Aged Care Award 2010
[2022] FWCFB 52
•6 APRIL 2022
| [2022] FWCFB 52 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
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 ASBURY COMMISSIONER O’NEILL | MELBOURNE, 6 APRIL 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 – correspondence.
On 6 April 2022, solicitors for the Health Services Union wrote to the Commission, with the consent of the Australian Nursing and Midwifery Federation, the United Workers’ Union, Australian Business Industrial, Leading Age Services Australia and Aged & Community Services Australia, in respect of the programming and hearing of this matter.
The relevant parts of the correspondence are as follows:
‘In order to prepare and agree the hearing plan as requested by the Commission in the 11 March Statement the parties would be assisted by further information as to how the Commission proposes to program and hear this matter.
To that end, we respectfully raise the following issues in respect of which an indication of the Commission’s inclinations would assist the parties in their planning.
Noting that the Commission proposes in the 4 April Statement to proceed to hear this matter via Microsoft Teams :
1.Could hearing rooms be made available in registries of the Commission with audio-visual links established between all such hearing rooms, so as to enable witnesses and representatives to elect to attend from either their home/office location via Microsoft Teams or to physically attend such registries as are convenient (i.e., at least in Sydney and Melbourne, possibly also in other registries subject to the Commission’s convenience and resources)?
2.Is the Commission prepared to accommodate site inspections in the first week of the schedule of hearings, if such inspections can be arranged safely? The parties consider that the Commission would be assisted by such inspections. If the Commission is prepared to accommodate inspections, the parties will consult and endeavour to propose an agreed list of inspection venues in advance of the next mention in order that appropriate arrangements can be made.
The parties are engaged in the development of a hearing plan and would be greatly assisted by the Commission’s indications in relation to these matters at the Commission’s earliest convenience.’
In response to the requests put, we advise as follows:
The hearing room facilities requested will be made available in Melbourne and Sydney. There will be the capacity to elect to attend in person.
The Full Bench is prepared to accommodate site inspections in the first week of the schedule of hearings provided such inspections can be arranged safely and in compliance with relevant public health orders. It may be the case that not all Members of the Full Bench will attend each inspection.
As noted in the 11 March 2022 Statement,[1] a mention has been listed for 12 noon (AEST) on Friday 22 April 2022. Parties are reminded that, prior to the mention, they must inform each other of the witnesses required for cross-examination, and prepare a joint hearing plan addressing the order of witnesses and each parties’ approximate estimates of time for cross-examination. Noting the HSU’s request, the hearing plan should also specify the location of each of the witnesses to assist the Commission with providing appropriate access to hearing rooms. The hearing plan and any objections to the evidence in the witness statements should be sent to [email protected] by 4pm (AEST) on Thursday 21 April 2022. The process for dealing with any evidentiary objections filed will be dealt with at the mention.
We also noted in the 11 March statement that the Commission will prepare a Digital Hearing Book (DHB) to assist interested parties at the hearings commencing on Tuesday 26 April 2022. A draft index for the DHB will be published with this statement. Any comments in relation to the draft index should be filed by 4pm on Wednesday 13 April 2022. The index will be updated to include evidence and submissions filed by 21 April 2022 in accordance with the current directions.
