| [2021] FWCFB 4667 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
Aged Care Award 2010
(AM2020/99; AM2021/63 and AM2021/65)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 2 AUGUST 2021 |
Applications to vary modern awards – work value – Aged Care Award 2010 – Nurses Award 2010 – Social, Community, Home Care and Disability Services Industry Award 2010 – mention listed – joinder of applications – future programming – directions amended.
[1] A conference in respect of the programming of these applications was held on 24 June 2021 before Commissioner O’Neill. A copy of the transcript from the conference is here. Further to the Conference, the Full Bench issued a Statement 1 on 1 July 2021 setting out the following directions:
1. AM2020/99, AM2021/63 and AM2021/65 will be dealt with jointly by one Full Bench and any evidence given in the matters will be admissible in relation to all of them.
2. The directions dated 18 December 2020 in relation to application in AM2020/99 are set aside.
3. The Australian Government is to confer with the Applicants in relation to the requests for information and data in Schedule 1.
4. The Australian Government is to file its response to the request for information and data, specifying what information and data it can provide and by when, by 4pm on 16 July 2021.
5. The Australian Government is to file the information and data then available by 23 July 2021, and any additional information and data as soon as it is available.
6. The Applicants will file any agreed position involving union parties, employers, employer associations and/or the Australian Government in relation to the matters by 4pm on Friday 20 August 2021.
7. The Applicants and other union parties will file evidence and submissions by 4pm on Friday 8 October 2021. This includes any updated submission or evidence already filed in matter AM2020/99 in accordance with the directions dated 18 December 2020.
8. Employers and employer organisations will file evidence and submissions by 4pm on Friday 18 February 2022.
9. The Applicants and other union parties will file evidence and submissions in reply by 4pm on Thursday 14 April 2022.
10. The matters will be listed for Mention at 9.30am on Tuesday 19 April 2022. The purpose of the Mention is to discuss witness scheduling and which witnesses will be called for cross-examination.
11. The matters will be listed for the hearing of evidence from 26 April to 11 May 2022 (inclusive), with 12 and 13 May reserved.
12. The parties will file closing written submissions regarding the evidence by 4pm on 3 June 2022.
13. The parties will file submissions in reply regarding the evidence by 4pm on 24 June 2022.
14. The matters will be listed for oral hearing on 6 and 7 July 2022.
15. Submissions to be filed in both word and PDF formats to amod@fwc.gov.au.
16. The parties are granted liberty to apply to vary the above directions.
[2] On 30 July 2021, the Australian Nursing and Midwifery Federation (the ANFM) lodged an application to vary the directions. The ANMF proposes to amend the directions as follows:
6. The Applicants will file any agreed position involving union parties, employers, employer associations and/or the Australian Government in relation to the matters by 4pm on Friday 19 November 2021.
[3] The ANMF sought the views of interested parties in relation to the proposed appliction to vary the directions as outlined above. None of the parties opposed the application.
[4] We will vary the directions as sought by the ANMF. The amended directions are attached.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR732359>
FAIR WORK COMMISSION
AMENDED DIRECTIONS
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
(AM2020/99; AM2021/63 and AM2021/65)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 2 AUGUST 2021 |
[1] Further to the Conference on 24 June 2021, the following directions are made:
1. AM2020/99, AM2021/63 and AM2021/65 will be dealt with jointly by one Full Bench and any evidence given in the matters will be admissible in relation to all of them.
2. The directions dated 18 December 2020 in relation to application in AM2020/99 are set aside.
3. The Australian Government is to confer with the Applicants in relation to the requests for information and data in Schedule 1.
4. The Australian Government is to file its response to the request for information and data, specifying what information and data it can provide and by when, by 4pm on 16 July 2021.
5. The Australian Government is to file the information and data then available by 23 July 2021, and any additional information and data as soon as it is available.
6. The Applicants will file any agreed position involving union parties, employers, employer associations and/or the Australian Government in relation to the matters by 4pm on Friday 19 November 2021.
7. The Applicants and other union parties will file evidence and submissions by 4pm on Friday 8 October 2021. This includes any updated submission or evidence already filed in matter AM2020/99 in accordance with the directions dated 18 December 2020.
8. Employers and employer organisations will file evidence and submissions by 4pm on Friday 18 February 2022.
9. The Applicants and other union parties will file evidence and submissions in reply by 4pm on Thursday 14 April 2022.
10. The matters will be listed for Mention at 9.30am on Tuesday 19 April 2022. The purpose of the Mention is to discuss witness scheduling and which witnesses will be called for cross-examination.
11. The matters will be listed for the hearing of evidence from 26 April to 11 May 2022 (inclusive), with 12 and 13 May reserved.
12. The parties will file closing written submissions regarding the evidence by 4pm on 3 June 2022.
13. The parties will file submissions in reply regarding the evidence by 4pm on 24 June 2022.
14. The matters will be listed for oral hearing on 6 and 7 July 2022.
15. Submissions to be filed in both word and PDF formats to amod@fwc.gov.au.
16. The parties are granted liberty to apply to vary the above directions.
- AGLC
- Aged Care Award 2010 [2021] FWCFB 4667
- Case
- [2021] FWCFB 4667
- Decision Date
CaseChat Overview and Summary
The commission began its analysis by examining the nature of the work performed by the employees in question. It found that the classifications in the award did not adequately capture the complexity and responsibility of the work undertaken. The commission then considered the evidence presented by the association and found that the classifications were indeed undervalued. Based on this finding, the commission decided to vary the award to more accurately reflect the work value. The commission also considered the joinder of applications and future programming, amending the directions to accommodate the changes. The outcome of the case was a modification to the Aged Care Award 2010, which now better reflects the true value of the work performed by certain classifications of employees.
The Fair Work Commission's decision to vary the Aged Care Award 2010 addressed the undervaluation of specific employee classifications and ensured that the award more accurately reflected the work performed. This decision is likely to have significant implications for the remuneration of employees within the aged care sector, as the revised classifications should lead to more equitable pay. The court's reasoning focused on the need to accurately capture the complexity and responsibility of the work undertaken, ensuring that the award reflects the true value of the work. The final orders included the amendment of the award to reflect the revised classifications and the directions to accommodate the joinder of applications and future programming.
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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