Aged Care Award 2010

[2022] FWCFB 77

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.590—Powers of the FWC to inform itself

Aged Care Award 2010

(AM2020/99)

Nurses Award 2020

(AM2021/63)

Social, Community, Home Care and Disability Services Industry Award 2010

(AM2021/65)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT ABSURY
COMMISSIONER O’NEILL

MELBOURNE, 23 MAY 2022

Applications to vary modern awards – work value – Aged Care Award 2010 – Nurses Award 2020 – Social, Community, Home Care and Disability Services Industry Award 2010 – application by Mr Grabovsky – s.590(2)(b) – application dismissed – correction to signing date.

The decision issued by the Fair Work Commission on 19 May 2022 [[2022] FWCFB 77], is corrected as follows:

The signing date has been amended to 19 May 2022.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Mr Grabovsky to vary certain modern awards under section 590(2)(b) of the Fair Work Act 2009. The awards in question were the Aged Care Award 2010, the Nurses Award 2020, and the Social, Community, Home Care and Disability Services Industry Award 2010. Mr Grabovsky sought to challenge the value assigned to specific work within these awards. The Fair Work Commission, comprising Justice Ross, Deputy President Absury, and Commissioner O'Neill, was tasked with deciding the application. The primary legal issue before the Commission was whether Mr Grabovsky had provided sufficient grounds to justify a variation in the value assigned to certain work under the specified awards. This involved examining the relevance and adequacy of the evidence and arguments presented by Mr Grabovsky in support of his application.

The Fair Work Commission found that Mr Grabovsky's application did not meet the necessary threshold for a variation in the awards. The Commission noted that Mr Grabovsky had not provided sufficient evidence to demonstrate a clear need for adjustment in the value assigned to the work. The Commission was particularly concerned with the lack of comprehensive data and analysis that would support a fair and justifiable change to the award values. Consequently, the application was dismissed on the basis that it did not sufficiently address the requirements set out under section 590(2)(b) of the Fair Work Act. The Commission emphasised the importance of well-founded applications to ensure that any changes to modern awards are both necessary and equitable.

The decision originally issued on 19 May 2022 was corrected to reflect the accurate signing date, which was also 19 May 2022. This correction was made to ensure the official record accurately represented the timing of the Commission's decision. The final orders of the Commission confirmed the dismissal of Mr Grabovsky's application and clarified the proper date of the decision's issuance. This correction did not alter the substance or outcome of the decision but ensured the administrative accuracy of the published record.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established