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Fair Work Act 2009
s.156 - 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 APRIL 2019
4 yearly review of modern awards - Social, Community, Home Care and Disability Services
Industry Award 2010
[1] This statement addresses correspondence from Ai Group and ABI regarding the
programming of this matter. Some of the procedural history relating to the substantive claims
to vary this award is set out in ABI’s correspondence.
[2] The substantive claims are currently listed for hearing on Friday 12 April, with 15, 16,
17 and 18 April 2019 reserved (if required). Ai Group requests that the matter be called on
urgently for a further mention to consider whether alternative dates be set in light of material
filed by United Voice on 1 April 2019 and other matters. In short, Ai Group contends that in
view of recent developments it will not be appropriate to proceed with hearing all of the
current claims on 12 April 2019.
[3] ABI has indicated that it wishes to pursue the claims set out in a draft determination
attached to their correspondence of 2 April 2019 and seeks to directions for the programming
of these claims.
[4] The matters raised by Ai Group and ABI will be dealt with at a mention before the
President at 1pm today. We direct the parties’ attention to the comments below.
[5] Taking into account the history of this matter, it seems to us that the change in the
status of the draft consent determination has led to uncertainty as to the status of some of the
clauses being pressed.
[6] While we accept that this will have an impact on the scheduled proceedings, and will
lead to the deferral of the consideration of some claims, it is apparent that a significant
number of matters can still be progressed consistent with the current timetable, as they are not
impacted by the apparent change in status of the draft consent determination. The matters in
this category include:
(i) United Voice Claims
[2019] FWCFB 2207
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-corr-corrinreply-fwc-180319.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-corr-aig-020419.pdf
[2019] FWCFB 2207
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S2A Variation to the closing and equipment allowance (uniforms)
S21 Variation to telephone allowance
S44A Deletion or variation to 24 hour care clause
S47 Variation to excursions clause
S51 Variation to overtime clause
S57 Variation to Public Holidays Clause
(ii) Health Services Union of Australia (HSU) Claims
S50 Saturday and Sunday work
S43 deleting the 24 hours care clause
(iii)Australian Municipal, Administrative, Clerical and Services Union (ASU) claims
S6 Community language skills
S7 Coverage clause
[7] At the Mention later today, parties will be asked to express a view as to why these
matters cannot be progressed under the current timetable.
PRESIDENT
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