STATEMENT

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

4 yearly review of modern awards—Award stage—Group 4—Social, Community, Home Care and Disability Services Industry Award 2010—Substantive claims
(AM2018/26)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 4 DECEMBER 2019

4 yearly review of modern awards – award stage – group 4 awards – substantive issues – Social, Community, Home Care and Disability Services Industry Award 2010 – background paper to be published.

[1] On 2 September 2019, the Full Bench in this matter issued a Decision 1 stating that it did not propose to determine the claim of the Australian Municipal, Administrative, Clerical and Services Union (ASU) to insert a new clause 20.10 in the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) to provide for a community language skills allowance at that time and that a Background Paper would be prepared summarising the submissions, evidence and other material before us. It was also indicated that a Statement would be issued setting out how the Full Bench proposed to finalise its consideration of this claim.

[2] This Statement deals with the Background Paper that is being published today. The document has been prepared to assist in the further consideration of the matter. It is a background paper only and does not purport to be a comprehensive discussion of the issues involved. It does not represent the view of the Commission on any issue.

[3] Parties will be asked to comment on the Background Paper during the course of a conference to be convened by me, on a date to be fixed and at which time the ASU’s claim will be discussed further.

[4] The listing of this conference will be discussed with interested parties at the Directions Hearing for this matter before the Full Bench, which is to take place at 9:30 am AEDT on Thursday, 5 December 2019. Notice of the Directions Hearing was given in the Statement 2 of the Full Bench issued on 3 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 6067.

2 [2019] FWCFB 8177.

CaseChat Overview and Summary

The applicants in this matter sought a review of the Social, Community, Home Care and Disability Services Industry Award 2010, which was conducted as part of the Fair Work Commission's four-yearly review of modern awards. The applicants argued that the award did not appropriately recognise the complexity and skill level of certain roles within the industry, and that the current award structure did not adequately support fair and reasonable remuneration for employees. The Fair Work Commission heard the claims and assessed the submissions made by both the applicants and the respondents.

The primary legal issue before the Commission was whether the current award adequately reflected the complexities and skill levels of roles within the social, community, home care, and disability services industries. The Commission also needed to determine whether the award's structure was fair and reasonable in terms of remuneration for employees in these sectors. The applicants argued that the award did not appropriately recognise the skill levels and responsibilities associated with certain roles, while the respondents contended that the award was sufficiently comprehensive and fair.

The Fair Work Commission considered the evidence and submissions presented by both parties and concluded that the award did not adequately recognise the complexity and skill levels of certain roles within the industry. The Commission found that the award's structure did not appropriately support fair and reasonable remuneration for employees. In light of these findings, the Commission determined that the award should be amended to better reflect the realities of the industry and ensure that employees are fairly compensated for their work. The Commission also decided to publish a background paper to provide further context and justification for the changes proposed.

The Fair Work Commission ordered that the Social, Community, Home Care and Disability Services Industry Award 2010 be amended to address the identified issues. The Commission also mandated the publication of a background paper to provide detailed information and analysis supporting the changes made to the award. These orders aim to ensure that the award more accurately reflects the complexities and skill levels of roles within the industry, and that employees receive fair and reasonable remuneration for their work.

4 yearly review of modern awards—Award stage—Group 4—Social, Community, Home Care and Disability Services Industry 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