PRESIDENT
<PR740085>
Digital Hearing Book
AM2020/99, AM2021/63, AM2021/65 – Work Value Case – Aged Care Industry
| Full Bench |
| Hearing Date: Tuesday, 26 April 2022 |
| DECISIONS AND STATEMENTS | ||||
| # | Description | Subject | Date | Page |
| 1 | Statement - [2020] FWC 6308 | Application to vary Aged Care Award 2010 – directions issued | 24/11/2020 | |
| 2 | Statement - [2021] FWC 1485 | Application to vary Aged Care Award 2010 – request to vary directions received | 18/03/2021 | |
| 3 | Statement - [2021] FWC 3249 | Joinder of Applications to vary Aged Care Award 2010, Nurses Award 2010 and Social, Community, Home Care and Disability Services Industry Award 2010 | 07/06/2021 | |
| 4 | Statement – [2021] FWCFB 3726 | Joinder of Applications – directions issued | 01/07/2021 | |
| 5 | Statement - [2021] FWCFB 4667 | Joinder of Applications – directions amended | 02/08/2021 | |
| 6 | Statement - [2022] FWCFB 29 | Joinder of Applications - mention | 11/03/2022 | |
| NOTICES OF LISTING AND DIRECTIONS | ||||
| # | Description | Date | Page | |
| 7 | Notice of Listing – mention for 23 November 2020 | 13/11/2020 | ||
| 8 | Amended Notice of Listing – mention for 18 December 2020 | 09/12/2020 | ||
| 9 | Directions | 18/12/2020 | ||
| 10 | Notice of Listing – mention for 23 August 2021 | 12/01/2021 | ||
| 11 | Notice of Listing – 26 March 2021 | 18/03/2021 | ||
| 12 | Amended Notice of Listing – 26 March 2021 | 25/03/2021 | ||
| 13 | Notice of Listing – conference on 24 June 2021 | 07/06/2021 | ||
| 14 | Revised Notice of Listing – mention for 19 April 2022 | 02/07/2021 | ||
| 16 | Amended Directions – 17 December 2020 | 18/11/2021 | ||
| 17 | Amended Directions – 4 March and April 2022 | 04/01/2022 | ||
| 18 | Revised Notice of Listing – mention for 22 April 2022 | 02/02/2022 | ||
| 19 | Notice of Listing – 26 April to 11 May 2022 | 01/04/2022 | ||
| CORRESPONDENCE | ||||
| # | Description | Organisation | Date | Page |
| 20 | Reply from FWC regarding Form F1 application for service | Fair Work Commission | 20/11/2020 | |
| 21 | FWC’s update to interested parties | Fair Work Commission | 20/11/2020 | |
| 22 | ANMF’s correspondence and reply to FWC | Australian Nursing & Midwifery Federation | 15/12/2020 | |
| 23 | FWC‘s provisional hearing dates | Fair Work Commission | 13/01/2021 | |
| 24 | ANMF’s correspondence – further application and timetable | Australian Nursing & Midwifery Federation | 16/03/2021 | |
| 25 | ANMF’s correspondence – variation to directions | Australian Nursing & Midwifery Federation | 24/03/2021 | |
| 26 | UWU’s correspondence – further application and timetable | United Workers Union | 24/03/2021 | |
| 27 | AGS’s correspondence – Royal Commission Report | Australian Government Solicitor | 25/03/2021 | |
| 28 | HSU’s correspondence – timetable | Health Services Union | 26/03/2021 | |
| 29 | FWC’s correspondence – ANMF application to vary Nurses and Aged Care Awards | Fair Work Commission | 24/05/2021 | |
| 30 | UWU’s correspondence – application | United Workers Union | 01/06/2021 | |
| 31 | ANMF’s correspondence – request for information | Australian Nursing & Midwifery Federation | 22/06/2021 | |
| 32 | HSU’s correspondence – request for information | Health Services Union | 22/06/2021 | |
| 33 | AGS’s response to HSU request for information | Australian Government Solicitor | 23/06/2021 | |
| 34 | AGS’s correspondence to FWC – request for information | Australian Government Solicitor | 16/07/2021 | |
| 35 | ANMF’s correspondence – variation of directions | Australian Nursing & Midwifery Federation | 30/07/2021 | |
| 36 | AGS’s response to HSU requested information | Australian Government Solicitor | 31/08/2021 | |
| 37 | State of Victoria’s correspondence – intent to make submission | State of Victoria - Department of Health | 11/09/2021 | |
| 38 | HSU’s correspondence to AGS | Health Services Union | 15/09/2021 | |
| 39 | AGS’s response to HSU’s request for information | Australian Government Solicitor | 24/09/2021 | |
| 40 | HSU’s correspondence – extension of time | Health Services Union | 06/10/2021 | |
| 41 | HSU’s correspondence and reply from FWC – extension of time | Health Services Union | 07/10/2021 | |
| 42 | ANMF – Application for directions on procedure | Australian Nursing & Midwifery Federation | 12/11/2021 | |
| 43 | Subscriber correspondence – Application for directions on procedure – deadline for parties | Fair Work Commission | 15/11/2021 | |
| 44 | ACSA, LASA and ABI correspondence to FWC – extension of time | Aged & Community Services Australia Leading Age Services Australia Australian Business Industrial | 22/12/2021 | |
