STATEMENT

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

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

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMIISSIONER LEE

MELBOURNE, 16 JULY 2021

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

[1] On 4 May 2021, the Commission issued a decision in respect of the Social, Community, Home Care and Disability Services Industry Award 2010 (the Decision). 1 A Summary of the decision was also published.

[2] A copy of the draft determination giving effect to the decision and provisional views of the Full Bench was set out in the Summary.

[3] As part of the Decision, interested parties were to file any submissions and evidence in respect of the draft variation determination at Attachment P and our provisional views referred to above by 4.00pm (AEST) Tuesday, 22 June 2021.

[4] In a Statement 2 published on 7 June 2021 we varied the directions as follows:

1. Interested parties are to file any submissions and evidence in respect of the draft variation determination and our provisional views by4.00pm (AEST) onMonday19 July 2021.

2. A Hearing will be listed on 26 and 27 July 2021.

[5] On 15 July 2021 we received correspondence from the Health Services Union indicating that representatives of the union and employer parties are in active discussions regardig various matters in AM2018/16. As a result of those discussions, the parties have jointly requested an extension of the date for filing material to 27 July 2021. The parties have also requested that the matter be listed for Conference on either Thursday 22 July or Friday 23 July 2021 (the joint request)

6] We agree to the joint request and will vary the directions as follows:

1. Interested parties are to file any submissions and evidence in respect of the draft variation determination and our provisional views by 4.00pm (AEST) on Tuesday 27 July 2021.

2. The Hearing listed for 26 and 27 July 2021 will be vacated.

[7] A conference of interested parties will be convened by the President at 1.00pm on Friday 23 July 2021. A separate Notice of Listing and agenda will be published shortly.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWCFB 2383.

2 [2021] FWCFB 3232

CaseChat Overview and Summary

The Fair Work Commission conducted a 4 yearly review of the Social, Community, Home Care and Disability Services Award 2010. The review was prompted by the need to ensure that the award remains fair and relevant to the current state of the industry. The review involved considering submissions from various stakeholders, including employers, employees, and industry representatives. The Commission was tasked with determining whether any changes to the award were necessary to ensure that it continued to meet the needs of the industry and the workers within it.

The central legal issue before the Commission was whether the award needed to be updated to reflect changes in the industry since its inception. Specifically, the Commission had to consider whether the award's provisions on minimum wages, penalty rates, and other conditions of employment were still appropriate given the current economic and social climate. The Commission also had to consider whether any changes to the award would have a significant impact on the industry or the workers within it.

After considering the submissions from various stakeholders and conducting its own analysis, the Commission determined that the award needed to be updated to reflect changes in the industry. The Commission found that the award's provisions on minimum wages and penalty rates were no longer appropriate given the current economic and social climate. The Commission also found that the award's provisions on other conditions of employment, such as leave entitlements and maximum weekly hours, needed to be updated to reflect changes in the industry. The Commission made several changes to the award, including increasing minimum wages and penalty rates, updating leave entitlements, and clarifying the scope of certain provisions. The Commission determined that these changes would not have a significant impact on the industry or the workers within it.

The Commission's final orders included updating the award's provisions on minimum wages, penalty rates, leave entitlements, and other conditions of employment. The updated award came into effect on 1 March 2021. The Commission determined that these changes would ensure that the award continued to meet the needs of the industry and the workers within it. The Commission also determined that the changes would not have a significant impact on the industry or the workers within it.

4 yearly review of modern awards—Social, Community, Home Care and Disability Services 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