State Wage Case 2018 [2018] NSWIRComm 1063

Industrial Relations Commission New South Wales Medium Neutral Citation: State Wage Case 2018 [2018] NSWIRComm 1063 Hearing dates: 13 September 2018 Date of orders: 13 September 2018 Decision date: 23 October 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Commissioner Constant and Commissioner Sloan Decision: The Full Bench makes the following orders: (1) 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. (2) The Principles in Order (1) supersede the Principles that are Annexure A to the State Wage Case 2017 [2017] NSWIRComm 1068. (3) The Principles established by Order (1) shall be reviewed in the 2019 State Wage Case. (4) Orders (1), (2) and (3) shall operate on and from 28 September 2018 until further order of the Commission. (5) 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 are increased by 3.5% provided that any increases resulting from this order may be offset against: i. Any equivalent over awards payments, and/or ii. Award wage increases other than State Wage Case adjustments. (6) 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% provided that any increases resulting from this order may be offset against: i. Any equivalent over awards payments, and/or ii. Award wage increases other than State Wage Case adjustments. (7) Order 5 shall take effect on and from the first full pay period commencing on or after 28 September 2018. (8) Order 6 shall take effect on and from the first full pay period commencing on or after 16 December 2018. Catchwords: STATE WAGE CASE – consent arrangements - general orders made – wage fixation principles reviewed – principles varied Legislation Cited: Industrial Relations Act 2016 (NSW) Cases Cited: Annual Wage Review 2017-18 [2018] FWCFB 3500 State Wage Case 2015 [2015] NSWIRComm 31 State Wage Case 2016 [2016] NSWIRComm 12 State Wage Case 2017 [2017] NSWIRComm 1068 Category: Principal judgment Parties: Unions NSW Secretary of Industrial Relations Local Government NSW Aged and Community Services Australia Representation: Ms A Peldova‑McClelland (Unions NSW) A Counter (Secretary of Industrial Relations) V Sultana and B Robson (Local Government NSW) A Wade and C McElroy (Aged and Community Services Australia) File Number(s): 2018/179679