State Wage Case 2003 [2003] NSWIRComm 174

State Wage Case 2003 [2003] NSWIRComm 174

The Commission determined there was no inconsistency between the national decision and the Industrial Relations Act 1996, and economic conditions in NSW were comparable to national conditions, therefore the principles and wage increases from the AIRC Safety Net Review – Wages, May 2003 decision should be adopted for NSW awards, with minor modifications, and existing principles regarding lagging awards maintained.

Parties
Employee Representative: Labor Council of New South Wales; Employee Representative: Australian Workers' Union of New South Wales (Technical, Administrative and Professional Staff Branch); Employee Representative: The Australian Rail, Tram and Bus Industry Union, New South Wales; Employee Representative: Association of Foremen and Supervisors; Employee Representative: Gas Employees' Union; Employee Representative: Gas Industry Salaried Officers Federation, New South Wales Branch; Employee Representative: Gramophone Records Industry Union of New South Wales; Government: Minister for Industrial Relations; Government: Public Employment Office; Employer Representative: Employers First and its affiliated organisations including the Bus and Coach Industrial Association of New South Wales, Master Builders' Association of New South Wales, Aged Services Association of NSW (Industrial) and for the Australian Retailers Association of New South Wales; Employer Representative: Australian Business Industrial and Furnishing Industry Association of Australia (Management Services), Australian Nursing Homes and Extended Care Association - New South Wales, New South Wales Soft Drink Association Country Division, New South Wales Glass and Glazing Association, Concrete Paviours' Association and Engineering Construction Laboratories Association; Employer Representative: The Australian Industry Group New South Wales Branch, New South Wales Road Transport Association, Motor Traders' Association of New South Wales, Australian Catholic Commission for Employment Relations, Local Government Association of New South Wales and Shires Association of New South Wales, and the State Chamber of Commerce (Industrial Relations) Association; Employer Representative: Registered Clubs Association of New South Wales
Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
State Wage Case / Full Bench Judgment After Hearing on Summons to Show Cause
Outcome
Adoption of National decision with modifications for NSW awards; wage increases ordered; consequential adjustments to principles and awards ordered
Legal Topics
State Wage Determination, Adoption of National Wage Decisions, Award Variations, Wage Fixing Principles
Industrial Law Employment Law State Wage Determination Adoption of National Wage Decisions Award Variations Wage Fixing Principles

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Parties

Labor Council of New South Wales

Employee Representative

Australian Workers' Union of New South Wales (Technical, Administrative and Professional Staff Branch)

Employee Representative

The Australian Rail, Tram and Bus Industry Union, New South Wales

Employee Representative

Association of Foremen and Supervisors

Employee Representative

Gas Employees' Union

Employee Representative

Gas Industry Salaried Officers Federation, New South Wales Branch

Employee Representative

Gramophone Records Industry Union of New South Wales

Employee Representative

Minister for Industrial Relations

Government

Public Employment Office

Government

Employers First and its affiliated organisations including the Bus and Coach Industrial Association of New South Wales, Master Builders' Association of New South Wales, Aged Services Association of NSW (Industrial) and for the Australian Retailers Association of New South Wales

Employer Representative

Australian Business Industrial and Furnishing Industry Association of Australia (Management Services), Australian Nursing Homes and Extended Care Association - New South Wales, New South Wales Soft Drink Association Country Division, New South Wales Glass and Glazing Association, Concrete Paviours' Association and Engineering Construction Laboratories Association

Employer Representative

The Australian Industry Group New South Wales Branch, New South Wales Road Transport Association, Motor Traders' Association of New South Wales, Australian Catholic Commission for Employment Relations, Local Government Association of New South Wales and Shires Association of New South Wales, and the State Chamber of Commerce (Industrial Relations) Association

Employer Representative

Registered Clubs Association of New South Wales

Employer Representative

Procedural Posture

State Wage Case / Full Bench Judgment After Hearing on Summons to Show Cause

Legal Issues

  1. 1 Whether the Commission should adopt the principles and provisions of the National decision (AIRC Safety Net Review – Wages, May 2003) for the purposes of awards in New South Wales
  2. 2 Whether economic conditions in NSW support the flow-on of the national wage increase
  3. 3 Whether any modification of Wage Fixing Principles or approach to lagging awards is warranted

Ratio Decidendi

The Commission determined there was no inconsistency between the national decision and the Industrial Relations Act 1996, and economic conditions in NSW were comparable to national conditions, therefore the principles and wage increases from the AIRC Safety Net Review – Wages, May 2003 decision should be adopted for NSW awards, with minor modifications, and existing principles regarding lagging awards maintained.

Court Disposition

Adoption of National decision with modifications for NSW awards; wage increases ordered; consequential adjustments to principles and awards ordered

Orders

  • Adoption, partly and with modifications, of principles and provisions of the AIRC National decision of 6 May 2003 for NSW awards and matters under the Act
  • Wage Fixing Principles to be as set out in Annexure B