State Wage Case 2015 [2015] NSWIRComm 31

Industrial Relations Commission New South Wales Medium Neutral Citation: State Wage Case 2015 [2015] NSWIRComm 31 Hearing dates: 9 and 28 September 2015 Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Harrison DP; Tabbaa C Decision: The Full Bench makes the following 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 contained in Annexure A to the State Wage Case 2010 (No 2) [2011] NSWIRComm 29; (2011) 206 IR 218. The Principles established by Order (1) shall be reviewed in the 2016 State Wage Case. Pursuant to s 52 of the Industrial Relations Act, the Commission orders that the rates of pay and work related allowances prescribed in the awards listed in Annexure B to this decision are increased by 2.5 per cent provided that any increases resulting from this order may be offset against: Any equivalent over awards payments, and/or Award wage increases other than State Wage Case adjustments. Pursuant to s 52 of the Industrial Relations Act the Commission orders that the rates of pay and work related allowances prescribed in the awards listed in Annexure C to this decision are increased by 2.5 per cent provided that any increases resulting from this order may be offset against: Any equivalent over awards payments, and/or Award wage increases other than State Wage Case adjustments. Orders (1), (2) and (3) shall operate on and from 28 September 2015 until further order of the Commission. Order (4) shall take effect on and from the first full pay period commencing on or after 28 September 2015. Order (5) shall take effect on and from the first full pay period commencing on or after 16 December 2015. Catchwords: State Wage Case – Summons to show cause – annual wages review decision of Fair Work Commission – national decision – agreement – general order – adjustment to Wage Fixing Principles – settlement of minutes subject to further listing Legislation Cited: Industrial Relations Act 1996 Cases Cited: Annual Wages Review 2014-15 [2015] FWCFB 3500 State Wage Case 2012 (No 2) [2011] NSWIRComm 29; (2011) 206 IR 218 Category: Principal judgment Parties: Aged & Community Services Association of NSW & ACT Incorporated Australian Federation of Employers and Industries Australian Workers Union, NSW Branch Industrial Relations Secretary Local Government New South Wales Maritime Union of Australia Minister for Industrial Relations Unions NSW Representation: Solicitors: Australian Federation of Employers and Industries Crown Solicitor's Office (Industrial Relations Secretary; Minister for Industrial Relations) Local Government New South Wales (Local Government New South Wales; Aged & Community Services Association of NSW & ACT Incorporated) Maritime Union of Australia Unions NSW (Unions NSW; Australian Workers Union, NSW Branch) File Number(s): IRC 479 of 2015