The Western Australian Industrial Relations Commission has agreed to hear a claim by the Trades and Labor Council for a 4 per cent general wage increase.
The Western Australian Industrial Relations Commission has agreed to hear a claim by the Trades and Labor Council for a 4 per cent general wage increase.
The WAIRC had to decide if it had the jurisdiction to hear the application for the award wage increase to awards in Western Australia or whether it should adjourn to await the first decision of the Australian Fair Pay Commission.
In reaching a decision the five WAIRC commissioners were unanimous in their view that the commission had the jurisdiction and the power to deal with the TLC's claim, and that the Federal Minister's application that the commission be adjourned should be refused.
They did agree that the Federal Minister should be given leave to intervene to submit that the commission should adjourn to await the first decision of the Australian Fair Pay Commission.
Importantly, they also found that the decision of the AIRC of 21 December 2005, in the Safety-net proceedings before it, was not a "National Wage Decision" for the purposes (of s.51) of the Act.
The WAIRC has listed the TLC claim for hearing to commence on May 22 2006 and issued directions regarding the procedure to be followed for the filing and exchange of witness statements, documents and submissions.
THE FULL MEDIA RELEASE APPEARS BELOW, AS DOES A STATE GOVERNMENT ANNOUNCEMENT ON THE MATTER:
STATE INDUSTRIAL COMMISSION TO PROCEED WITH GENERAL ORDER CLAIM
The Western Australian Industrial Relations Commission today decided that the claim by the Trades and Labor Council for a general wage increase would proceed. The Commission has set out directions for the continuation of the claim.
The Commission issued the following Statement;
STATEMENT
The WAIRC has today issued its decision concerning whether it has the jurisdiction to hear the Trades and Labor Council's application for a 4% award wage increase to awards in Western Australia and whether it should adjourn to await the first decision of the Australian Fair Pay Commission.
The 5 Commissioners of the WAIRC are unanimous in their view that:
1. The Commonwealth Minister should be given leave to intervene to submit that the Commission should adjourn to await the first decision of the Australian Fair Pay Commission.
2. The Commission does have the jurisdiction and the power to enquire into and deal with the TLC's claim under section 50 of the Act.
3. The decision of the AIRC of 21 December 2005 in the Safety-net proceedings before it is not a "National Wage Decision" for the purposes of s.51 of the Act.
4. In the absence of a National Wage Decision section 51 has no operation to prevent the Commission under s.50 enquiring into and dealing with the TLC's claim.
5. The Commonwealth Minister's application that the Commission should adjourn is refused.
The WAIRC has listed the TLC claim for hearing to commence on 22 May 2006 and issued directions regarding the procedure to be followed for the filing and exchange of witness statements, documents and submissions.
Full copies of the decision, the Statement and the Directions are available on the Commission's website at wwww.wairc.wa.gov.au.
BELOW IS THE STATE GOVERNMENT'S ANNOUNCEMENT:
WA workers better off despite Howard's Laws.
Employment Protection Minister John Bowler today welcomed the Western Australian Industrial Relations Commission (WAIRC) decision to proceed with a 'State Wage Case' to consider increases to wages paid to workers on WA State awards.
"The commission has decided that it has the jurisdiction to hear a 'General Order' claim for an increase to all State award rates of pay," Mr Bowler said.
"This is despite the Howard Government abolishing the National Wage Case under its unfair 'Work Choices' legislation."
Traditionally the National Wage Case increase of the Australian Industrial Relations Commission (AIRC) 'flows on' to State awards, but 'Work Choices' has prevented the AIRC from hearing a case. Therefore a special General Order application under the State IR Act had to be made to ensure that WA award workers have the chance for a fair hearing.
"Not content with the damage done through 'Work Choices', the Howard Government also tried to stop this State case from going ahead, and argued that all WA State award wages should be frozen," the Minister said.
The WA Government opposed the Howard Government's involvement in the case.
"The WA Government supports fair and sustainable annual increases to award wages," Mr Bowler said.
"This application is simply to replace the independent annual review of award wages that John Howard has abolished.
"On this occasion we believe that WA's low paid workers should receive a $20.00 per week increase."
The AIRC has been replaced with the so-called Australian Fair Pay Commission (AFPC) which will be comprised of a group of Howard's hand picked economists.
The AFPC has already announced that it will not even consider increases to wages of employees in the federal system until spring 2006.
"Labor has a proven track record of protecting low paid workers, and we intend to continue to oppose the Howard Government's attack on working men and women," Mr Bowler said.
