Application to vary the Social, Community, Home Care and Disability Services Industry Award 2010

[2023] FWC 973

[2023] FWC 973

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.160—Variation of modern award

Application to vary the Social, Community, Home Care and Disability Services Industry Award 2010

(AM2020/21)

DEPUTY PRESIDENT CLANCY MELBOURNE, 24 APRIL 2023

Application to vary the Social, Community, Home Care and Disability Services Industry Award 2010.

1. On 5 April 2020, I issued a Statement (April 2023 Statement),[1] in which I outlined the procedural history and substantive positions of a number of named interested parties in relation to an application made by Ms Zeenat Abdullah seeking a variation to clause 25.3 of the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) to remove ambiguity or uncertainty or correct an error.

1. Having regard to matters raised by Ms Abdullah’s application, I outlined the following:

“[18] Having regard to the variations proposed by Ms Abdullah and NDS, the rationale behind them and the submissions of the parties, I consider that it has become apparent that the application is in substance more than an application for a determination varying the SCHADS Award to remove ambiguity or uncertainty or correct an error.

[19] My provisional views are that the application that has been made by Ms Abdullah pursuant to s.160 of the Act is in substance an application to vary the SCHADS Award pursuant to s.157 of the Act and if I am not persuaded the application falls within the operation of s.160, it is open to me to dismiss it.

[20] The possible eventualities flowing from my provisional views include:

a)An interested party may seek to persuade me that there is a basis for the Commission to continue to exercise powers in relation to the application; or

b)Ms Abdullah may determine instead to discontinue this current application and make application pursuant to s.157 of the Act and pursue the variation she seeks; and

c)NDS may determine to make application pursuant to s.157 of the Act and pursue the variation it seeks.”[2]

1. I further outlined that the parties would have the opportunity to file submissions in response to my provisional views by 3:00pm (AEST) on Monday, 24 April 2023.

1. In an email dated 17 April 2023,[3] the Commission received advice via email correspondence that Ms Abdullah had determined to discontinue her application and take no further action.

1. As at 3:00pm (AEST) on Monday, 24 April 2023, no other interested party to Ms Abdullah’s application had taken up the opportunity to file submissions in response to my provisional views.

1. In these circumstances, it is observed that Ms Abdullah has discontinued application AM2020/21 pursuant to Rule 10(2)(b)(i) of the Fair Work Commission Rules 2013.  Accordingly, the Commission’s file is now closed and no further action will be taken.

DEPUTY PRESIDENT

[1] [2023] FWC 830

[2] Ibid at [18]-[20].

[3] Email correspondence dated 17 April 2023.

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