002 decision was a National decision under s 48 of the Industrial Relations Act 1996 and, because adoption of the $18.00 per week wage adjustment was not inconsistent with the objects of the Act and no good reason for departing from it was shown, the Commission adopted the quantum of the national wage adjustment with modifications to its own Wage Fixing Principles. The Commission refused to make a general order because of comity with the federal decision, administrative difficulties with diverse awards and allowances, the desirability of party control over award variations, absorption undertakings, and the 12 month rule. It declined to retain Principles...

Jurisdiction
Australia
Judgment Date
31 May 2002
Procedural Posture
State Wage Case; Summons to Show Cause on the Commission's Own Initiative Pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996 / Full Bench Decision
Outcome
The Commission adopted, partly and with modifications, the principles and provisions of the National decision of 9 May 2002; adopted revised Wage Fixing Principles; refused the Labor Council's application for general orders; and made orders permitting award variations upon application.
Legal Topics
['state Wage Case' 'wage Fixation' 'adoption of National Decisions' 'safety Net Wage Adjustment' 'award Variation' 'general Orders' 'lagging Awards' 'wage Fixing Principles']
['industrial Relations' 'employment Law'] ['state Wage Case' 'wage Fixation' 'adoption of National Decisions' 'safety Net Wage Adjustment' 'award Variation' 'general Orders' 'lagging Awards' 'wage Fixing Principles']

Case Brief

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Procedural Posture

State Wage Case; Summons to Show Cause on the Commission's Own Initiative Pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996 / Full Bench Decision

Legal Issues

  1. 1 ['Whether the Safety Net Review-Wages May 2002 decision was a National decision to be considered and adopted under s 50 of the Industrial Relations Act 1996.' "Whether the Commission should adopt the Australian Industrial Relations Commission's $18.00 per week increase in award rates." 'Whether allowances and junior monetary rates should be adjusted by 3.5 per cent.' 'Whether wage and allowance adjustments should be made by general order or only upon application.' 'Whether the lagging awards principles in Principles 8(g) and 8(h) should be retained.' "Whether the special case principle should be retained in the Commission's Wage Fixing Principles."]

Ratio Decidendi

The Safety Net Review-Wages May 2002 decision was a National decision under s 48 of the Industrial Relations Act 1996 and, because adoption of the $18.00 per week wage adjustment was not inconsistent with the objects of the Act and no good reason for departing from it was shown, the Commission adopted the quantum of the national wage adjustment with modifications to its own Wage Fixing Principles. The Commission refused to make a general order because of comity with the federal decision, administrative difficulties with diverse awards and allowances, the desirability of party control over award variations, absorption undertakings, and the 12 month rule. It declined to retain Principles...

Court Disposition

The Commission adopted, partly and with modifications, the principles and provisions of the National decision of 9 May 2002; adopted revised Wage Fixing Principles; refused the Labor Council's application for general orders; and made orders permitting award variations upon application.

Orders

  • ['Pursuant to s 50 of the Industrial Relations Act 1996, the Full Bench ordered, for the purpose of awards and other matters under the Act, the adoption, partly and with modifications as contained in the decision, of the principles and provisions of the National decision of 9 May 2002.' "Pursuant to order 1, the...