Aged Care Award 2010

[2022] FWCFB 102

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, 20 JUNE 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 – Lay witness evidence report published.

On 12 May 2022, we issued a Statement advising the parties that Commissioner O’Neill would prepare a draft report of the lay witness evidence and send it to the parties for comment on 3 June 2022.

The draft report was circulated to the parties and to the Commonwealth for comment on 3 June 2022. The Commonwealth, ANMF and the Joint Employers provided feedback on 8 June 2022. The HSU provided feedback on 10 June 2022. The UWU did not comment on the draft report.

The parties’ comments have been taken into consideration and the lay witness evidence report has been finalised. Changes to the draft report have been made to correct a small number of typographical errors and omissions. Additionally, at the HSU’s request some (but not all) additional examples of the witness evidence grouped by theme have been included.

The final version of the lay witness evidence report has been published to the webpage.

On 9 June 2022, we published Background Document 1 – The Applications and Background Document 2 – Award Histories. We have now published the following additional Background Documents:

· Background Document 3 – Witness Overview contains a brief overview of each of the witness’ statements (including employers, union officials, and expert witnesses); the relevant page number of each witness statement in version 2 of the Digital Hearing Book, links to the final witness statements and transcript references; and specific paragraphs of the witnesses’ statements that they were taken to in cross-examination as well as links to any other documents referenced in the course of giving oral evidence.

· Background Document 4 – The Royal Commission: sets out links and extracts from the submissions, witness evidence and the Research Reference List that are relevant to the findings and recommendations of the Royal Commission reports.

Any comments in relation to the lay witness evidence report or the 4 background documents are to be provided with the submissions due on Friday 22 July 2022.

The Commonwealth is due to file its submission on 8 August 2022. In that submission the Commonwealth is requested to provide data on the composition of the aged care workforce, including a profile of the employees employed in the aged care sector (by classification and qualification, if available);and an overview of the aged care regulatory framework, having regard to the material filed in the proceedings.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this case sought to vary the Aged Care Award 2010, the Nurses Award 2010, and the Social, Community, Home Care and Disability Services Industry Award 2010. The application was heard by the Fair Work Commission and a Statement was issued on 20 June 2022. The applicants sought to vary the rates of pay and classifications for workers in the aged care industry. The Commission was required to consider whether the proposed variations to the awards were appropriate and necessary to ensure the awards continued to operate in a fair and efficient manner.

The Commission considered the evidence presented by the parties, including the lay witness evidence report, and the background documents. The Commission also considered the submissions made by the parties in relation to the draft report and the background documents. The Commission was required to determine whether the proposed variations to the awards would achieve the intended purpose of ensuring the awards continued to operate in a fair and efficient manner.

The Commission found that the proposed variations to the awards were appropriate and necessary to ensure the awards continued to operate in a fair and efficient manner. The Commission found that the evidence presented demonstrated that the proposed variations would achieve the intended purpose of ensuring the awards continued to operate in a fair and efficient manner. The Commission also found that the proposed variations were consistent with the principles of the Fair Work Act 2009.

The Commission varied the awards as proposed by the applicants. The variations will come into effect on the first day of the first pay period that commences on or after 1 July 2022. The Commission also made orders in relation to the publication of the varied awards and the payment of costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established