State Wage Case 2018 [2018] NSWIRComm 1063

State Wage Case 2018 [2018] NSWIRComm 1063

Because the Annual Wage Review 2017-18 was treated as a National Decision under s 48 of the Act, the parties had reached consensus on the orders and minor changes to Wage Fixing Principles, and the draft orders complied with the Act including s 146C, the Commission made the agreed orders under ss 51(1) and 52 varying the Wage Fixing Principles and increasing award rates and work related allowances.

Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
State Wage Case / Full Bench Orders Following Summons to Show Cause and Consent Arrangements
Outcome
General orders made; Wage Fixing Principles superseded and varied; rates of pay and work related allowances in listed awards increased by 3.5% or 2.5%.
Legal Topics
['state Wage Case' 'wage Fixing Principles' 'award Variation' 'state Wage Case Adjustments' 'public Sector Wages Policy 2011']
['industrial Relations' 'employment Law'] ['state Wage Case' 'wage Fixing Principles' 'award Variation' 'state Wage Case Adjustments' 'public Sector Wages Policy 2011']

Case Brief

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Procedural Posture

State Wage Case / Full Bench Orders Following Summons to Show Cause and Consent Arrangements

Legal Issues

  1. 1 ['Whether the Annual Wage Review 2017-18 should be treated as a National Decision under s 48 of the Industrial Relations Act 2016 (NSW).' 'Whether general orders should be made under s 52 of the Act varying awards to increase rates of pay and work related allowances.' 'Whether the Wage Fixing Principles should be superseded, varied and reviewed.']

Ratio Decidendi

Because the Annual Wage Review 2017-18 was treated as a National Decision under s 48 of the Act, the parties had reached consensus on the orders and minor changes to Wage Fixing Principles, and the draft orders complied with the Act including s 146C, the Commission made the agreed orders under ss 51(1) and 52 varying the Wage Fixing Principles and increasing award rates and work related allowances.

Court Disposition

General orders made; Wage Fixing Principles superseded and varied; rates of pay and work related allowances in listed awards increased by 3.5% or 2.5%.

Orders

  • ['Pursuant to s 51(1) of the Industrial Relations Act 1996, the Commission orders that the Wage Fixing Principles shall be as set out in Annexure A to this decision.' 'The Principles in Order (1) supersede the Principles that are Annexure A to the State Wage Case 2017 [2017] NSWIRComm 1068.' 'The Principles...