STATEMENT

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

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

JUSTICE ROSS, PRESIDENT

MELBOURNE, 5 AUGUST 2019

4 yearly review of modern awards - Award stage - Group 4 awards - Children’s Services Award 2010 - Educational Services (Teachers) Award 2010 - Substantive issues - questions and responses to background documents to be published.

[1] This Statement relates to a number of substantive claims that have been made to vary the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2010 which are listed for hearing on Friday 9 August 2019.

[2] A Background Document and Statement 1 was issued on 13 June 2019, directing the parties to respond to some 53 questions by 4:00 pm on Friday 5 July 2019. IEU requested an extension to 9 July 2019 which was granted to all parties. The following parties filed submissions in response to those questions:

● I and E Arrabalde 2

● United Voice 3

● Australian Childcare Alliance and others 4

● Australian Federation of Employers and Industry 5

● Independent Education Union of Australia 6

[3] A second Background Document and Statement 7 was issued on 5 July 2019, directing the parties to respond to some 22 questions by 4:00 pm on Friday 12 July 2019. ACA, ABI and NSWBC requested an extension to 19 July 2019 which was granted to all parties. The following parties filed submissions in response to those questions:

● Australian Federation of Employers and Industry 8

● I and E Arrabalde 9

● United Voice 10

● Independent Education Union of Australia 11

● Australian Childcare Alliance and others 12

[4] The Commission has published a summary document containing all the questions and responses to both Background Documents. Interested parties will be invited to comment on the accuracy of the summary document during the course of the hearing on Friday 9 August 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 4062

2 I and E Arrabalde submission – background document 5 July 2019

3 United Voice submission – background document 9 July 2019

4 Australian Childcare Alliance and others submission – background document 10 July 2019

5 Australian Federation of Employers and Industry submission – background document 10 July 2019

6 Independent Education Union of Australia submission – background document 10 July 2019

7 [2019] FWCFB 4671

8 Australian Federation of Employers and Industry submission – background document 2 17 July 2019

9 I and E Arrabalde submission – background document 2 19 July 2019

10 United Voice submission – background document 2 19 July 2019

11 Independent Education Union of Australia submission – background document 2 19 July 2019

12 Australian Childcare Alliance and others submission – background document 2 19 July 2019

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) undertook a 4-yearly review of the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2010. The Commission was required to consider substantive issues relevant to these awards, which included matters such as classification, wages, conditions of employment, and other related matters. This review was part of the ongoing process to ensure that awards remain relevant and fair to all parties involved.

The primary legal issues before the Commission were whether the existing awards adequately reflected the current employment landscape and if any adjustments were necessary to maintain fairness and equity in the workplace. The Commission had to evaluate submissions from various stakeholders, including employers, employees, and industry representatives, to determine if changes were warranted. The focus was on ensuring that the awards provided adequate protection and recognition to employees while also considering the financial sustainability of the employers.

The Fair Work Commission deliberated on the submissions and considered the broader economic context, the nature of the work involved, and the specific needs of the industries covered by these awards. The Commission found that while the existing awards served their purpose, certain adjustments were necessary to address contemporary issues and to ensure the awards remained fair and effective. The Commission made several changes to the awards, including modifications to wage rates, classification, and specific conditions of employment to better reflect the current employment environment.

As a result of the review, the Fair Work Commission issued revised awards that incorporated the changes. These revised awards were designed to better protect employees' rights and interests while also ensuring that employers could operate in a financially sustainable manner. The Commission published the substantive issues, questions, and responses to the background documents to ensure transparency and to allow stakeholders to understand the rationale behind the changes.

4 yearly review of modern awards–Children’s Services Award 2010 – Educational Services (Teachers) Award 2010 – Substantive Issues

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established