State Wage Case 2010 (No 2) [2011] NSWIRComm 29

State Wage Case 2010 (No 2) [2011] NSWIRComm 29

The Commission promulgated new Wage Fixing Principles commencing 4 April 2011. It rejected the Unions NSW proposal to modify Principle 8 to include economic adjustment considerations because insufficient justification had been provided and objections to the proposal had some merit. It retained proposed Principle 8.3 on productivity and efficiency considerations in its current form, deciding that concerns raised by the DPE and LGSA should be addressed case by case. It considered the proposed retention of a Standard Hours Principle unnecessary.

Jurisdiction
Australia
Judgment Date
25 March 2011
Procedural Posture
State Wage Case Wage Fixing Principles / Promulgation of New Wage Fixing Principles to Apply on and From 4 April 2011
Outcome
New Wage Fixing Principles ordered to operate from 4 April 2011; previous Principles superseded; new Principles to be reviewed in the 2012 State Wage Case.
Legal Topics
['wage Fixing Principles' 'state Wage Case Adjustments' 'arbitrated Case Principle' 'productivity and Efficiency Considerations' 'economic Adjustment Considerations' 'good Faith Bargaining' 'standard Hours']
['industrial Relations'] ['wage Fixing Principles' 'state Wage Case Adjustments' 'arbitrated Case Principle' 'productivity and Efficiency Considerations' 'economic Adjustment Considerations' 'good Faith Bargaining' 'standard Hours']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

State Wage Case Wage Fixing Principles / Promulgation of New Wage Fixing Principles to Apply on and From 4 April 2011

Legal Issues

  1. 1 ['Whether Principle 8, Arbitrated Case, should be modified to permit a claim for an economic adjustment to be considered without needing to fall under the rubric of a Special Case.' 'Whether proposed Principle 8.3, Productivity and Efficiency Considerations, should be omitted, amended, or retained in its proposed form.' 'Whether the Standard Hours Principle should be retained in an amended form.' "What final form and commencement date should apply to the Commission's new Wage Fixing Principles."]

Ratio Decidendi

The Commission promulgated new Wage Fixing Principles commencing 4 April 2011. It rejected the Unions NSW proposal to modify Principle 8 to include economic adjustment considerations because insufficient justification had been provided and objections to the proposal had some merit. It retained proposed Principle 8.3 on productivity and efficiency considerations in its current form, deciding that concerns raised by the DPE and LGSA should be addressed case by case. It considered the proposed retention of a Standard Hours Principle unnecessary.

Court Disposition

New Wage Fixing Principles ordered to operate from 4 April 2011; previous Principles superseded; new Principles to be reviewed in the 2012 State Wage Case.

Orders

  • ["Pursuant to s 51(1) of the Industrial Relations Act, the Commission orders that the Commission's Wage Fixing Principles shall be as set out in Appendix A to this decision and shall operate on and from 4 April 2011." 'The Principles in Order (1) supersede the Principles that are Appendix A to the State Wage Case...