DECISION

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

4 yearly review of modern award—Aboriginal Community Controlled Health Services Award 2010
(AM2018/12)

Indigenous organisations and services
DEPUTY PRESIDENT GOSTENCNIK DEPUTY PRESIDENT MASSON COMMISSIONER BISSETT	MELBOURNE, 21 DECEMBER 2020

4 yearly review of modern awards – Aboriginal Community Controlled Health Services Award 2010 – finalisation of substantive claims.

[1] On 8 December 2020, we published a decision 1 which sought to resolve various substantive claims made by the National Aboriginal and Torres Strait Islander Health Worker Association and the Health Services Union for variations to the Aboriginal Community Controlled Health Services Award 2010 (Award). A draft determination reflecting our decision was also published.

[2] Interested parties were invited to comment on the proposed wording of clauses 4.1(b), 4.3 & 4.4 in writing by 15 December 2020.

[3] No comment was received from any party.

[4] In the circumstances, we propose to vary the Award as set out in the draft determination. A final variation determination in the same terms as the draft determination will be issued with this decision in PR725164.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 6535

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with the task of reviewing the Aboriginal Community Controlled Health Services Award 2010, which is due for its regular four-year review. The review process involved assessing submissions from various stakeholders, including employers and employees within the health services sector, to determine whether any changes to the award were necessary to reflect the current industrial landscape.

The primary legal issues the FWC had to address were whether the current award provisions still adequately reflected the working conditions, wages, and entitlements of employees within the sector, and if any changes were required to ensure fair and equitable treatment of all parties involved. This involved examining the submissions and evidence presented by both employers and employees to determine if the existing award provisions were still relevant and effective.

In its decision, the FWC considered the submissions and evidence provided by the parties and concluded that the current award provisions were largely effective in addressing the needs of employees within the Aboriginal Community Controlled Health Services sector. However, the FWC did make minor amendments to certain award provisions to address specific issues raised by the stakeholders. The FWC was satisfied that these changes would ensure the award continued to provide fair and equitable outcomes for both employers and employees.

The FWC finalised the substantive claims and issued its decision, which included the minor amendments to the award provisions. The FWC emphasised the importance of the ongoing review process in ensuring that modern awards remain relevant and effective in addressing the needs of the workforce.

4 yearly review of modern award—Aboriginal Community Controlled Health Services 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