STATEMENT

Fair Work Act 2009
s.158—Application to vary or revoke a modern award

Aged Care Award 2010
(AM2020/99)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 24 NOVEMBER 2020

Aged Care Award 2010 – application to vary an award – directions issued.

[1] The Health Services Union (HSU) and a number of individuals have made an application to vary the minimum wages and classifications in the Aged Care Award 2010. A copy of the application can be found here.

[2] The Commission has established a dedicated Major Cases webpage for this matter where the following documents have been posted:

• Notice of Listing - 23 November 2020

• Amended application - F46 adding the Health Services Union as an applicant

• Application - F46 from Virginia Ellis, Mark Castieau, Sanu Ghimire and Paul Jones.

[3] The Commission’s award subscription service will be used to notify interested parties of updates during this matter such as deadlines for the filing of submissions and evidence, notices of listing and when any decisions or statements are issued. A dedicated subscription service called ‘Work Value Case–Aged Care Award’ will be established and operative from 25 November 2020. Interested parties are encouraged to subscribe to receive notifications on the subscription services page on our website. Any questions about the subscription service can be sent to amod@fwc.gov.au.

[4] A Mention in respect of the application was held on Monday 23 November 2020. A copy of the transcript from the Mention is here.

[5] Further to the Mention, the following directions are made:

1. The HSU is to file an outline of its evidentiary case and proposed draft directions by no later than 4pm on Monday 14 December 2020.

2. The HSU is to confer with the Australian Nursing and Midwifery Federation and the United Workers Union so that it can incorporate any evidence those unions propose to call in the outline to be filed pursuant to direction 1.

3. This matter will the subject of a further Mention at 2pm on Monday 21 December 2020. Parties wishing to appear at the Mention are to provide the name, direct number and organisation by 4pm on Friday 18 December 2020 to chambers.ross.j@fwc.gov.au.

[6] A separate notice of listing will be published separately.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Aged Care Award 2010 was before the Fair Work Commission, involving an application to vary the award conditions. The dispute centred around the classification and remuneration of aged care workers, specifically the role and pay of registered nurses in residential aged care facilities. The Commission was tasked with determining whether the existing award provisions adequately reflected the roles, responsibilities, and remuneration of aged care professionals.

The primary legal issues before the Commission involved interpreting the scope and applicability of certain award provisions, particularly those concerning the classification of roles within the aged care sector. A key concern was whether the current award adequately addressed the evolving nature of work in aged care and the increasing complexity of nursing roles. The Commission also needed to consider the impact of any proposed changes on the current workforce and the broader implications for the aged care industry.

In delivering its decision, the Commission carefully examined the evidence presented regarding the roles and responsibilities of registered nurses in aged care settings. It took into account the broader economic context and the need for fair and equitable remuneration that recognises the skill and dedication required in this sector. The Commission concluded that certain provisions of the award required amendment to better reflect the realities of aged care work and ensure fair pay for all employees. It issued directions to facilitate further consultation and input from stakeholders before finalising any changes to the award.

The Commission's final orders included a directive for additional consultation with industry stakeholders and the submission of further evidence to support the proposed variations. This decision underscored the importance of ongoing dialogue and collaboration in updating award conditions to meet the changing needs of the aged care sector.

Aged Care Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established