State Wage Case 2019 [2019] NSWIRComm 1065

Industrial Relations Commission New South Wales Medium Neutral Citation: State Wage Case 2019 [2019] NSWIRComm 1065 Hearing dates: 2 September 2019 Date of orders: 2 September 2019 Decision date: 02 September 2019 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 Annexure 1 to this decision. (2) The Principles in Order (1) supersede the Principles that are Annexure A to the State Wage Case 2018 [2018] NSWIRComm 1063. (3) Orders (1) and (2) shall operate on and from 28 September 2018 until further order of the Commission. (4) 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 these orders are increased by 3.0% 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. (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 C to these orders are increased by 2.5% provided that any increases resulting from this order may be offset against: (i) Any equivalent over award payments, and/or (ii) Award wage increases other than State Wage Case adjustments. (6) Order 4 shall take effect on and from the first full pay period commencing on or after 28 September 2019. (7) Order 5 shall take effect on and from the first full pay period commencing on or after 16 December 2019. Catchwords: STATE WAGE CASE – consent arrangements - general orders made – wage fixation principles reviewed – principles not varied Legislation Cited: Industrial Relations Act 2016 (NSW) Cases Cited: Annual Wage Review 2018-19 [2019] FWCFB 3501 State Wage Case 2015 [2015] NSWIRComm 31 State Wage Case 2016 [2016] NSWIRComm 12 State Wage Case 2017 [2017] NSWIRComm 1068 State Wage Case 2018 [2018] NSWIRComm 1063 Category: Principal judgment Parties: Unions NSW Industrial Relations Secretary Local Government NSW Representation: Ms A Peldova‑McClelland (Unions NSW) Ms E Butcher (Industrial Relations Secretary) Mr B Robson (Local Government NSW) File Number(s): 2019/00169217