State Wage Case 2020 [2021] NSWIRComm 1015

State Wage Case 2020 [2021] NSWIRComm 1015

The Full Bench determined it was empowered to and should make consent orders varying the relevant awards in accordance with the National decision and consent positions reached between the parties, and that a separate review of Wage Fixing Principles could be adjourned for later determination.

Jurisdiction
Australia
Judgment Date
02 March 2021
Procedural Posture
State Wage Case / Consent Orders for Award Variations
Outcome
Orders made by consent varying rates of pay and allowances in relevant awards; adoption of National decision; review of Wage Fixing Principles adjourned.
Legal Topics
['state Wage Fixation' 'adoption of National Decision' 'consent Variations to Awards' 'wage Fixing Principles']
['industrial Law' 'employment Law'] ['state Wage Fixation' 'adoption of National Decision' 'consent Variations to Awards' 'wage Fixing Principles']

Case Brief

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Procedural Posture

State Wage Case / Consent Orders for Award Variations

Legal Issues

  1. 1 ['Whether the Commission can vary awards and review Wage Fixing Principles separately' 'Whether separate decisions may be made adopting the National decision for different awards' 'Whether consent positions as to award variations comply with statutory requirements']

Ratio Decidendi

The Full Bench determined it was empowered to and should make consent orders varying the relevant awards in accordance with the National decision and consent positions reached between the parties, and that a separate review of Wage Fixing Principles could be adjourned for later determination.

Court Disposition

Orders made by consent varying rates of pay and allowances in relevant awards; adoption of National decision; review of Wage Fixing Principles adjourned.

Orders

  • ['The Annual Wage Review 2019–20 [2020] FWCFB 3500 is adopted as a National decision in relation to the awards contained in these orders.' 'Rates of pay and work-related allowances in specified awards (Annexure A) increased by 1.75% from the first full pay period commencing on or after 16 April 2021.' 'Rates of pay...