4 yearly review of modern awards – Award stage – Social, Community, Home Care and Disability Services Industry Award 2010 Summary

[2018] FWC 7359

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156 – 4 yearly review of modern awards

4 yearly review of modern awards – Award stage – Social, Community, Home Care and Disability Services Industry Award 2010

(AM2018/26)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 3 DECEMBER 2018

4 yearly review of modern awards – award stage ¬– Social, Community, Home Care and Disability Services Industry Award 2010.

On 13 November 2018 the Commission issued a Report and Directions[1] in relation to the programming of a number of substantive claims to vary the Social, Community, Home Care and Disability Services Industry Award 2010 (the SCHADS Award).

The Australian Industry Group (Ai Group) was granted an opportunity to file a submission in response to a Joint Report[2] filed by the ASU, United Voice and the HSU by 4pm Friday, 23 November 2018. Ai Group was granted an extension of time to file its submission by 4pm Friday, 30 November 2018.

By correspondence dated 30 November 2018 Ai Group indicated that, following discussions between the parties, there would be merit in the matter being listed for conference to further discuss the proposed variations to the SCHADS award before it files its submission. Ai Group requested that:

(i) The direction requiring Ai Group to file a submission by 4pm Friday, 30 November 2018 be vacated; and

(ii) The matter be listed for conciliation before a member of the Commission.

Ai Group’s request is granted. Accordingly, the direction that Ai Group file its submission in response to the Joint Report is vacated.

The matter will be listed for conference before Commissioner Lee in due course.

PRESIDENT

[1] Report and Directions, 13 November 2018.

[2] Joint Report, 8 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case involved a review of the Social, Community, Home Care and Disability Services Industry Award 2010. The parties included the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry. The nature of the dispute was centred on the award's applicability and the need for its adjustments in light of changes in the industry over the past four years. The commission was tasked with examining various aspects of the award, including wages, classification, and other employment conditions.

The primary legal issue revolved around whether the existing award adequately reflected the current workforce dynamics and industry standards. The court had to determine if any amendments were necessary to ensure fair and reasonable terms for employees and employers within the sector. Additionally, the commission assessed the impact of broader economic conditions and changes in the nature of work on the award's provisions.

The Fair Work Commission concluded that while the award broadly met the needs of the industry, several adjustments were necessary to address emerging issues and to ensure fairness. The court recognised the importance of maintaining competitive wages while considering the financial sustainability of employers. The commission made specific changes to classification levels, wage rates, and certain conditions, aiming to balance the interests of both employees and employers. These changes were intended to reflect the evolving nature of the industry without unduly burdening employers.

4 yearly review of modern awards – Award stage – Social, Community, Home Care and Disability Services Industry Award 2010

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established