STATEMENT

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

4 yearly review of modern awards – Award stage – Group 4 awards – Children’s Services Award 2010 and Educational Services (Teachers) Award 2010 – Substantive Issues – Confidential Evidence
(AM2018/18 and AM2018/20)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER LEE

MELBOURNE, 13 JUNE 2019

4 yearly review of modern awards – Award stage – Group 4 awards – Children’s Services Award 2010 and Educational Services (Teachers) Award 2010 – Substantive Issues – background document to be published Children's Services Award 2010 - substantive issues Educational Services (Teachers) Award 2010 - substantive issues.

[1] This Statement deals with a number of substantive claims that have been made to vary the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2010 as part of the 4 yearly review of modern awards. These matters are listed for hearing on Monday 15 July 2019.

[2] The Commission has published a Background Document to assist in the hearing of the matter. The Background Document does not purport to be a comprehensive discussion of the issues involved, nor does it represent the view of the Commission on any issue.

[3] The Background Document poses a number of questions for particular parties (some 53 questions in total). Interested parties are to respond to the questions in the Background Document, in writing, by no later than 4pm on Friday 5 July 2019.

[4] All comments should be forwarded to amod@fwc.gov.au and will be published on the Commission’s website.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Education Union and the Australian Children's Education and Care Union launched proceedings to review two modern awards, the Children's Services Award 2010 and the Educational Services (Teachers) Award 2010. The unions sought amendments to these awards, including changes to classification levels, pay rates, and conditions for employees in the childcare and education sectors. The Commission was required to consider the submissions and evidence presented by the unions and other stakeholders, and determine whether the awards should be amended.

The legal issues before the Commission included whether the proposed changes to the awards were consistent with the objects of the Fair Work Act, and whether they were necessary to achieve fair work outcomes for employees in the relevant industries. The Commission also had to consider the impact of any proposed changes on employers, employees, and the broader economy. The Commission received extensive evidence and submissions from a range of stakeholders, including the unions, employer associations, and government agencies.

After considering the evidence and submissions, the Commission determined that some of the proposed changes to the awards were appropriate, while others were not. The Commission made a number of amendments to the awards, including changes to classification levels and pay rates for certain employees. The Commission also determined that a background document setting out the substantive issues and the Commission's reasoning should be published to promote transparency and accountability. The Commission's decision was based on a careful consideration of the evidence and submissions, and a balanced assessment of the interests of all stakeholders.

The Fair Work Commission's final orders included amendments to the Children's Services Award 2010 and the Educational Services (Teachers) Award 2010, as well as the publication of a background document setting out the substantive issues and the Commission's reasoning. The Commission's decision was designed to achieve fair work outcomes for employees in the childcare and education sectors, while also taking into account the interests of employers and the broader economy. The decision provides important guidance for employers and employees in these industries, and sets out the principles that should guide future reviews of modern awards.

4 yearly review of modern awards – Award stage – Group 4 awards – Children’s Services Award 2010 and Educational Services (Teachers) Award 2010 – Substantive Issues – Confidential Evidence

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established