New financial year. New wage increases. Find out how the Annual Wage
Review affects you.
On 1 July 2015 everyone being paid
the minimum wage or minimum award wage will receive a pay increase. This increase
is determined at the Fair Work Commission’s (“FWC”) Annual Wage Review (“AWR”).
Groups of employees traditionally paid minimum wage or minimum award wage
include retail and hospitality staff, cleaners, childcare workers, farm
labourers and factory workers. Over 1.8 million Australians are paid the
minimum wage and are affected by the Annual Wage Review. This includes many
lawgradinpink readers, who are studying at University find themselves working in
retail or hospitality while they study.
What is the Annual Wage Review?
The Annual Wage Review is a
determination made by the Fair Work Commission at the end of each financial
year on the national minimum wage (s285(1) Fair
Work Act 2009 (Cth)). The determination is made in the first week of June.
The draft national minimum wage order is then released and finalised by the end
of the financial year. The new minimum wage comes into effect on 1 July. The
determination is made by an Expert Panel. The two main roles of the Expert
Panel at the Annual Wage Review are to:
1. Review
and vary award minimum wages; and
2. Review
and vary national minimum wages (s285).
Who is on the Expert Panel?
The Expert Panel is made up of
seven Members of the Fair Work Commission. At least three Members must be
“experts” in workplace relations, economics, social policy, business, industry
or commerce (s620(1)). The Expert Panel follows any directions made by the FWC
President on how to conduct the AWR (s582). Decisions on the minimum wage are
made by majority (s620(4)). The 2014/2015 AWR Expert Panel consisted of:
1. Justice Ross (President);
2. Senior
Deputy President Watson;
3. Senior
Deputy President Harrison;
4. Commissioner
Hampton;
5. Mr
Anthony Cole (member
of the Board of the Commonwealth Superannuation Corporation, a member of the
Advisory Board for the NT Treasury Corporation and a Director of Australian
Ethical Investors);
6. Professor
Sue Richardson (Principal Research Fellow at the National Institute of Labour Studies);
and
7. Mr
Stephen Gibbs (director
for Hastings Funds Management Ltd and Ecosystems Investment Management Pty Ltd).
What will the increase be on 1 July 2015?
The new national minimum wage is
$656.90 per week, calculated on the basis of a 38 hour working week. The
minimum hourly rate is $17.29 per hour. This is an increase of 2.5% on the
previous minimum wage, and increases the weekly rate by $16, and the hourly
rate by 42 cents.
It should be noted that different
minimums apply to junior employees, employees who are in a training arrangement
such as trade apprentices, and employees with a disability. Junior employees
must be paid a percentage rate of the minimum wage. For example, as of 1 July
2015, a 16 year old must be paid at least 47.3% and a 20 year old must be paid at
least 97.7% of the minimum wage.
How did the FWC come to this decision?
The Expert Panel conduct
extensive research and engage in a comprehensive consultation process in the
months leading up to June. The objectives of the Fair Work Act, and in particular, the objectives of minimum wages
in s284 must be taken into account:
a. The
performance and competitiveness of the national economy, including
productivity, business competitiveness and viability, inflation and employment
growth; and
b. Promoting
social inclusion through increased workforce participation; and
c. Relative
living standards and the needs of the low paid; and
d. The
principle of equal remuneration for work of equal or
comparable value; and
e. Providing a
comprehensive range of fair minimum wages to junior
employees, employees to whom training arrangements apply and employees with a disability.
Broadly, the Panel assesses
changes in economic and social data from year to year and then determines how
this informs the statutory criteria.
In the most recent AWR, the Panel
considered the following economic factors:
1. Real
GDP growth remains below trend over the past two years;
2. Labour
productivity rose by over 1.6 per cent over the year;
3. No
evidence of particular corporate stress as bankruptcy rates fell, business
entry rates rose, and business exit rates were lowered;
4. Consumer
Price Index increased by only 1.3 per cent over the year;
5. Underlying
inflation is at 2.4%, within RBA medium-term target band;
6. There
has been a continuous fall in aggregate wages growth. Real net disposable
income has increased by less than GDP from the second half of 2011;
7. GDP
has continued to rise while real net disposable income has grown much more
slowly;
8. Employment
growth remains subdued, growing 1.6 per cent over the year;
9. Unemployment
rate has steadily increased to 6.1 per cent in April 2015;
10. There has been growth in unemployment, under-employment, long-term
unemployment and youth unemployment, all of which are signs of
under-utilisation of the workforce;
11. Stronger economic growth and CPI is predicted for the
coming two years; and
12. The outlook for the Australian economy remains generally
positive.
The Panel also considered social factors
including:
1. Income
inequality remains at relatively high levels compared with the past;
2. The
level of financial stress rose more for low-income paid households than for all
employee households in the GFC aftermath;
3. Limited
data in recent years shows a small increase in financial stress for low-income
households; and
4. Overall,
the relative living standards of minimum wage employees has improved slightly
the past year or two as inequality among all employees has stabilised and
indicators of unmet need among the low-paid have improved.
In weighing the economic and
social factors with the relevant considerations under the Fair Work Act, the Panel acknowledge that there is often tension
between economic, social and other considerations. The Panel had a particular
focus on the low growth in consumer price and aggregate wages over the past
year, as they have a direct relationship with relative living standards and the
needs of the low-paid. A moderate increase of 2.5% was therefore considered
appropriate.
How does the wage increase affect you?
If you are an employee currently
being paid minimum wage or minimum award wage, your employer should
automatically increase the amount you are paid to the new minimum. Make sure
you check your first new financial year pay slip to make sure you have been paid
at the new minimum rate. The minimum wage is a National Employment Standard
which cannot be altered by awards or enterprise agreements. An employer who
fails to pay the minimum wage is committing an offence under section 293 of the
Fair Work Act 2009 (Cth).
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