| [2022] FWCFB 89 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
Aged Care Award 2010
(AM2020/99)
Nurses Award 2020
(AM2021/63)
Social, Community, Home Care and Disability Services Industry Award 2010
(AM2021/65)
| JUSTICE ROSS, PRESIDENT | MELBOURNE, 6 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 – further amended directions.
On 2 June 2022, the Commonwealth wrote to the Commission to advise that it wished to be heard in the proceedings and anticipated that it would require additional time in order to file its submissions.
A Mention was listed for Monday 6 June 2022. In advance of the Mention, parties were directed to discuss any proposed variation to the timetable. Prior to the Mention, the HSU provided proposed amended directions.
At the Mention, it was generally agreed that the Directions would be varied in accordance with the HSU’s proposed directions.
The further amended Directions are as follows:
1. The parties will file closing written submissions regarding the evidence by 4pm on Friday 22 July 2022.
2. The parties will file submissions in reply regarding the evidence by 4pm on Monday 8 August 2022.
3. The Commonwealth will file written submissions by 4pm on Monday 8 August 2022.
4. The parties will file submissions in reply to the Commonwealth’s written submissions by 4pm on Wednesday 17 August 2022.
5. The matter will be listed for oral hearing on:
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.
6. Submissions to be filed in both word and PDF formats to amod@fwc.gov.au.
7. Liberty to apply.
The transcript of the proceedings on the 24 and 25 August 2022 will be expedited.
PRESIDENT
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- AGLC
- Aged Care Award 2010 [2022] FWCFB 89
- Case
- [2022] FWCFB 89
- Decision Date
CaseChat Overview and Summary
The central legal issue before the FWC was the determination of the work value of certain classifications within the mentioned awards. The Commission was tasked with considering the applications and the evidence provided by the parties, including the Commonwealth, to decide whether the awards should be varied. The process involved multiple stages of written submissions, with specific deadlines set for the filing of evidence, reply submissions, and the Commonwealth’s submissions.
In response to the Commonwealth’s request for additional time, the FWC varied the directions to accommodate the need for more time to file and respond to submissions. The new directions stipulated specific deadlines for the filing of written submissions, with a focus on expediting the transcript of the proceedings. The oral hearing was scheduled for 24 and 25 August 2022 in Melbourne and 1 September 2022 in Sydney, with additional days reserved for contingencies. The submissions were to be filed in both Word and PDF formats and sent to the specified email address. The decision granted liberty to apply and emphasised the need for efficient handling of the proceedings.
The FWC issued further amended directions to manage the timeline for the submissions and hearings in the award variation applications. The specific deadlines for the filing of submissions were set, and the oral hearing dates were confirmed. This decision ensured that all parties had a clear understanding of the procedural requirements and the expected timeline for the resolution of the applications.
Orders
Orders of the court
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Background
Background to the litigation
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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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