Safety Net Review 2002

Table of contents

On this page

adjournment

To end proceedings or to suspend them to another time or place.

appeal

To request that a decision of a single member of the Commission be reviewed by a Full Bench to determine if the decision made is consistent with the Fair Work Act 2009. An appeal can only be made on the grounds that an error of law or fact has been made. A person must seek the permission of the Commission to lodge an appeal by lodging a Form F7—Notice of Appeal.

bullying at work

Bullying at work, as defined by the Fair Work Act 2009, occurs when:

  • a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while at work, and
  • the behaviour creates a risk to health and safety.

Bullying does not include reasonable management action carried out in a reasonable manner.

bullying policy

A formal procedure outlining the processes used, including disciplinary measures, to resolve bullying in the workplace. A policy would normally include definitions of bullying, a worker's responsibility in relation to bullying and the step by step process that should be adopted when bullying is reported.

code of conduct

A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.

Commission

Abbreviation for Fair Work Commission.

Commonwealth

Refers to the Commonwealth government or an Australian territory.

conference

A private proceeding conducted by a Fair Work Commission Member.

constitutionally covered business

A constitutionally covered business is:

  • a proprietary limited company
  • a foreign corporation
  • a trading or financial corporation formed within the limits of the Commonwealth
  • the Commonwealth
  • the Commonwealth authority
  • a body corporate incorporated in a territory
  • a business or organisation conducted principally in a territory or Commonwealth place.

It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.

decision

A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.

directions

Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.

evidence

Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.

Fair Work Act 2009

The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.

Fair Work Commission

Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.

Full Bench

A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.

harassment

Unwanted and offensive conduct or behaviour by a person or persons directed towards another person based on an attribute such as a person’s age, gender, race, religion or a disability. Harassment can be physical or psychological.

hearing

A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.

jurisdiction

The scope of the Commission’s power and what the Commission can and cannot do. The power of the Commission to deal with matters is contained in legislation. The Commission can only deal with matters for which it has been given power by the Commonwealth Parliament.

jurisdictional objection

An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.

matter

A case or legal proceeding before the Commission.

mediation

An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.

Member

A person appointed by the Governor-General to decide matters at the Commission. A Member may be the President, a Vice President, a Deputy President or a Commissioner.

non-constitutional corporation

An entity that is not a constitutional corporation. The following are not constitutional corporations:

  • sole traders
  • partnerships
  • some state government bodies
  • corporations whose activities do not include significant trading or financial functions (e.g. some charities).

order

An order is a ruling made by a Fair Work Commission Member after he or she hears your case. Once an order has been made, anyone bound by that order must follow it.

outcome

The end result of an application made to the Commission.

outline of submissions

A written document that clearly sets out the key elements of a case. All facts, information and evidence that you wish to bring to the attention of the Commission should be included in your outline of submissions.

partnership

An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.

party

A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent. 

principal

A person or business that has entered into a contract for services with an independent contractor.

private enterprise

A business owned and operated by private individuals for profit, instead of by a government or its agencies.

procedural fairness

When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.

pty ltd

A proprietary limited company. A constitutionally covered business.

reasonable management action

In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace bullying.

Reasonable management action may include:

  • performance management processes
  • disciplinary action for misconduct
  • informing a worker about unsatisfactory work performance or inappropriate work behaviour
  • asking a worker to perform reasonable duties in keeping with their job, and
  • maintaining reasonable workplace goals and standards.

In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.

service/to serve

A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.

sole trader

An organisation in which one person is responsible for the business.

WHS

Abbreviation for work health and safety.

WHS state or territory regulator

A body established by a state or territory government which regulates WHS laws in a particular state or territory. To find contact details for the regulator in your state or territory, go to the Enquiries page.

witness statement

A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.

worker

In relation to an anti-bullying application, the definition of a worker is drawn from the Work Health and Safety Act 2011. A worker can include:

  • an employee
  • a contractor or subcontractor
  • a person employed by a labour hire company who is working at a particular business or organisation
  • an outworker
  • an apprentice or a trainee
  • a work experience student
  • a volunteer.

