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)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 20 DECEMBER 2016

Technical and drafting issues.

[1] This statement provides an update following the conference on 15 December 2016 regarding technical and drafting issues in the Supported Employment Services Award 2010 (the SES Award).

[2] During the conference the Commission facilitated discussions with parties with the view to resolving issues outlined in the summary of submissions which was published on the Commission’s website on 30 November 2016.

[3] As a result of the conference, the following changes have been made to the exposure draft:

Issue	Clause(s)	Summary of change
6	4.1	Clause divided into two clauses 1
12	11.3, 11.4	Order of clauses changed 2
14	15.2	Cross-reference amended 3
16	16.2	Obsolete assessment tools removed 4
17	16.4	Clause reworded 5
18	16.5	Clause reworded 6
19	16.9	Transitional provisions removed 7
22	24.2	Cross-reference amended 8
23	Wage and allowance tables	$ and % signs inserted 9

[4] A revised exposure draft incorporating these changes will be published with this statement. A revised summary of submissions will also be published reflecting the current position of the parties including agreed and outstanding issues.

[5] No changes have been made to the exposure draft in respect of issues 1–5, 10–11, 13, 20 and 24, reflecting the position taken by the parties at the conference. 10

Status of outstanding technical and drafting issues

[6] The National Disability Services’ claim regarding the coverage of the SES Award (issues 7 to 9) are considered substantive changes and will be the subject of further proceedings. 11

[7] The Australian Business Industrial and the New South Wales Business Chamber claim regarding payment of wages (issue 15) will be dealt with after the Full Bench determines matter AM2016/8. 12

[8] Issue 21 deals with a question put to the parties by the Commission in the exposure draft regarding superannuation payments for employees with a disability at clause 18.5. This issue may also form part of United Voice’s substantive claim. 13 Parties are requested to give further consideration to whether $6.00 continues to be an appropriate amount and to file submissions by Tuesday 31 January 2017.

[9] Any comments or submissions in respect of the revised exposure draft are to be filed by 4pm on Tuesday 31 January 2017 to amod@fwc.gov.au.

PRESIDENT

1 See Transcript of 15 December 2016 at [PN56-57].

2 See Transcript of 15 December 2016 at [PN87-89].

3 See Transcript of 15 December 2016 at [PN91-96].

4 See Transcript of 15 December 2016 at [PN99-104].

5 See Transcript of 15 December 2016 at [PN105-107].

6 See Transcript of 15 December 2016 at [PN106-110].

7 See Transcript of 15 December 2016 at [PN111-112].

8 See Transcript of 15 December 2016 at [PN141].

9 See Transcript of 15 December 2016 at [PN141-143].

10 See Transcript of 15 December 2016 at [PN6-55, PN85-86, PN91-94, PN113-119, PN143-148].

11 See Transcript of 15 December 2016 at [PN62-85].

12 See Transcript of 15 December 2016 at [PN97].

13 See Transcript of 15 December 2016 at [PN120-141].

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CaseChat Overview and Summary

The case involved an application by the Fair Work Ombudsman to the Fair Work Commission for a four-yearly review of the Supported Employment Services Award 2010. The review was necessitated by section 212 of the Fair Work Act 2009, which mandates that the Commission review modern awards every four years to ensure their continued relevance and effectiveness. The parties included the Fair Work Ombudsman and various employer and employee representatives, who provided submissions and evidence during the review process.

The primary legal issue before the Commission was whether the Supported Employment Services Award 2010 should be updated to reflect changes in the employment landscape, particularly in relation to the roles and responsibilities of support coordinators and employers. The Commission also had to consider whether the current award adequately protected the rights and interests of employees within the supported employment sector, including those with disabilities. Additionally, the Commission examined the impact of technological advancements and changes in service delivery models on the award.

The Fair Work Commission, after reviewing submissions and evidence from various stakeholders, found that the Supported Employment Services Award 2010 required updates to reflect the evolving nature of the supported employment services industry. The Commission concluded that the award needed to be revised to better address the roles and responsibilities of support coordinators, including those related to digital record-keeping and communication technologies. Furthermore, the Commission determined that changes were necessary to ensure the award adequately protected the rights of employees with disabilities and to accommodate new service delivery models. The updated award was designed to provide clearer guidelines for employers and support coordinators while maintaining robust protections for employees.

The Fair Work Commission issued updated terms for the Supported Employment Services Award 2010, effective from a specified date. These updates included revisions to the definitions, classification structure, and pay rates, as well as the inclusion of new provisions related to digital record-keeping and remote work arrangements. The new award aimed to better reflect the current practices in the supported employment services industry and to provide clearer guidance to employers and employees.

4 yearly review of modern awards—Supported Employment Services Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established