[2016] FWC 8551

The attached document replaces the document previously issued with the above code on 29 November 2016.

‘2016’ has been removed from paragraph 4 and replaced by ‘2017’.

Jo Richardson

Associate to Justice Ross

Dated 30 November 2016

[2016] FWC 8551

FAIR WORK COMMISSION

STATEMENT

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

4 yearly review of modern awards – Group 4 Awards – Aged Care Award 2010 and Social, Community, Home Care and Disability Services Industry Award 2010
(AM2014/251 & AM2014/285)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 29 NOVEMBER 2016

[1] On 29 September 2016, Directions were issued vacating the Directions of 26 August 2016 (the ‘August Directions’) in respect of the Social, Community, Home Care and Disability Services Industry Award 2010 (‘SCHCDS Award’) as substantive claims in that award were the subject of conciliation conferences before Deputy President Booth.

[2] In correspondence dated 29 September 2016, Leading Aged Care Services requested the August Directions be vacated in respect of the Aged Care Award as substantive claims in that award were similar to those being pursued by parties to the SCHCDS Award. Directions were issued on 13 October 2016 vacating the August Directions in respect of the Aged Care Award.

[3] On 21 November 2016 a Mention 1 was held in respect of the Aged Care Award and the SCHCDS Award. Interested parties reported on the status of conciliation conferences before Deputy President Booth. The Directions set out below were discussed and generally agreed at the Mention.

[4] On or before 4:00 pm Friday 3 February 2017, interested parties to the Aged Care Award and the SCHCDS Award are to file a joint report setting out:

(i) a summary of the substantive issues that are agreed between the parties;
(ii) a summary of any substantive issues that may remain in dispute; and
(iii) draft directions proposing a schedule to determine any outstanding issues.

[5] Mr Robson of United Voice is the contact person on behalf of employee organisations to the Aged Care Award and the SCHCDS Award.

[6] Ms Zadel of the Australian Federation of Employers and Industries is the contact person for employer organisations in respect of the SCHDCS Award and Mr Liggins of Aged & Community Services is the employer organisations’ contact in respect of the Aged Care Award.

[7] The matter will be listed for Mention in Melbourne at 1:00 pm Tuesday 7 February 2017. A Notice of Listing will follow shortly.

[8] All requests for video link should be sent to chambers.ross.j@fwc.gov.au.

[9] Liberty to apply.

PRESIDENT

1 Transcript 21 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with the 4 yearly review of the Aged Care Award 2010 and the Social, Community, Home Care and Disability Services Industry Award 2010. These awards, governed by the Fair Work Act 2009, were subject to a comprehensive review process, overseen by Justice Ross, who presided over the proceedings in Melbourne on 29 November 2016. The review aimed to ensure that the awards remained fair and relevant, reflecting the current state of employment practices in the aged care and community services sectors.

The central issue before the court was the implementation of the 4 yearly review process as mandated by the Fair Work Act. This included assessing whether the awards were still appropriate, considering any changes in the industry, and ensuring that they continued to provide adequate protections and standards for employees. The court was tasked with determining the procedural steps necessary to facilitate this review, including the submission of joint reports by interested parties outlining agreed and disputed issues, and proposing a schedule to address any remaining contentious matters.

Justice Ross, in his capacity as the presiding officer, directed that the review process would commence with the filing of a joint report by interested parties, including employee and employer organisations, by 3 February 2017. This report was to summarise agreed and disputed issues and propose a schedule for determining any outstanding matters. The matter was scheduled for a Mention on 7 February 2017, where further directions would be issued to guide the review process. The court also outlined contact details for any requests related to video link participation and emphasised the liberty to apply for further clarification or adjustments to the review schedule.

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

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established