Only people who are considered to be workers may apply for an order to stop bullying at work.

workplace

A place where a person performs work.

workplace bullying

See bullying at work.

Introduction

This site provides links to submissions, transcript and other material for the Safety Net Review 2002.

Submissions, exhibits and correspondence are listed by the organisation.

Decisions

Applications

1. Australian Liquor, Hospitality and Miscellaneous Workers' Union

  • ALHMWU-HI – The Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998 C2001/5719
  • ALHMWU-BS – Building Services (Victoria) Award 1994 C2001/5720
  • ALHMWU-LI – Laundry Industry Award 1998 C2001/5721
  • ALHMWU-CC – Child Care Industry (Australian Capital Territory) Award 1998 C2001/5722

2. The Australian Workers' Union

  • AWU-HT – Horse Training Industry Award 1998 C2001/5833

3. The Australian Municipal, Administrative, Clerical and Services Union

  • AMACSU-CA – Clerical and Administrative Employees (Victoria) Award 1999 C2001/5843
  • AMACSU-LA – Victorian Local Authorities Award 2001 C2001/5844

4. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

  • AFMEPKIU-GA – Graphic Arts - General Award 2000 C2001/5934
  • AFMEPKIU-ME – Metal, Engineering, Printing and Kindred Industries Award, 1998 - Part 1. C2001/5935

5. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Vehicle Division

  • AFMEPKIU-VI2000 – The Vehicle Industry Award 2000 C2001/5929
  • AFMEPKIU-VI1983 – The Vehicle Industry Repair, Services and Retail Award 1983 C2001/5810

6. Construction, Forestry, Mining and Energy Union

  • CFMEU-ME – Metal, Engineering and Associated Industries Award, 1998 - Part III C2001/6130

7. Construction, Forestry, Mining and Energy Union - Forest and Forest Products Division

  • CFMEU-T – Timber and Allied Industries Award 1999 C2001/4617

8. National Union of Workers

  • NUW-SS – Storage Services - General - Award 1999 C2001/5845
  • NUW-GP – Grocery Products Manufacture - Manufacturing Grocers - Award 1996 C2001/5846
  • NUW-CS – Commercial Sales (Victoria) Award 1999 C2001/5847
  • NUW-RP – Rubber Plastic and Cable Making Industry - General - Award 1998 C2001/5849

9. Shop Distributive and Allied Employees' Association

  • SDA-RW – Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 C2001/5830

10. Textile, Clothing and Footwear Union of Australia

  • TCFU-CT – The Clothing Trades Award 1999 C2001/5933

11. Transport Workers' Union

  • TWU-TW – Transport Workers Award 1998 C2001/5803

Notice of listings

Transcript

C2001/4617 and others s.113 applications by the CFMEU to vary various awards re wages and allowances; s.501 applications for minimum wage orders in various industry sectors – Giudice J, Ross VP, McIntyre VP, Watson SDP, Harrison SDP, Lewin C, Hoffman C

ACCI

Correspondence

ACCI & ACTU – 19 March 2002 (PDF)

Submission

Table of Contents

  1. Introduction
  2. The state of the economy
  3. Review of economic statistics
  4. ACCI survey
  5. Exploding the myth of moderation: The cost of the ACTU claim
  6. Job security
  7. Taxation and wage fixation
  8. Bargaining and systematic considerations
  9. Needs and the low paid
  10. The relevance of the comparative materials
  11. Superannuation guarantee contributions
  12. The form of any increase
  13. The wage fixing principle
  14. Other considerations
  15. Conclusion: Options for the Commission
  16. Industry specific submissions
  17. ACCI tags

ACCI full submission (incorporating NFF submission) 

Table of figures

Table of ACCI Tags

Submission reply

ACTU

Correspondence

Written submission

Submission documents – 20 February 2002

Table of Contents

  1. Introduction
  2. Wages Update
  3. The ACTU Claim is Moderate
  4. Economic Conditions and Prospects
  5. Economic Effects
  6. Needs of the Low Paid
  7. The Increase in Inequality
  8. The Wage Fixing Principles
  9. Conclusion

