| [2024] FWC 3206 |
| FAIR WORK COMMISSION |
| STATEMENT AND DIRECTIONS |
Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
Gender undervaluation – priority awards review
(AM2024/19, AM2024/20, AM2024/21, AM2024/22, AM2024/23)
Social, Community, Home Care and Disability Services Industry Award 2010 — application for variation by Australian Municipal, Administrative, Clerical and Services Union, The Australian Workers’ Union, Health Services Union and United Workers’ Union
(AM2024/25)
Social, Community, Home Care and Disability Services Industry Award 2010 — application for variation by Australian Municipal, Administrative, Clerical and Services Union
(AM2024/27)
| JUSTICE HATCHER, PRESIDENT | SYDNEY, 20 NOVEMBER 2024 |
Gender-based undervaluation – priority awards review – Children’s Services Award 2010 – Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 – Social, Community, Home Care and Disability Services Industry Award 2010 – Health Professionals and Support Services Award 2020 – Pharmacy Industry Award 2020 – applications to vary Social, Community, Home Care and Disability Services Industry Award 2010 relating to definition of ‘social and community services sector’ (‘home care loophole’) and equal remuneration order and classification structure – hearing timetable finalised – directions regarding order of witnesses.
On 11 November 2024, my chambers issued a provisional timetable for the hearing of the above matters in December 2024. Interested parties were invited to comment via email by 19 November 2024.
Earlier today, on 20 November 2024, I held a programming conference to finalise the hearing timetable. Taking into account the parties’ comments emailed to chambers and provided during the conference, the final timetable follows:
| Date | Matters to be heard | Hearing location |
| MON, 2 DEC 2024 | Children’s Services Award 2010 — evidence | Sydney |
| Tue, 3 Dec 2024 | Children’s Services Award 2010 — evidence | Sydney |
| Wed, 4 Dec 2024 | Children’s Services Award 2010 — evidence | Sydney |
| Thu, 5 Dec 2024 | Children’s Services Award 2010 — evidence, including that of Associate Professor Nikola Balnave and Dr Celia Briar Health Professionals and Support Services Award 2020 — evidence of Peter Ryan | Sydney |
| Fri, 6 Dec 2024 | Social, Community, Home Care and Disability Services Industry Award 2010 — evidence | Sydney |
| Mon, 9 Dec 2024 | Social, Community, Home Care and Disability Services Industry Award 2010 — evidence, including that of Associate Professor Natasha Cortis and Dr Megan Blaxland Children’s Services Award 2010 — evidence of Gemma Lewis | Sydney |
| Tue, 10 Dec 2024 | Pharmacy Industry Award 2020 — evidence of Michelle Lynch (morning) Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 — marking of evidence Health Professionals and Support Services Award 2020 — evidence | Melbourne |
| Wed, 11 Dec 2024 | Health Professionals and Support Services Award 2020 — evidence | Melbourne |
| Thu, 12 Dec 2024 | Health Professionals and Support Services Award 2020 — evidence | Melbourne |
| Fri, 13 Dec 2024 | Health Professionals and Support Services Award 2020 — evidence | Melbourne |
| Mon, 16 Dec 2024 | Health Professionals and Support Services Award 2020 — evidence | Melbourne |
| Tue, 17 Dec 2024 | Health Professionals and Support Services Award 2020 — evidence | Melbourne |
| Wed, 18 Dec 2024 | Health Professionals and Support Services Award 2020 — evidence | Melbourne |
| Thu, 19 Dec 2024 | All awards — closing submissions | Melbourne |
| Fri, 20 Dec 2024 | All awards — closing submissions | Melbourne |
A notice of listing formalising the hearing program will issue with this statement.
The number of witnesses required for cross-examination in relation to each award (noting that for this purpose joint authors of a statement or report are counted as one witness) is:
| Award | Matter no. | No. of witnesses |
| Pharmacy Industry Award 2020 | AM2024/19 | 1 |
| Health Professionals and Support Services Award 2020 | AM2024/20 | 32 |
| Social, Community, Home Care and Disability Services Industry Award 2010 | AM2024/21 | 1 |
| AM2024/25 | 3 | |
| AM2024/27 | 1 | |
| Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 | AM2024/22 | 0 |
| Children’s Services Award 2010 | AM2024/23 | 14 |
I direct as follows:
(1)Witnesses living in or near the city in which the Expert Panel is sitting are expected to attend the hearing in person to give their evidence.
(2)Parties interested in the Children’s Services Award 2010 (matter AM2024/23) are to confer and jointly file a document setting out:
(i)the order in which witnesses will be cross-examined within the dates allocated for this award; and
(ii)whether each witness will give evidence in person or by video link using Microsoft Teams
by 4:00 pm (AEDT) on Wednesday, 27 November 2024.
(3)Parties interested in the
(a)Pharmacy Industry Award 2020 (matter AM2024/19);
(b)Health Professionals and Support Services Award 2020 (matter AM2024/20); and/or
(c)Social, Community, Home Care and Disability Services Industry Award 2010 including the joint application by the Australian Municipal, Administrative, Clerical and Services Union, The Australian Workers’ Union, the Health Services Union and the United Workers’ Union, and the application by the Australian Municipal, Administrative, Clerical and Services Union (matters AM2024/21, AM2024/25 and AM2024/27)
are to confer and jointly file a document for each award setting out:
(i)the order in which witnesses will be cross-examined within the dates allocated for this award; and
(ii)whether each witness will give evidence in person or by video link using Microsoft Teams
by 4:00 pm (AEDT) on Friday, 29 November 2024.
(4)Parties are expected to appear in person as far as possible. Parties who are unable to appear in person must email my chambers (chambers.hatcher.j@fwc.gov.au) by 4:00 pm (AEDT) on Wednesday, 27 November 2024 to request details to appear by video link using Microsoft Teams. Parties who have already obtained permission to appear by video link will receive the Microsoft Teams meeting details in due course and are not required to email again.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR781455>
- AGLC
- Gender undervaluation - priority awards review [2024] FWC 3206
- Case
- [2024] FWC 3206
- Decision Date
CaseChat Overview and Summary
The Commission finalised the timetable for the hearing of these matters and provided directions regarding the order of witnesses. The Commission noted the number of witnesses required for cross-examination in each case and directed that witnesses living in or near the city of the hearing should attend in person. Parties were instructed to confer and jointly file documents outlining the order of cross-examination and the method of attendance for each witness by specified deadlines. The Commission emphasised that parties were expected to appear in person as much as possible and that those unable to do so should request details to appear by video link using Microsoft Teams.
In its directions, the Commission outlined specific requirements for the presentation of evidence and the order of witnesses in the hearings. The Commission set deadlines for the filing of witness order documents and instructed parties on the method of attendance for each witness. The directions ensured that the hearing process would be efficient and that all parties had an opportunity to present their evidence in an orderly manner.
The Fair Work Commission issued a formal notice of listing to formalise the hearing program and provided detailed directions for the conduct of the hearings, including the order of witnesses and the method of attendance. The Commission's directions aimed to ensure a structured and efficient hearing process, allowing all parties to present their evidence effectively.
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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