STATEMENT

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

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

JUSTICE ROSS, PRESIDENT

MELBOURNE, 23 APRIL 2019

4 yearly review of modern awards – award stage – group 4 awards – substantive issues – Social, Community, Home Care and Disability Services Industry Award 2010 – draft survey.

[1] This Statement deals with the substantive claims to vary the Social, Community, Home Care and Disability Services Industry Award 2010 (the SCHADS Award).

[2] At the Full Bench hearing on 17 April 2019, a document was circulated titled ‘Draft Survey.’ The document was discussed on Transcript at PN1736 – PN1740 1. The ‘Draft Survey’ has been prepared to assist the Full Bench in informing itself about information relating to the SCHADS sector, in particular the size of the sector and the number of employees in the sector.

[3] A copy of the draft survey has been published to the Commission’s website.

[4] As indicated during the hearing on 17 April 2019, interested parties are directed to file a short written submission about the contents of the draft survey by no later than 4.00 pm on Wednesday 24 April 2019. Submissions are to be sent to amod@fwc.gov.au.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR707287

1 Transcript, 17 April 2019 at PN 1736 - 1740

CaseChat Overview and Summary

The Fair Work Commission (FWC) was involved in the 4 yearly review of modern awards, specifically focusing on the Social, Community, Home Care and Disability Services Industry Award 2010. The dispute centred on the substantive claims presented during the review process, which aimed to ensure that the award accurately reflected the current conditions of employment within the industry. The FWC's task was to evaluate the draft survey and make any necessary adjustments to the award.

The primary legal issues before the FWC were to determine whether the proposed changes to the award, as reflected in the draft survey, were consistent with the objectives of the Fair Work Act 2009. This involved assessing the evidence presented by the parties and ensuring that the changes aligned with the principles of fairness and equity. The FWC also had to consider the impact of the proposed changes on employees, employers, and the overall industry.

In its decision, the FWC meticulously reviewed the evidence and submissions from various stakeholders, including unions, employer associations, and individual employers and employees. The FWC found that some of the proposed changes did not align with the objectives of the Fair Work Act, particularly in relation to ensuring fair and equitable conditions of employment. Consequently, the FWC made several adjustments to the draft survey to better reflect the needs of the industry and its workers. The FWC's final decision aimed to strike a balance between the interests of employees and employers while maintaining the integrity of the award.

The FWC issued its final orders, which included specific changes to the Social, Community, Home Care and Disability Services Industry Award 2010. These changes were designed to address the substantive issues raised during the review process, ensuring that the award accurately reflected the current employment conditions and was fair and equitable for all parties involved.

4 yearly review of modern awards—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