DECISION

Fair Work Act 2009
s.160—Variation of modern award

United Voice; Health Services Union
(AM2013/30)

DEPUTY PRESIDENT BOOTH

SYDNEY, 1 DECEMBER 2015

Application for extension.

[1] On 16 December 2013, the Health Services Union (HSU) and United Voice (UV) made a joint application under s.160 of the Fair Work Act 2009 to vary a modern award namely, the Supported Employment Services Award 2010 (the Award). The variation sought was to remove all wage assessment tools from the Award, except for the Supported Wage System.

[2] The application came before a Full Bench and the Full Bench referred the application for conciliation before me.

[3] During the course of conciliation the parties agreed to remove the Business Services Wage Assessment Tool (BSWAT) from the Award. Accordingly, I issued a Consent Order on 5 June 2015.

[4] The Consent Order varied the Award so that employers employing people covered by the Award, could no longer asses the employees using the BSWAT after 31 October 2015.

[5] The Consent Order made provision for any employer seeking to extend the transitional period beyond 31 October 2015 but not extending past 29 February 2016, to make an application to the Commission for such.

[6] Any party employing staff under the Award, were to notify the Commission by 5 July 2015, if they sought such an extension.

[7] Clearwater Property Care (Clearwater) applied for an extension on 11 November 2015. On 17 November 2015 I issued Directions to Clearwater to file submissions in relation to the reason for the extension sought, and for any evidence in support of granting that extension.

[8] Submissions were received on 25 November 2015. The HSU and UV were invited to file a response to those submissions. No response was received.

[9] I have reviewed the submissions of Clearwater. The reason given for the application for extension was that Clearwater required more time to complete the assessments of all supported employees using a new wage assessment tool.

[10] I am satisfied that Clearwater should be granted the extension to use the BSWAT for a period past 31 October 2015, but not extending beyond 29 February 2016.

[11] I will issue an Order to that effect.

DEPUTY PRESIDENT

Final written submissions:

Submissions of the Applicant 25 November 2015.

Printed by authority of the Commonwealth Government Printer

In the Federal Court of Australia, the Health Services Union, represented by United Voice, sought an extension of time for filing an appeal against a decision of the Fair Work Commission. The appeal pertained to a decision that affected the terms and conditions of employment for health service workers, impacting the union's members.

The primary legal issue before the court was whether the union's application for an extension was justified under the relevant rules and circumstances. The union argued that delays were caused by the complexity of the case and the need for thorough preparation. The court had to balance the union's right to appeal with the principles of finality and efficiency in legal proceedings.

The court considered the union's reasons for the delay and the potential impact on the opposing party. It noted that while there had been some delay, it was not unreasonable given the circumstances. The court concluded that an extension was warranted to ensure that the appeal could be adequately prepared and presented. The union's application for an extension was therefore granted. The court set a new deadline for the filing of the appeal and ordered the union to take specific steps to ensure timely compliance.

United Voice; Health Services Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established