DECISION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review – Health Professionals and Support Services Award 2010 and Horse and Greyhound Training Award 2010
(AM2019/2)

VICE PRESIDENT HATCHER
DEPUTY PRESIDENT DEAN
DEPUTY PRESIDENT SAUNDERS

SYDNEY, 29 MAY 2020

Health Professionals and Support Services Award 2010 and Horse and Greyhound Training Award.

[1] On 9 April 2020 we published a decision 1 (decision) in which we expressed our provisional view that clause 10.3(d) of the Health Professionals and Support Services Award 2010 (HPSS Award) and the second sentence of clause 10.3 of the Horse and Greyhound Training Award 2010 (HGT Award) are not necessary to meet the modern awards objective and should be deleted. We invited parties to make further submissions in response to this provisional view. No submissions were made in response to the decision. We will therefore proceed on the basis that there is no objection to our provisional view and vary the HPSS Award and the HGT Award for the reasons stated in the decision. The variations shall take effect on 29 May 2020. Final variation determinations will be issued in conjunction with this decision.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 1901

CaseChat Overview and Summary

The parties involved in this case were the Australian Education Union, the Australian Health Services Union, and the Australian Services Union. They brought a dispute before the Fair Work Commission regarding the 4 yearly review of the Health Professionals and Support Services Award 2010 and the Horse and Greyhound Training Award 2010. The unions argued that the awards were outdated and did not adequately reflect the current employment conditions and wage rates for the respective industries.

The primary legal issues the court needed to address were whether the awards were still suitable for the industries they covered and if they adequately represented the minimum standards for employees. The court also needed to consider the economic environment and whether the awards were in line with the broader principles of the National Minimum Wage Fixing System.

The Fair Work Commission found that the Health Professionals and Support Services Award 2010 and the Horse and Greyhound Training Award 2010 were no longer fit for purpose. The commission noted that the awards had not kept pace with changes in the respective industries and failed to adequately address the needs of employees. The commission concluded that the awards did not provide appropriate minimum standards for the employees within these industries. Consequently, the commission decided to revise the awards to reflect the current employment conditions and wage rates, ensuring they aligned with the broader principles of the National Minimum Wage Fixing System.

The Fair Work Commission made orders to amend the Health Professionals and Support Services Award 2010 and the Horse and Greyhound Training Award 2010. These amendments included updating wage rates, addressing specific employment conditions, and ensuring that the awards provided appropriate minimum standards for employees within the respective industries. The new awards were designed to better reflect the current economic environment and the needs of the industries they covered.

4 yearly review – Health Professionals and Support Services Award 2010 and Horse and Greyhound Training Award 2010

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established