4 yearly review of modern awards – Award stage – Children’s Services Award 2010 – Educational Services (Teachers) Award 2020 – Finalisation of substantive claims

In the case of the Fair Work Commission, the applicants, comprising various employer organisations and individual employers, challenged the proposed changes to the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2020, as part of the four-yearly review of modern awards. The applicants argued that the proposed changes to various award classifications, including casual and part-time rates, penalty rates, and loadings, were not in line with the relevant legislative criteria. The applicants also raised concerns about the potential impact of the proposed changes on the businesses and employees within the relevant industries.

The key legal issues before the Commission were whether the proposed changes to the awards were in compliance with the relevant legislative provisions, including sections 109, 111, 113, and 114 of the Fair Work Act 2009, and whether the proposed changes would have an appropriate impact on the businesses and employees within the relevant industries. The Commission had to carefully consider the evidence presented by the applicants and the respondents, including the submissions from various stakeholders, in order to determine whether the proposed changes to the awards were justifiable and appropriate.

Upon examining the evidence and submissions, the Commission found that the proposed changes to the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2020 were in line with the relevant legislative criteria. The Commission noted that the proposed changes were based on a thorough analysis of the relevant industry data, and took into account the need to ensure that the awards provided a safety net for employees while also supporting the viability of businesses within the relevant industries. The Commission also found that the proposed changes would have an appropriate impact on the businesses and employees within the relevant industries, and would not cause significant harm to any particular group.

As a result, the Commission finalised the substantive claims, approving the proposed changes to the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2020, with the amendments to take effect from the first day of the first pay period commencing on or after 1 March 2021. The Commission also noted that it would continue to monitor the impact of the changes on the relevant industries, and would be open to considering any further claims or submissions in the future.