1
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, 8 APRIL 2019
4 yearly review of modern awards – Social, Community, Home Care and Disability Services
Industry Award 2010 – substantive issues.
[1] A number of substantive claims have been made to vary the Social, Community, Home
Care and Disability Services Industry Award 2010 (the SCHADS Award) as part of the 4
yearly review of modern awards (the Review). This Statement deals with a number of issues
relating to the substantive claims and the hearing dates which are currently listed for Friday
12 April 2019 with 15, 16, 17 and 18 April 2019 reserved (if necessary).
[2] On 3 April 2019 we issued a Statement1 addressing correspondence that had been
received from the Australian Industry Group (Ai Group) and Australian Business Industrial
(ABI). In short, that correspondence dealt with issues around whether or not it would be
appropriate to proceed with hearing all of the claims on 12 April 2019. The Statement also
provided a list of claims which we considered could be progressed with the current hearing
timetable. These matters were dealt with at a Mention before the President at 1.00 pm on 3
April 2019. A transcript of the Mention is available on the Commission’s website.
[3] The following parties attended the Mention:
United Voice;
Health Services Union (HSU);
Ai Group;
Australian Services Union (ASU);
ABI; and
National Disability Services (NDS).
1 Statement – [2019] FWCFB 2207.
[2019] FWCFB 2324
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2019fwcfb2207.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/030419_am201826.htm
[2019] FWCFB 2324
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[4] At the Mention2 the President invited comments from interested parties as to why the
claims listed in the Statement could not be heard at the hearing dates that are currently listed.
At the conclusion of the Mention, union parties were asked to confirm witness availability
and employer parties were asked to confirm which witnesses they sought to cross examine.
Correspondence in relation to timetabling and witness availability was received from the
ASU, HSU, Ai Group and ABI.
United Voice claims
[5] At the Mention, United Voice confirmed that the following claims could be heard on
the currently listed dates:
S44A – deletion or variation to 24 hour care clause;
S40 – consequential variation to the sleepover clause (arising from the deletion of
the 24 hour care clause (S44A));
S47 – variation to excursions clause;
S51 – variation to overtime clause; and
S57 – variation to public holidays clause.
[6] United Voice will not be leading any witness evidence in relation to the above claims.
HSU claims
[7] At the Mention, and in correspondence filed on 5 April 2019, the HSU advised that the
following claims could be heard on the currently listed dates:
S19 – first aid certificate renewal;
S43 – deleting the 24 hours care clause; and
S48 – Saturday and Sunday work (casual employees receiving casual loading in
addition to Saturday and Sunday rates).
[8] ABI advised the HSU that they wish to cross examine the following witnesses:
1. Mark Farthing
2. James Eddington
3. William Elrick
4. Robert Sheehy
[9] Ai Group advised they wish to cross examine Mark Farthing, and would require
approximately 30 minutes for this cross examination.
[10] The HSU confirmed that all of their witnesses are available on Wednesday 17 April
2019, and that it would prefer that its claims be heard on that day. The HSU also request that
William Elrick appear via videolink from Melbourne and James Eddington appear via
videolink from Hobart.
2 Transcript.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/030419_am201826.htm
[2019] FWCFB 1047
3
ASU claims
[11] At the Mention, the ASU advised it is ready to proceed with hearing its claim S6
(community language skills) and will call four witnesses. The ASU advised it had withdrawn
claim S7, which relates to coverage.
[12] In correspondence dated 5 April 20193 the ASU stated all four witnesses are available
on the morning of Tuesday 16 April and that it would prefer to have its evidence heard at that
time.
[13] Ai Group confirmed in correspondence dated 8 April 2019 that they intend to cross
examine all four ASU witnesses and would require approximately 30 minutes for each. ABI
confirmed that they wish to cross examine one ASU witness only, Ms Ruchita.
[14] In relation to the paid travel time claim, the ASU advised in their 5 April
correspondence that they support United Voice’s paid travel time claim and they adopt the
draft determination filed by United Voice on 1 April 2019. The paid travel time claim is listed
as an outstanding claim at Attachment B to this Statement.
Next steps
[15] The listing for Friday 12 April 2019 is vacated.
[16] The matter will be heard at 10.00 am on Monday 15 April 2019, Tuesday 16 April
2019 and Wednesday 17 April 2019 in Sydney. A draft programme for the hearing dates is
attached to this Statement (see Attachment A).
[17] Attachment B to this Statement sets out a list of claims that remain outstanding.
[18] Parties will be asked at the telephone Mention listed for 9.30 am Tuesday 9 April
2019 to comment on the draft programming for next week and the accuracy of the list of
outstanding claims.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR706645
3 Correspondence, 5 April 2019.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-corr-asu-050419.pdf
[2019] FWCFB 2324
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Attachment A – Programme for hearing dates: 15–17 April 2019
Monday 15 April 2019
10.00 am Procedural matters
10.30 am Submissions relating to United Voice claims:
S44A – deletion or variation to 24 hour care clause;
S40 – consequential variation to the sleepover clause
(arising from the deletion of the 24 hour care clause
(S44A));
S47 – variation to excursions clause;
S51 – variation to overtime clause; and
S57 – variation to public holidays clause.
Tuesday 16 April 2019
ASU witnesses
Time Witness name Location Cross examination
9.30 am Ms Ruchita (VC) Melbourne (via VC) Ai Group
ABI
10.30 am Nadia Saleh Sydney Ai Group
11.00 am Natalie Lang Sydney Ai Group
11.30 am Lou Bacchiella Sydney Ai Group
ASU submissions
2.00 pm Submissions relating to ASU claim S6: community language skills
[2019] FWCFB 1047
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Wednesday 17 April 2019
HSU witnesses
Time Witness name Location Cross examination
9.30 am Mark Farthing Sydney Ai Group
ABI
10.30 am Robert Sheehy Sydney ABI
11.00 am James Eddington Hobart (via VC) ABI
11.30 am William Elrick Melbourne (via VC) ABI
HSU submissions
2.00 pm Submissions relating to HSU claims:
S19 – first aid certificate renewal;
S43 – deleting the 24 hours care clause; and
S48 – Saturday and Sunday work (casual employees receiving
casual loading in addition to Saturday and Sunday rates)
[2019] FWCFB 2324
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Attachment B – List of outstanding claims
United Voice claims:
S2 – variation to ensure the payment of travel time for home care workers
S2A – variation to the clothing and equipment allowance
S3 – variation to the rosters clause
S19A – paid travel time
S21 – variation to telephone allowance
S37 – Broken shifts
S49 – variation to correct a cross-referencing error
Minimum engagements
HSU claims:
S16 – Amendments to various classification criteria
S19 and S20A – Phone allowance, travel allowance and damaged clothing allowance
S22 – On call and recall allowance
S24 – Payment of wages
S28 and S32 – Variation to ordinary hours of work and rostering clauses
S29 – Variation to client cancellation provisions
S35 – Deletion or variation of broken shifts clause
S38 – Amendments to sleepover clause
S45 – Excursions (new entitlement to additional annual leave for employees engaged in
excursions)
S50 – Variation to overtime clause
S54 – Variation to shift work clause
ASU claims:
S36 – Variation to broken shifts clause
ABI claims:
S5 – variation to include a ‘remote response payment’
S23 – On call allowance
S25 – ordinary hours of work
S29 – client cancellation
S53 – recall to work overtime