Witness statements

ACTU Witness Statements – February 2002 

Composite exhibit

Exhibit documents – February 2002

  1. Economic Conditions – Tables and Commentary
  2. Movements in Wages Excluding Award Employees
  3. Metal Industry Award Increase, 1997 – 2002
  4. ACTU Costing
  5. Average Increase Award Rates, 2000 – 2002
  6. Midyear Economic and Fiscal Outlook, 2001 – 2002
  7. "Australia and the International Cycle", Reserve Bank of Australia Bulletin, December 2001
  8. The National Minimum Wage "Making a Difference: The Next Steps", third report (volume two) of the Low Pay Commission (Extracts)
  9. The Impact of the Introduction of the UK Minimum Wage on the Employment Probablities of the Low Wage Workers, Mark B. Stewart, April 2001
  10. "Is the Minimum Wage an Effective Tool to Promote Decent Work and Reduce Poverty? The Experience of Selected Developing Countries", Catherine Saget, Employment Paper 2001/13
  11. Witness Evidence: Budget Details
  12. "Household income, Living Standards and Financial Stress", Bob McColl, Leon Pietsch and Jan Gatenby, Australia Economic Indicators, June 2001
  13. ABS Household Expenditure Survey, Households whose principal source of income is employee income, Level of Financial Stress, by income Quintile (Tables)
  14. "Household Income and its Distribution". Peter Sounders, Australia Economic Indicators, June 2001
  15. "Trends in Australia Wealth – New Estimates for the 1990s", Simon Kelly, NATSEM, September 2001?

Reply submission

ACTU Reply Submission – 20 March 2002 (PDF)

Reply composite exhibit

ACTU Reply Composite Exhibit – 20 March 2002 (PDF)

AIG

Submission

AIG submission – March 2002 (PDF) (Also incorporating the submissions of the Engineering Employers Association, South Australia)

List of Annexures

  • Annexure A – "Abbott's rethink on social wage", The Australian Financial Review, 13 February 2002
  • Annexure B – "A Plan to Cut Unemployment in Australia: An Elaboration on the 'Five Economists Letter to the Prime Minister", 28 October 1998
  • Annexure C – Material from the website of the Department of Family and Community Services, 28 February 2002
  • Annexure D – "Business Propects for Australian Manufaturing in 2002: Results of a Special Survey of Australian Manufacturing", Ai Group, February 2002
  • Annexure E – "How Fast Can the Australian Economy Grow? Mark II" report Commissioned by Ai Group from Dr Barry Hughes
  • Annexure F – "Australian Markets Outlook – Will Exports Contribute to Growth in 2002?" by National Australian Bank, 22 February 2002
  • Annexure G – "The Australian Economy in 2002" by Saul Eslake, Chief Economist, ANZ Bank, March 2002
  • Annexure H – "The Economic Outlook for 2002" by Reserve Bank Deputy Governor, Glenn Stevens, 18 February 2001
  • Annexure I – Construction Outlook Report, Ai Group, November 2001

Reply submission

Commonwealth

Correspondence

Submission

Reply submission

State/Territories

Correspondence

Submission

Other parties & interveners

Correspondence

Submissions

Exhibits

Australian Chamber of Commerce and Industry

Australian Council of Trade Unions

  • ACTU 1 – 20 December 2001 – A Watson – Proposed Living Wage Case Directions
  • ACTU 2 – 3 April 2002 – A Watson – Written Submissions
  • ACTU 3 – 3 April 2002 – A Watson – Composite Exhibit
  • ACTU 4 – 3 April 2002 – A Watson – Witness Statements
  • ACTU 5 – 3 April 2002 – A Watson – Reply Submissions
  • ACTU 6 – 3 April 2002 – A Watson – Reply Composite Exhibit
  • ACTU 7 – 3 April 2002 – A Watson – Collection of Forecasts
  • ACTU 8 – 3 April 2002 – A Watson – Document derived from ACTU 7
  • ACTU 9 – 3 April 2002 – A Watson – TRYM Outcomes 2003-4
  • ACTU 10 – 3 April 2002 – A Watson – Appendix C: List of Equations
  • ACTU 11 – 8 April 2002 – A Watson – Email dated 15 March 2002, from ABS to ACTU
  • ACTU 12 – 8 April 2002 – A Watson – Email dated 5 April 2002, from ABS to ACTU re 1996 AHOTE percentile data
  • ACTU 13 – 9 April 2002 – A Watson – Media Release – "Australia on path to recovery"
  • ACTU 14 – 9 April 2002 – A Watson – Media Releases – "Manufacturing Momentum" & "Manufacturing Performance"

