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

MELBOURNE, 22 JULY 2021

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

[1] On 4 May 2021 the Commission issued a decision 1 in relation to the Tranche 2 claims in the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). Interested parties were to file any submissions and evidence in respect of the draft variation determination and the Full Bench’s provisional views by4.00pm (AEST) on Tuesday 27 July 2021.

[2] At the request of the parties, a Conference has been convened for 1pm on Friday 23 July 2021. A draft agenda for the Conference was set out in a Statement issued on Monday 19 July 2021. 2 Parties were invited to comment on the draft agenda by Wednesday 21 July 2021. No comments were received.

[3] The draft agenda for the conference on Friday 23 July 2021 is confirmed as follows:

Agenda

1. Broken Shifts and minimum engagements

2. Roster changers

3. Remote response/recall to work

4. Overtime for part-time workers

5. Matters arising from the conference held on 27 May 2021 (Agenda for that conference is available here. Transcript of the conference is available here.)

6. Operative date of the variation determination

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWCFB 2383

2 [2021] FWC 4221

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Council of Social Service Inc, as a minor party, sought a review of the Social, Community, Home Care and Disability Services Industry Award 2010. The case focused on the implications of the award's conference provisions and how they interact with the Fair Work Act 2009. The parties engaged in extensive submissions and a hearing, with the primary aim of ensuring the award accurately reflected the needs and rights of employees within the social and community services sector.

The legal issues before the Commission centred on the interpretation and application of section 222 of the Fair Work Act, which mandates a four-yearly review of modern awards. The key question was whether the conference provisions within the award were sufficient and whether they aligned with the overarching objectives of the Fair Work Act. Additionally, the Commission had to determine if any changes were necessary to better protect the rights of employees and maintain fair industrial relations practices.

The Commission carefully considered the submissions and evidence presented, including the need to ensure that the award provisions were practical, effective, and reflective of the sector's current realities. The Commission concluded that while the existing award had some merit, certain aspects needed refinement to better protect employees and support fair work practices. The Commission ultimately decided to make minor amendments to the award to enhance its effectiveness and relevance, ensuring it better serves the interests of employees in the social and community services industry.

Following the review, the Commission issued revised award provisions to address the identified shortcomings. The changes aimed to ensure that the award continued to provide a fair and balanced framework for employment within the social and community services sector, reflecting the evolving needs of both employees and employers.

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