Industrial Relations Commission New South Wales Medium Neutral Citation: State Wage Case 2016 [2016] NSWIRComm 12 Hearing dates: 19 September 2016 Date of orders: 19 September 2016 Decision date: 04 November 2016 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Tabbaa C; Newall C Decision: We confirm our orders made in terms of Annexure 1 to this decision. We note that, for ease of reference, the revised Wage Fixing Principles are contained in Annexure A of Annexure 1 but were the subject of the general orders as confirmed by us. Catchwords: STATE WAGE CASE - directions by President - consent arrangements - general orders made - Wage Fixing Principles made - Principles reviewed 2017 Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Annual Wage Review 2015/2016 [2016] FWCFB 3500 State Wage Case 2015 [2015] NSWIRComm 31 Category: Principal judgment Parties: Aged & Community Services Association of NSW & ACT Incorporated Australian Federation of Employers and Industries Health Services Union NSW Industrial Relations Secretary Local Government NSW Minister for Industrial Relations New South Wales Independent Education Union New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union New South Wales Nurses and Midwives' Association NSW Business Chamber Limited NSW Farmers' (Industrial) Association NSW Nurses and Midwives' Association Nursery & Garden Industry NSW & ACT Limited Police Association of New South Wales Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern New South Wales Shop, Distributive & Allied Employees Association Unions NSW Representation: Solicitors: Industrial Relations Secretary Local Government NSW Minister for Industrial Relations Unions NSW (Unions NSW; Shop, Distributive & Allied Employees Association) File Number(s): 2016/218850 DECISION 1. On 20 July 2016, the Acting Industrial Registrar, Mr J A Wiseman, summonsed various industrial parties to appear before the Commission to show cause why, after considering the decision of the Minimum Wage Panel of Fair Work Australia in Annual Wage Review 2015/2016 [2016] FWCFB 3500 and orders made in consequence thereof on 31 May and 20 June 2016, the Commission should not take such action pursuant to Pt 3 of Ch 2 of the Industrial Relations Act 1996 (NSW) ('the Act') and Cl 4 of the Wage Fixing Principles as determined in the State Wage Case 2015 [2015] NSWIRComm 31; (2015) 255 IR 160 ('the State Wage Case 2015') as it may deem proper. 2. Initially the matter proceeded by way of a series of directions hearing before the President, Walton J, during which a significant degree of consensus emerged between the parties. By the time the matter came on before us on 19 September 2016 for hearing, the parties to the proceedings were fully agreed as to a form of general orders and adjustments to the Wage Fixing Principles last published in the State Wage Case 2015 (see Annexure A to that decision). The parties' agreement was reflected in exhibit 1 in the proceedings. 3. We formed the view on that occasion that it was appropriate to make the orders in exhibit 1 and to give short reasons in due course. These are the reasons for our decision. 4. Commensurate with the decision of the Full Bench in the State Wage Case 2015 (at [1]), we consider that the decision of the Minimum Wage Panel of Fair Work Australia in its Annual Wage Review 2015-2016 to be a "National decision" within the definition of that phrase provided under s 48 of the Act. 5. We have formed the view that the general orders proposed by the parties are appropriate. Those orders are Annexure 1 to this decision and represent differential adjustment in rates of pay as between the two groups of awards referred to in annexures to the general orders. 6. In the first case, the awards were not subject to the Public Sector Wages Policy 2011 and, accordingly, are adjusted by the 2.4 per cent increase reflected in the "National decision". The rates of pay in the remaining groups of awards were adjusted by 2.5 per cent increase commensurate with the Public Sector Wages Policy. 7. We turn then to the Wage Fixing Principles. The Principles made by us on 19 September 2016 form part of Annexure 1 to this decision (the Principles are made by the first order appearing in Annexure 1 and are, thereby, attached as Annexure A to those orders). 8. In the State Wage Case 2015, we indicated we would undertake a review of the Principles in 2016. The parties privately undertook such a process but, ultimately, concluded that only marginal adjustments to the Wage Fixing Principles were required. We have decided, in those circumstances, not to undertake a more extensive review but will do so in 2017. The Principles continue to be appropriate and relevant. 9. We confirm our orders made in terms of Annexure 1 to this decision. We note that, for ease of reference, the revised Wage Fixing Principles are contained in Annexure A of Annexure 1 but were the subject of the general orders as confirmed by us. ********** Annexure 1 (55.4 KB, docx) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 04 November 2016