June 11, 2020
(7) Notwithstanding the minimum wage rates payable in accordance with clause 2.1 the parties agree that wage rates payable under this Agreement may be amended by a Wages Determination. A Wages Determination means:
(a) a decision of the Commission; or
(b) mutual agreement between the parties.
(8) The Wages Determination will be in accordance with the parameters contained in the following clauses for the purposes of the Industrial Relations Act 2016:
(a) The Commission shall hear and determine the quantum of wages provided under this Agreement. Without limiting the quantum that may be determined, the Commission may decide to increase wages above those provided for in accordance with this Agreement or decide that no further wage increases are warranted.
(b) The parties will apply for the Wages Determination to be heard by a Full Bench of the Commission.
(c) It is the parties’ intention for the Wages Determination, to the extent that it is to be heard by a Full Bench of the Commission, to be heard and determined as if the matter were an arbitration under section 180 of the Industrial Relations Act 2016, to the extent permitted by law.
(d) On making the Wages Determination, the effective date will be no earlier than 1 September 2018. The Wages Determination will apply equally to all cohorts of employees covered by this Agreement. Any increased wages payable under this Agreement as a consequence of the Wages Determination will only be applied to employees covered by this Agreement at the date the Wages Determination is decided by the Commission or agreed between the parties.
(9) The pay anniversary date will not be varied from 1 September each year as a result of the Wages Determination.
(10)Wages Determination will finally determine the matter and will become a term of this Agreement and will be enforceable as such.
(11) There will only be one Wages Determination applied for, heard, determined, decided or agreed to for the life of this Agreement.
(12) The date the Wages Determination is decided is the date of the decision of the Commission or the date of the agreement between the parties.
(13) The parties may seek to join the Wages Determination hearing with other certified agreement Wages Determinations relying on the same or similar mechanism.
(14) The parties agree to commence discussions with a view to trying to reach mutual agreement for a Wages Determination following the 2020 Fair Work Commission decision in the Federal Annual Wage Review (AWR). If mutual agreement cannot be reached within one month from the release of the 2020 AWR Decision, the parties will agree to refer the matter to the Commission to hear and decide the Wages Determination.
(15) The parties must identify and raise any and all jurisdictional issues within four weeks of the referral being made, should there be no issues to be raised the parties will confirm this in writing to the Commission.
(16) If there is a dispute about the application of the parameters for the Wages Determination under this clause, the parties agree that the Commission may hear and decide these matters concurrently with the Wages Determination.