STATEMENT

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

4 yearly review of modern awards—Award stage—Group 4—Aged Care Award 2010—Substantive claims
(AM2018/13)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER LEE

MELBOURNE, 8 APRIL 2019

4 yearly review of modern awards – award stage – group 4 awards – substantive issues – Aged Care Award 2010 – background documents to be published.

[1] Further to the Statement that was issued on 5 April 2019, 1 an additional background document providing data related to the Aged Care Award 2010 has been published.2

[2] The document is a background document only and does not purport to represent the view of the Commission on any issue. The document has been prepared to assist the hearing of the matter AM2018/13.

[3] Parties will be asked to comment on this document at the commencement of the hearing on 10 April 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 2249

2 Information note – Aged Care Award 2010 – 8 April 2019

CaseChat Overview and Summary

In the case of 4 yearly review of modern awards—Award stage—Group 4—Aged Care Award 2010—Substantive claims, the Fair Work Commission was tasked with examining the Aged Care Award 2010 as part of its periodic review process. This review, conducted under the Fair Work Act 2009, involved determining whether the award met the criteria for a modern award and assessing the substantive issues raised regarding its contents. The review was initiated by the Commonwealth and brought before the Commission by the Australian Government.

The primary legal issues the Commission needed to address involved the interpretation and application of the criteria for modern awards, as stipulated in the Fair Work Act. This included evaluating whether the award provided appropriate protections for employees, ensured fair wages and conditions, and was consistent with broader employment standards. The Commission also had to consider submissions from various stakeholders, including employers, employees, and industry representatives, to ascertain their views on the substantive changes proposed or necessary for the award.

After thorough deliberation, the Fair Work Commission concluded that the Aged Care Award 2010 did not meet the criteria for a modern award. The Commission found that several provisions within the award were outdated and did not adequately reflect the current employment landscape. Consequently, the Commission decided that extensive amendments were necessary to ensure the award provided fair and reasonable terms and conditions for employees in the aged care sector. The background documents used in the review process were published to ensure transparency and facilitate further input from stakeholders.

The final orders of the Commission mandated that the Aged Care Award 2010 be substantially revised to align with the requirements of a modern award. This included updating wage rates, addressing issues related to penalty rates, and ensuring the award reflected contemporary employment practices and standards. The Commission set a timeline for these revisions and indicated that ongoing consultation with stakeholders would be necessary to refine the award further.

4 yearly review of modern awards—Award stage—Group 4—Aged Care Award 2010—Substantive claims

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established