• The purpose of the application is to ask that wage rates set in an award be increased, because the current rates in the award do not adequately reflect the value of the work. [...] What are “work value reasons”? • Sections 157(2A) and (2B) of the FW Act set out what ‘work value reasons’ are: (2A) Work value reasons are reasons justifying the amount that employees should be paid for doing a particular kind of work, being reasons related to any of the following: (a) the nature of the work; (b) the level of skill or responsibility involved in doing the work; (c) the conditions. [...] The FWC must assess whether on the basis of the evidence, it should increase award wage rates, because the current rates either never truly reflected the value of the work, or over time, the work has changed so much, that the rates are no longer adequate. [...] What is the role of the Fair Work Commission in Work Value Cases? • The Fair Work Commission serves as an independent tribunal that sets the program for running cases, which includes filing evidence and submissions and holding hearings. [...] • In addition to the individual or union that is the applicant in a work value case, organisations that represent the interests of other parties who will be affected by the outcome of the case may also be allowed to appear in the case.
- Pages
- 3
- Published in
- Australia
Table of Contents
- 1. What is a Work Value application 1
- A Work Value application is made under section 157 of the Fair Work Act 2009 . The 1
- FW Act 1
- FWC 1
- The purpose of the application is to ask that wage rates set in an award be increased because 1
- A Work Value application is made in relation to a specific award or awards. It is different to 1
- Annual Wage Review proceedings which run every year to review minimum award rates across all awards. 1
- AWR 1
- Before the FWC can make a decision to vary award wages in a Work Value case it must be 1
- 2. What are work value reasons 1
- Sections 1572A and 2B of the FW Act set out what work value reasons are 1
- 2A are reasons justifying the amount that employees should be paid for doing a 1
- 2B The FWCs consideration of must 1
- The ANMF is currently running two Work Value cases at the Fair Work Commission. 1
- This FAQ sets out general information about what is involved in making and running a Work Value Case. 1
- Please see our FAQ Current ANMF Work Value Cases for specific details about the ANMFs applications. 1
- What this means is that the FWC must look carefully at work performed by employees who are 2
- 3. Why are Work Value Cases necessary 2
- There are circumstances where award wage rates may have fallen behind where they should be 2
- For example one of those circumstances is gender-based assumptions about the value and 2
- Other circumstances relate to how the nature of work the level of skill and responsibility and 2
- In addition skills that are not visible such as those used to assess care needs sequence work 2
- 4. What is the role of the Fair Work Commission in Work Value Cases 2
- The Fair Work Commission serves as an independent tribunal that sets the program for running 2
- 5. How does a union initiate Work Value Cases 2
- A union may initiate a Work Value Case by submitting an application to the FWC. The case must 2
- The FWC also has the power to initiate its own work value proceedings. 2
- 6. What outcomes can be expected from Work Value Cases 2
- If a Work Value Case is successful it means the award wage rates will change. Current wage 2
- As wage rates are used as the basis for other award entitlements such as penalty rates shift 3
- Once an award has been varied the new rates become the minimum award rates and are 3
- 7. How long do Work Value Cases typically take to resolve 3
- There are many things to consider so the duration can vary. Factors include the complexity of the 3
- 8. How are the outcomes of Work Value Cases implemented 3
- Once the FWC issues a final or interim decision on a Work Value Case the outcome is set out in 3
- 9. Can individuals or organisations participate in Work Value Cases 3
- Where a union commences an application it can do so on behalf of the union and or individuals 3
- In addition to the individual or union that is the applicant in a work value case organisations 3
- 10. Where can I find more information about ongoing Work Value Cases 3
- Information about the ANMFs ongoing Work Value Cases can be found at 3
- ANMF website 3
- FAQ Current ANMF Work Value Cases 3
- Work value case Aged care industry Fair Work Commission fwc.gov.au 3
- Work value case Nurses and midwives Fair Work Commission fwc.gov.au 3
