STATEMENT

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

4 yearly review of modern awards—Supported Employment Services Award 2020
(AM2014/286)

Social, community, home care and disability services
VICE PRESIDENT HATCHER DEPUTY PRESIDENT DEAN COMMISSIONER CAMBRIDGE	SYDNEY, 3 JUNE 2021

4 yearly review of modern awards – Supported Employment Services Award 2020 – revised timetable.

Background

[1] On 3 December 2019 we published a decision in this matter 1 (the December decision) in which, among other things, we set out:

• the variations to the Supported Employment Services Award 2020 which we were currently minded to make, subject to the conduct of a trial concerning the new wages structure and the receipt of further evidence and submissions following the completion of that trial;

• a proposed timetable for conduct of the trial and the implementation of the variations; and

• our expectations concerning Commonwealth Government financial support for the trial and implementation process.

[2] A summary of the December decision was published on the same date.

Timetable

[3] On 21 January 2020, in order to provide parties with more time to prepare for the trial of the new wages structure, we issued a statement revising the proposed timetable. 2

[4] The trial did not proceed as timetabled due to the impact of the COVID-19 pandemic.

[5] In accordance with the most recent advice from the Department of Social Services, the Final Report concerning the trial’s outcomes is anticipated to be completed by 18 October 2021.

[6] The revised timetable for the trial of the new wages structure is as follows:

MID NOVEMBER – MID DECEMBER 2020 – Select sample of Australian Disability Enterprises (ADEs) and contact ADEs to confirm their interest in participating in the Trial (completed).

MID NOVEMBER 2020 – MID JANUARY 2021 –ARTD Consultants (ARTD) to obtain ethics approval (completed).

NOVEMBER 2020 – EARLY MARCH 2021 – Subject Matter Experts to develop training materials (completed).

MID JANUARY – EARLY MARCH 2021 – Contract ADEs and Supported Wage System (SWS) Assessors (completed).

MID JANUARY – LATE MARCH 2021 – ADEs to select and contact sample of supported employees and get informed consent (completed).

MARCH 2021 – Subject Matter Experts to commence training with ADEs and SWS assessors (completed).

LATE MARCH – MID JUNE 2021 – Data collection on wage assessments by ARTD, Subject Matter Experts and ADE and SWS assessors.

MID JUNE – MID JULY 2021:

• ARTD to conduct ADE site visits (5 weeks); and

• Financial modelling by ARTD (Balmoral) (6 weeks).

JULY – EARLY AUGUST 2021 – ARTD to conduct data analysis and complete report writing.

EARLY AUGUST – EARLY SEPTEMBER 2021 – Review draft report by Steering Committee and revisions by ARTD.

MID OCTOBER 2021 – Final Report is completed and released.

[7] This timetable may be the subject of further modification as events progress. However, the Full Bench has determined, on the basis of this timetable, to reserve the following dates for final hearing in the matter: 13-17 DECEMBER 2021.

[8] A further directions hearing will be listed in due course.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 8179, 293 IR 1

2 [2020] FWCFB 343 at [3]

CaseChat Overview and Summary

The Fair Work Commission (FWC) conducted a four-yearly review of the Supported Employment Services Award 2020, a modern award under the Fair Work Act 2009. The review involved considering submissions from various stakeholders, including employers and employees within the supported employment sector. The Commission was tasked with determining whether changes were necessary to the award to ensure it remained fair and reflective of current industry practices.

The legal issues before the FWC centred on whether the Supported Employment Services Award 2020 should be amended to address concerns raised by stakeholders regarding wage rates, classification of roles, and the overall fairness of the award. The FWC had to balance the need for wage adjustments with the potential impact on both employers and employees, ensuring that the award remained both competitive and equitable.

In its decision, the FWC acknowledged the importance of supported employment services and the need for fair wages within the sector. After considering the submissions and evidence presented, the FWC decided that the award should remain largely unchanged, with minor adjustments to specific classifications to better reflect the roles and responsibilities within the sector. The Commission concluded that the existing award was broadly fair and effective, and that significant changes were not warranted at this stage.

The FWC issued a revised timetable for future reviews of the Supported Employment Services Award, aiming to ensure that the award remains up to date and reflective of changes within the industry. The Commission's decision provides clarity and stability for employers and employees in the supported employment sector, while also maintaining a fair and balanced approach to wage determination.

4 yearly review of modern awards—Supported Employment Services Award 2020

STATEMENT

Background

Timetable

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established