Australian Hotels Association

Australian Industry Group

  • AIG 1 – 8 April 2002 – M Moir – AIG Submission – (also incorporating the submissions of the Engineering Employers Association, South Australia) – March 2002
  • List of Annexures
    • Annexure A – "Abbott's rethink on social wage", The Australian Financial Review, 13 February 2002
    • Annexure B – "A Plan to Cut Unemployment in Australia: An Elaboration on the 'Five Economists Letter to the Prime Minister", 28 October 1998
    • Annexure C – Material from the website of the Department of Family and Community Services, 28 February 2002
    • Annexure D – "Business Propects for Australian Manufaturing in 2002: Results of a Special Survey of Australian Manufacturing", Ai Group, February 2002
    • Annexure E – "How Fast Can the Australian Economy Grow? Mark II" report Commissioned by Ai Group from Dr Barry Hughes
    • Annexure F – "Australian Markets Outlook – Will Exports Contribute to Growth in 2002?" by National Australian Bank, 22 February 2002
    • Annexure G – "The Australian Economy in 2002" by Saul Eslake, Chief Economist, ANZ Bank, March 2002
    • Annexure H – "The Economic Outlook for 2002" by Reserve Bank Deputy Governor, Glenn Stevens, 18 February 2001
    • Annexure I – Construction Outlook Report, Ai Group, November 2001
  • AIG 2 – 8 April 2002 – M Moir
  • AIG 3 – 8 April 2002 – M Moir – Transcript of Interview from Lateline Programme re Japan's Banking Crisis
  • AIG 4 – 8 April 2002 – M Moir – Impact of Safety Net Adjustments – some examples
  • AIG 5 – 8 April 2002 – M Moir – Material about the Famile Assistance Office

Commonwealth

  • Cmwlth 1 – 3 April 2002 – J Murdoch – Bundle of Correspondence
  • Cmwlth 2 – 5 April 2002 – J Murdoch – Additional TRYM Modelling Request
  • Cmwlth 3 – 9 April 2002 – J Murdoch – Written Submissions of 1 March 2002
  • Cmwlth 4 – 9 April 2002 – J Murdoch – Appendices of 1 March 2002
  • Cmwlth 5 – 9 April 2002 – J Murdoch – Reply Submissions of 28 March 2002
  • Cmwlth 6 – 9 April 2002 – J Murdoch – Appendices of 28 March 2002
  • Cmwlth 7 – 9 April 2002 – J Murdoch – Commonwealth Reply – amended Tables
  • Cmwlth 8 – 9 April 2002 – J Murdoch – Email re wage case tables for 2000 and 2001

Joint Labor Governments

M 1 – 4 April 2002 – G Martin – Joint Submissions of the Labor Governments

National Farmers Federation

NFF 1 – 20 December 2001 – R Calver – Letter to the President date 27/11/01

Printing Industries Association of Australia

PIAA 1 – 28 February 2002

Restaurant & Catering Association

RCA 1 – 9 April 2002 – K Law – Written Submissions

Retail Motor Industry

 

 

 

 

 

 

 

 

 

 

 

Updated time

Last updated

08 February 2016

Page feedback

Did you find what you were looking for?

Please note: This feedback is only about content on this page and will be used to improve website usability. The comments are not monitored for personal information or workplace complaints. If you would like a response to your question, please contact us or lodge a complaint.