| [2017] FWC 6775 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Supported Employment Services Award 2010
(AM2014/286)
VICE PRESIDENT HATCHER | SYDNEY, 15 DECEMBER 2017 |
Supported Employment Services Award 2010
[1] On 1 December 2017 the Commission wrote to the parties with an interest in this matter in response to a request by National Disability Services (NDS) to have the report entitled Evaluation of the Modified Supported Wage System Trial Department of Social Services - Final Report - 12 October 2016 (the Report) released publicly. It was understood that the actual purpose of the request was to have the Report introduced into evidence before the Full Bench in support of NDS’s case. The Commission advised in its correspondence (Annexure A) that it had provisionally determined that the NDS could rely upon the Report as evidence before the Full Bench; however, this would be the subject of a confidentiality order made pursuant to s 594 of the Fair Work Act 2009 once the Report was formally tendered by NDS at the hearing, and the Report would not be posted on the Commission’s website. The parties were advised that they would be provided with the opportunity to propose any different approaches at the directions hearing before the Full Bench on 22 December 2017.
[2] In a letter to the Commission dated 8 December 2017 (Annexure B) the AED Legal Centre noted the provisional view expressed in the Commission’s correspondence of 1 December 2017 and requested that the Report be made available for inspection and that the Commission make an order that AED Legal be able to use the Report for the purposes of the proceedings.
[3] In relation to the availability for inspection of the Report, the Commission’s understanding is that the AED Legal Centre already had access to a copy of the Report as a result of its participation in the conciliation process conducted by Deputy President Booth. However if that understanding is incorrect, the AED Legal Centre may seek access to a copy of the Report by request to the chambers of Deputy President Booth.
[4] In relation to the use of the Report in the proceedings, the AED Legal Centre may rely upon the Report in the proceedings on the same basis and subject to the same limitations as previously advised to NDS.
[5] In addition, the AED Legal Centre has submitted four applications for orders for the production of documents (Annexures C – F) directed to the following persons and entities:
• Walter Grzentic
• Sharon Dulac
• ARTD
• Department of Social Services
[6] These applications for production will be considered by the Full Bench at the directions hearing on 22 December 2017. The AED Legal Centre will be provided with an opportunity to advance submissions as to why the orders should be granted, and any party opposing the granting of the orders may make submissions as to why the orders should not be granted.
VICE PRESIDENT
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Annexure A
Annexure B
Annexure C
Annexure D
Annexure E
Annexure F
- AGLC
- 4 yearly review of modern awards – Supported Employment Services Award 2010 [2017] FWC 6775
- Case
- [2017] FWC 6775
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC included determining whether the award's classifications accurately reflected the roles and responsibilities of employees in the supported employment services sector. Additionally, the FWC had to consider whether the existing penalty rates and other remuneration and conditions were appropriate and whether any changes were necessary to ensure fairness and equity for both employees and employers.
The FWC meticulously examined submissions from employers, employees, industry associations, and other stakeholders. The Commission emphasised the importance of maintaining a balance between providing adequate remuneration to employees and ensuring the sustainability of businesses within the sector. After evaluating the evidence and submissions, the FWC determined that the award's classification structure, penalty rates, and other remuneration and conditions were generally appropriate. However, minor amendments were made to certain classifications and conditions to improve clarity and to address specific issues raised during the review process. The FWC's final decision was to maintain the Supported Employment Services Award 2010 with the implemented amendments, ensuring it continued to meet the needs of both employees and employers in the supported employment services sector.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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