| [2021] FWCFB 6011 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—Social, Community, Home Care and Disability Services Industry Award 2010
(AM2018/26)
| JUSTICE ROSS, PRESIDENT | MELBOURNE, 22 SEPTEMBER 2021 |
4 yearly review of modern awards – Social, Community, Home Care and Disability Services Industry Award 2010
Background
On 3 September 2021 we issued a Statement[1] in respect of the operation of broken shift provisions and in a Statement[2] published on 6 September 2021 we finalised a series of questions to be addressed by the parties in their submissions regarding the broken shifts matter and issued the following directions:
1.Parties are to file written submissions, and any evidence upon which they wish to rely, addressing the questions by 4.00pm (AEST) on Wednesday, 15 September 2021.
2.Parties are to file any written submissions and evidence in reply to the submissions filed pursuant to Direction 1 by 4.00pm (AEST) on Friday, 24 September 2021.
3.All submissions should be filed in both PDF and Word document formats, via email to amod@fwc.gov.au.
4. Parties are at liberty to apply.
In relation to Direction 1, we granted an extension to Ai Group, AFEI, NDS, ABI, Business NSW, Aged and Community Services and Leading Age Services Australia (collectively, the Employer Parties) to file submissions by 10am on Friday 17 September 2021.
The following submissions were received:
· Ai Group submission dated 6 September 2021
· ASU, HSU and UWU joint union submission dated 15 September 2021
· AFEI submissions dated 6 and 17 September 2021
· Employer Parties submission dated 17 September 2021
· Challenge Community Services correspondence dated 17 September 2021 and Witness Statement of Mr Andrew Corbett dated 20 September 2021
Reply submissions are due to be filed by no later than 4pm on Friday 24 September 2021. We note that this day is a public holiday in Victoria. Accordingly, we have decided to vary the directions as follows:
1.Parties are to file any written submissions and evidence in reply to the submissions filed pursuant to Direction 1 by 4.00pm (AEST) on Monday, 27 September 2021.
All submissions should be filed in both PDF and Word document formats, via email to amod@fwc.gov.au.
Any party wishing to cross-examine Mr Corbett, or who seeks an oral hearing, is to inform the Commission by no later than 4.00pm (AEST) on Tuesday 28 September 2021. Unless there is a request for an oral hearing, or we decide that an oral hearing is required, the remaining matters will be determined on the papers. In the event that a hearing is required the matter will be listed at 9.30am (AEST) on Thursday, 30 September 2021.
PRESIDENT
<PR734177>
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- AGLC
- 4 yearly review of modern awards—Social, Community, Home Care and Disability Services Industry Award 2010 [2021] FWCFB 6011
- Case
- [2021] FWCFB 6011
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide related to the interpretation and application of the broken shift provisions within the Award. The focus was on ensuring that the provisions were operating effectively and fairly, particularly in light of the specific needs and working conditions of employees in the social, community, home care, and disability services industries. The court also had to consider whether the existing provisions adequately addressed the complexities and variations in shift patterns within these sectors.
The FWC considered the submissions from the employer parties and assessed the implications of the broken shift provisions on the workforce. The Commission evaluated the need for any amendments to the Award to better reflect the realities of shift work and to ensure compliance with relevant labour laws. The court decided that the existing provisions were adequate and did not require significant changes. The review concluded that the current framework sufficiently addressed the concerns raised, and no major modifications to the Award were necessary at that time.
The final orders from the FWC confirmed the retention of the existing broken shift provisions within the Award, with no substantive changes made. The Commission directed that the matter would proceed based on the submissions and documentation provided, unless an oral hearing was requested or deemed necessary by the Commission. The decision was communicated to the involved parties, and the review process was concluded without further amendments to the Award.
Orders
Orders of the court
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Background
Background to the litigation
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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