| 45 | ANMF’s correspondence – extension of time | Australian Nursing & Midwifery Federation | 23/12/2021 | |
| 46 | HSU’s correspondence – extension of time | Health Services Union | 23/12/2021 | |
| 47 | UWU’s correspondence – extension of time | United Workers Union | 23/12/2021 | |
| 48 | FWC’s correspondence in reply – extension of time | Fair Work Commission | 24/12/2021 | |
| 49 | FWC’s directions correspondence | Fair Work Commission | 04/02/2022 | |
| 50 | State of Victoria’s correspondence – submissions | State of Victoria - Department of Health | 04/03/2022 | |
| 51 | HSU’s correspondence – hearing plan | Health Services Union | 05/04/2022 | |
| SUBMISSIONS | ||||
| # | Description | Organisation | Date | Page |
| 52 | HSU’s outline of evidence and draft orders | Health Services Union | 14/12/2020 | |
| 53 | ANMF’s proposed variation to directions | Australian Nursing & Midwifery Federation | 24/03/2021 | |
| 54 | UWU’s outline of submissions | United Workers Union | 01/04/2021 | |
| 55 | ANMF’s outline of submissions | Australian Nursing & Midwifery Federation | 01/04/2021 | |
| 56 | ANMF’s submission | Australian Nursing & Midwifery Federation | 01/04/2021 | |
| 57 | HSU’s submission | Health Services Union | 01/04/2021 | |
| 58 | ANMF’s proposed directions | Australian Nursing & Midwifery Federation | 22/06/2021 | |
| 59 | HSU’s proposed directions | Health Services Union | 22/06/2021 | |
| 60 | AGS’s submission | Australian Government Solicitor | 16/07/2021 | |
| 61 | AGS’s submission – information and data | Australian Government Solicitor | 23/07/2021 | |
| 62 | AGS’s submission | Australian Government Solicitor | 01/09/2021 | |
| 63 | HSU’s submission – information and data | Health Services Union | 15/09/2021 | |
| 64 | AGS’s submission | Australian Government Solicitor | 24/09/2021 | |
| 65 | ANMF’s submission | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 66 | UWU’s submission | United Workers Union | 29/10/2021 | |
| 67 | HSU’s submission | Health Services Union | 29/10/2021 | |
| 68 | Aged Care Stakeholder’s submission | Aged Care Stakeholder | 17/12/2021 | |
| 69 | Livio Feliciani’s submission | 15/02/2022 | ||
| 70 | BaptistCare’s submission | BaptistCare | 03/03/2022 | |
| 71 | Chamber of Commerce and Industry WA’s submission | Chamber of Commerce and Industry WA | 04/03/2022 | |
| 72 | IRT’s submission | IRT | 04/03/2022 | |
| 73 | Uniting Care Australia’s submission | Uniting Care Australia | 04/03/2022 | |
| 74 | ACSA, LASA and ABI submissions | Aged & Community Services Australia Leading Age Services Australia Australian Business Industrial | 04/03/2022 | |
| 75 | Uniting NSW.ACT’s submission | Uniting NSW.ACT | 04/03/2022 | |
| 76 | Evergreen Life Care’s submission | Evergreen Life Care | 07/03/2022 | |
| TRANSCRIPTS | ||||
| # | Description | Date | Page | |
| 77 | Transcript of mention on 23 November 2020 | 23/11/2020 | ||
| 78 | Transcript of mention on 18 December 2020 | 18/12/2020 | ||
| 79 | Transcript of directions hearing on 26 March 2021 | 26/03/2021 | ||
| 80 | Transcript of conference on 24 June 2021 | 24/06/2021 | ||
| WITNESS STATEMENTS | ||||
| # | Description | Organisation | Date | Page |
| 81 | HSU’s witness statement – V Ellis | Health Services Union | 25/03/2021 | |
| 82 | HSU’s witness statement –T Roberts | Health Services Union | 27/03/2021 | |
| 83 | HSU’s witness statement – S Barnes | Health Services Union | 28/03/2021 | |
| 84 | HSU’s witness statement – L Svendsen | Health Services Union | 28/03/2021 | |
| 85 | HSU’s witness statement – S Fox | Health Services Union | 29/03/2021 | |
| 86 | HSU’s witness statement – S Ghimire | Health Services Union | 29/03/2021 | |
| 87 | HSU’s witness statement – H Platt | Health Services Union | 29/03/2021 | |
| 88 | HSU’s witness statement – C Glass | Health Services Union | 29/03/2021 | |
| 89 | HSU’s witness statement – C Austen | Health Services Union | 29/03/2021 | |
| 90 | HSU’s witness statement – S O’Donnell | Health Services Union | 29/03/2021 | |
| 91 | HSU’s witness statement – A Curry | Health Services Union | 30/03/2021 | |
| 92 | HSU’s witness statement – A Schmidt | Health Services Union | 30/03/2021 | |
| 93 | HSU’s witness statement – P Little | Health Services Union | 30/03/2021 | |
| 94 | HSU’s witness statement – R Sodermans | Health Services Union | 30/03/2021 | |
| 95 | HSU’s witness statement – S Charlesworth | Health Services Union | 31/03/2021 | |
| 96 | HSU’s witness statement – Donna Kelly | Health Services Union | 31/03/2021 | |
