Aged Care Award 2010

[2022] FWCFB 159

[2022] FWCFB 159

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.158—Application to vary or revoke a modern award

Aged Care Award 2010

(AM2020/99, AM2021/63, AM2021/65)

Nurses Award 2010

(AM2021/63)

Social, Community, Home Care and Disability Services Industry Award 2010

(AM2021/65)

Aged care industry
JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT ASBURY COMMISSIONER O’NEILL	MELBOURNE, 22 AUGUST 2022

Applications to vary modern awards – work value – Aged Care Award 2010 – Nurses Award 2020 – Social, Community, Home Care and Disability Services Industry Award 2010 – Background Documents 6, 7 & 8 published.

1. On 5 August 2022, the Commission published Background Document 5, which set out:

·  The parties’ responses to the provisional views set out in the Statement dated 9 June 2022.[1]

·  The answers to the questions posed in Background Documents 1 and 2.

·  Main points of agreement between the parties.

·  Main points of contention between the parties.

1. Background Document 5 also posed a number of additional questions to the parties. The answers to those questions were to be filed with the submissions due on Friday 19 August 2022.

1. On 8 August 2022, the Commonwealth filed a submission.

1. On 17 August 2022, submissions in reply to the Commonwealth’s submission were filed by:

·  Health Services Union (HSU)

·  Aged & Community Services Australia (ACSA), Leading Age Services Australia (LASA) and Australian Business Industrial (ABI) (collectively the Joint Employers)

[5]       The Australian Nursing and Midwifery Federation (ANMF) filed both its submissions in reply to the Commonwealth, closing submissions in reply and responses to the questions posed in Background Document 5, on 17 August 2022.

1. The UWU advised that it did not intend to file a submission in reply to the Commonwealth.

1. On 19 August 2022, parties filed submissions in reply to the closing submissions and responses to the questions posed in Background Document 5. Submissions were received from the following:

·  HSU

·  UWU

·  Joint Employers  

1. Three further Background Documents have been prepared and are published with this statement:

Background Document 6 summarises the Commonwealth’s submissions and the parties’ submissions in reply to the Commonwealth.

Background Document 7 sets out the parties’ submissions in relation to the modern awards objective.

Background Document 8: summarises the closing submissions in reply and the answers to the questions posed in Background Document 5.

1. The matter is listed for oral hearing as follows:

   a.   24 and 25 August 2022 for submissions by the Applicants and the Commonwealth to be held in person in at the Commission’s Melbourne office.

   b.   1 September 2022 (with 2 September reserved) for submissions by ABI, ACSA and LASA and reply submissions to be held in person at the Commission’s Sydney office.

2. Background Documents 6, 7 and 8 pose a number of additional questions for the parties. The Applicants are to respond to these questions at the oral hearing on 24 and 25 August 2022. The Commonwealth and the Joint Employers are to respond to the additional questions, in writing, by no later than 4pm on Monday 29 August 2022.

PRESIDENT

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[1] [2022] FWCFB 94.

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