The Australian Fair Pay Commission (AFPC) was established by the Howard government under the controversial WorkChoices legislation. It was heralded by its supporters as a major improvement on the previous system of safety-net wage cases under the Industrial Relations Commission and universally condemned by the union movement and Labor. Others questioned whether a minimum wage was needed at all or even whether it was a major impediment to labour-market adjustment. The AFPC's first and subsequent decisions were, therefore, looked on with interest by the media, academics, politicians and vested interests. This paper provides a critique of the AFPC's first decisions and suggests how the process of arriving at a minimum wage could be improved.
BackgroundAustralia had, until fairly recently, a system of wage determination, and of industrial relations more generally, that had only one or two counterparts in the rest of the industrialised world. Although this system underwent considerable change under the Hawke/Keating governments and this continued under the Coalition administration, a major distinguishing feature of the Australian system remained the role played by a range of arbitration and conciliation tribunals, the dominant institution being the Australian Industrial Relations Commission (AIRC), although it formerly had other titles. These tribunals set the minimum rates of pay and the conditions of work of employees set out in awards. However, by 2005 only about 20 per cent of Australian workers relied on awards for their pay determination. National awards took as their benchmark the so-called safety-net increases determined by the National Wage Case decisions of the AIRC. These decisions were made after an exhaustive process of written submissions by employer groups, unions, government bodies and other interest groups, with evidence and cross-examination taking place in an adversarial court-like setting lasting several months.With the passing of the WorkChoices legislation in 2006 the role of the AIRC in setting minimum wages, and the subsequent changes to national awards, passed to the newly created Australian Fair Pay Commission (AFPC). The five