| 97 | HSU’s witness statement – Deborah Kelly | Health Services Union | 31/03/2021 | |
| 98 | HSU’s witness statement – D Kent | Health Services Union | 31/03/2021 | |
| 99 | HSU’s witness statement – G Hayes | Health Services Union | 01/04/2021 | |
| 100 | HSU’s witness statement – A Charlier | Health Services Union | 01/04/2021 | |
| 101 | HSU’s witness statement – F Gauci | Health Services Union | 01/04/2021 | |
| 102 | HSU’s witness statement – E Hutchins | Health Services Union | 01/04/2021 | |
| 103 | HSU witness statement – G Meagher | Health Services Union | 01/04/2021 | |
| 104 | HSU’s witness statement – D Eden | Health Services Union | 01/04/2021 | |
| 105 | HSU’s witness statement – C Friend | Health Services Union | 01/04/2021 | |
| 106 | HSU’s witness statement – K Eager | Health Services Union | 01/04/2021 | |
| 107 | HSU’s witness statement – A Whyte | Health Services Union | 01/04/2021 | |
| 108 | HSU’s witness statement – K Youd | Health Services Union | 01/04/2021 | |
| 109 | HSU’s witness statement – L Twyford | Health Services Union | 01/04/2021 | |
| 110 | HSU’s witness statement – K Mills | Health Services Union | 01/04/2021 | |
| 111 | HSU’s witness statement – K Sweeney | Health Services Union | 01/04/2021 | |
| 112 | HSU’s witness statement – J Gilchrist | Health Services Union | 01/04/2021 | |
| 113 | HSU’s witness statement – J Peacock | Health Services Union | 01/04/2021 | |
| 114 | HSU’s witness statement – M Jennings | Health Services Union | 01/04/2021 | |
| 115 | HSU’s witness statement – M Castieau | Health Services Union | 01/04/2021 | |
| 116 | HSU’s witness statement – L Cowan | Health Services Union | 01/04/2021 | |
| 117 | HSU’s witness statement – L Flegg | Health Services Union | 01/04/2021 | |
| 118 | HSU’s witness statement – M Harden | Health Services Union | 01/04/2021 | |
| 119 | HSU’s witness statement – P Jones | Health Services Union | 01/04/2021 | |
| 120 | HSU’s witness statement – A Field | Health Services Union | 01/04/2021 | |
| 121 | HSU’s witness statement – K Boxsell | Health Services Union | 01/04/2021 | |
| 122 | HSU’s witness statement – L Svendsen | Health Services Union | 01/04/2021 | |
| 123 | HSU’s witness statement – S Kurrle | Health Services Union | 25/04/2021 | |
| 124 | Tandara Lodge Community Care’s witness statement – P Crantock | Tandara Lodge Community Care | 30/08/2021 | |
| 125 | HSU’s supplementary witness statement – G Meagher | Health Services Union | 29/10/2021 | |
| 126 | HSU’s witness statement – C Sedgman | Health Services Union | 29/10/2021 | |
| 127 | HSU’s witness statement – J Eddington | Health Services Union | 29/10/2021 | |
| 128 | HSU’s witness statement – J Wood | Health Services Union | 29/10/2021 | |
| 129 | HSU’s witness statement – P Doherty | Health Services Union | 29/10/2021 | |
| 130 | HSU’s witness statement – S Digney | Health Services Union | 29/10/2021 | |
| 131 | HSU’s witness statement – L Seifert | Health Services Union | 29/10/2021 | |
| 132 | HSU’s witness statement – S Fox | Health Services Union | 29/10/2021 | |
| 133 | HSU’s witness statement – M Phillips | Health Services Union | 29/10/2021 | |
| 134 | HSU’s witness statement – M Purdon | Health Services Union | 29/10/2021 | |
| 135 | HSU’s witness statement – S Wagner | Health Services Union | 29/10/2021 | |
| 136 | HSU’s witness statement – C Evans | Health Services Union | 29/10/2021 | |
| 137 | HSU’s witness statement – T Heenan | Health Services Union | 29/10/2021 | |
| 138 | HSU’s witness statement – J Kupke | Health Services Union | 29/10/2021 | |
| 139 | HSU’s witness statement – B Payton | Health Services Union | 29/10/2021 | |
| 140 | HSU’s witness statement – V Vincent | Health Services Union | 29/10/2021 | |
| 141 | HSU’s witness statement – S White | Health Services Union | 29/10/2021 | |
| 142 | ANMU’s witness statement – A Venosta | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 143 | ANMU’s witness statement – A Butler | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 144 | ANMU’s witness statement – C Spangler | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 145 | ANMU’s witness statement – D Power | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 146 | ANMU’s witness statement – E Johnson | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 147 | ANMU’s witness statement – H Butcher | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 148 | ANMU’s witness statement – I McInerney | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 149 | ANMU’s witness statement – J Bryce | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 150 | ANMU’s witness statement – J Hofman | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 151 | ANMU’s witness statement – J Alberry | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 152 | ANMU’s witness statement – K Wischer #1 | Australian Nursing & Midwifery Federation | 14/09/2021 | |
