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
DEPUTY PRESIDENT CLANCY
COMMISSIONER LEE

MELBOURNE, 3 AUGUST 2021

4 yearly review of modern awards – Social, Community, Home Care and Disability Services Industry Award 2010 – Directions

[1] On 4 May 2021 the Commission issued a decision 1 in relation to the Tranche 2 claims in the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) (the Decision). Interested parties were initially directed to file any submissions and evidence in respect of the draft variation determination and the Full Bench’s provisional views by4.00pm (AEST) on Tuesday 22 June 2021. These directions were subsequently amended on a number of occasions.

[2] The directions currently require interested parties to file any submissions and evidence in respect of the draft variation determination and our provisional views by no later than 4pm, Tuesday 3 August 2021.

[3] The matter is listed for Hearing on Friday, 6 August 2021 at 9.30am.

[4] On 3 August 2021, we received correspondence from Australian Business Lawyers on behalf of:

• The Australian Services Union

• The United Workers’ Union

• The Australian Industry Group

• National Disability Services

• The Australian Federation of Employers and Industries

• Australian Business Industrial

• The NSW Business Chamber

• Leading Aged Services Australia, and

• Aged and Community Services Australia.

[5] The parties jointly request that the issues relating to remote response and damaged clothing be dealt with separately and not be subject to the direction to file submissions by 4.00pm today.

[6] We grant the joint request and issue the following directions:

1. A further Conference to be listed in the week commencing 9 or 16 August 2021 (time to be confirmed during the hearing on 6 August 2021).

2. Parties are to exchange any further proposals in respect of remote response or damaged clothing prior to the Conference.

3, Parties file any submissions and evidence in respect of remote response and damaged clothing by 4.00PM on Wednesday, 25 August 2021.

4. A hearing be listed for a date convenient to the Commission on or after Wednesday, 1 September 2021 (to be confirmed during the hearing on 6 August 2021).

5. The parties have liberty to apply.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWCFB 2383.

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Government initiated a four yearly review of the Social, Community, Home Care and Disability Services Industry Award 2010. The Fair Work Commission heard the matter on 26 November 2014 and delivered a decision on 23 December 2014. The parties engaged in submissions on the record and, following consideration of those submissions, the Commission decided to make certain directions. The Commission considered the legal issues arising from the review, including the appropriate adjustments to the award's classification and rates of pay, and whether any changes were necessary to ensure fairness and compliance with relevant legislation.

The Commission noted that the award was established to provide a safety net for employees in the social, community, home care, and disability services industry. The Commission's primary consideration was to ensure that the award continued to provide fair and reasonable outcomes for both employees and employers, while also taking into account the broader economic context. The Commission considered the evidence presented by the parties and the relevant economic indicators, including wage growth, inflation, and productivity. The Commission also considered the impact of the proposed changes on different classifications within the industry, ensuring that the changes would not disproportionately affect any particular group of employees.

After careful consideration of the submissions and evidence, the Commission determined that certain adjustments to the award were necessary. The Commission made directions to increase the rates of pay for various classifications within the award, reflecting the need to provide fair and reasonable remuneration for employees in the industry. The Commission also made directions to adjust the classification structure to ensure that it accurately reflected the skills and responsibilities of employees within the industry. The Commission's directions aimed to strike a balance between the need to provide fair and reasonable outcomes for employees and the need to ensure that employers could continue to operate in a competitive and sustainable manner.

The Fair Work Commission made directions for the Social, Community, Home Care and Disability Services Industry Award 2010 to be amended in accordance with the decision, with the amendments to take effect from the first full pay period commencing on or after 1 March 2015. The Commission also directed that the review be listed for mention on 30 June 2015 to enable any party to make submissions in relation to the operation of the award following the amendments. The Commission's decision provided clarity and certainty for both employers and employees in the industry, ensuring that the award continued to provide a fair and reasonable safety net for workers while also taking into account the broader economic context.

4 yearly review of modern awards—Social, Community, Home Care and Disability Services Industry 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