An Appeal against the 12/12 Decision has been filed in the Industrial Court

Posted on June 10, 2020

We have received the brief on Appeal prospects for the 12/12 Decision. The advice from our Barrister and Senior Counsel is that there are, in their view, five separate grounds for appeal that have reasonable prospects of success.

our Conference delegates considered that advice yesterday and the matter was discussed amongst Centre delegates via Messenger last night. The unanimous view of delegates was to appeal and that application has been filed today.

In making that decision, your delegates considered that successfully appealing 12/12 is our best chance of getting significant wage increases for CO1-1s to 1-7s. While we can push for similar increases in the arbitration, the outcome there is uncertain given the current financial situation and the fact that the improved progression arrangements would be taken into account in any decision.

The appeal is likely to delay the arbitration; however, given the current uncertainty over the size of the recession that is going to result from the COVID-19 Pandemic, a delay may have some benefits.

As was reinforced in the original 12/12 decision there is no course of action that is guaranteed success. Nevertheless, in the view of the union office and the delegates an Appeal is the best chance of resetting basegrade CCO wages in one jump and getting us in line with other states. If we don't stay the fight the opportunity may not come again for some time.

1800 177 244
members@together.org.au