| 153 | ANMU’s witness statement – K Wischer #f2 | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 154 | ANMU’s witness statement – K Chrisfield | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 155 | ANMU’s witness statement – K Crank | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 156 | ANMU’s witness statement – L Bayram | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 157 | ANMU’s witness statement – L Hardman | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 158 | ANMU’s witness statement – M Bernoff | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 159 | ANMU’s witness statement – P McLean | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 160 | ANMU’s witness statement – P Breen | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 161 | ANMU’s witness statement – P Gilbert | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 162 | ANMU’s witness statement – R Bonner | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 163 | ANMU’s witness statement – R Nasemena | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 164 | ANMU’s witness statement – S Clarke | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 165 | ANMU’s witness statement – S Voogt | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 166 | ANMU’s witness statement – S Hewson | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 167 | ANMU’s witness statement – V Mashford | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 168 | ANMU’s witness statement – W Knights | Australian Nursing & Midwifery Federation | 29/10/2021 | |
| 169 | UWU’s witness statement – J Clarke | United Workers’ Union | 29/03/2021 | |
| 170 | UWU’s witness statement – S Hufnagel | United Workers’ Union | 30/03/2021 | |
| 171 | UWU’s witness statement – T Colbert | United Workers’ Union | 31/03/2021 | |
| 172 | UWU’s witness statement – L Parke | United Workers’ Union | 31/03/2021 | |
| 173 | UWU’s witness statement – R Heyen | United Workers’ Union | 31/03/2021 | |
| 174 | UWU’s witness statement – G Bowers | United Workers’ Union | 01/04/2021 | |
| 175 | UWU’s witness statement – C Goh | United Workers Union | 29/10/2021 | |
| 176 | UWU’s witness statement – K Conroy | United Workers Union | 29/10/2021 | |
| 177 | UWU’s witness statement – K Roe | United Workers Union | 29/10/2021 | |
| 178 | UWU’s witness statement – L Grogan | United Workers Union | 29/10/2021 | |
| 179 | UWU’s witness statement – M Coad | United Workers Union | 29/10/2021 | |
| 180 | UWU’s witness statement – M Moffat | United Workers Union | 29/10/2021 | |
| 181 | UWU’s witness statement – N Inglis | United Workers Union | 29/10/2021 | |
| 182 | UWU’s witness statement – P Wheatley | United Workers Union | 29/10/2021 | |
| 183 | UWU’s witness statement – R Dennis | United Workers Union | 29/10/2021 | |
| 184 | UWU’s witness statement – S Morton | United Workers Union | 29/10/2021 | |
| 185 | UWU’s witness statement – S Toner | United Workers Union | 29/10/2021 | |
| 186 | UWU’s witness statement – T Hetherington | United Workers Union | 29/10/2021 | |
| 187 | ACSA, LASA and ABI witness statement – P Sadler | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 01/03/2022 | |
| 188 | ACSA, LASA and ABI witness statement – E Brown | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 02/03/2022 | |
| 189 | ACSA, LASA and ABI witness statement – C Smith | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 02/03/2022 | |
| 190 | ACSA, LASA and ABI witness statement – M Sewell | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 03/04/2022 | |
| 191 | ACSA, LASA and ABI witness statement – J Brockhaus | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 03/04/2022 | |
| 192 | ACSA, LASA and ABI witness statement – K Bradshaw | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 04/03/2022 | |
| 193 | ACSA, LASA and ABI witness statement – S Cudmore | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 04/03/2022 | |
| 194 | ACSA, LASA and ABI witness statement – A Wade | Aged & Community Services Australia; Leading Age Services Australia; Australian Business Industrial | 04/03/2022 | |
| RESEARCH | ||||
| # | Description | Organisation | Date | Page |
[1] [2022] FWCFB 29
Printed by authority of the Commonwealth Government Printer
6
0