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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 Award 2010
(AM2018/26)
JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMIISSIONER LEE MELBOURNE, 10 JULY 2020
4 yearly review of modern awards – Social, Community, Home Care and Disability Services
Industry Award 2010.
[1] On 15 June 2020 the HSU, on behalf of all of the unions involved in the above
proceedings, filed correspondence1 which attached a report by Dr Natasha Cortis and Dr
Georgia van Toorn titled “Working in new disability markets: A survey of Australia’s
disability workforce” (the May 2020 Report). The HSU states that the report is an updated
version of the June 2017 report, ‘Working under the NDIS: Insights from a survey of
employees in disability services’ which was considered during the proceedings and is included
at pages 3080-3128 of the Court Book and that as the May 2020 Report was published after
the hearing in the matter, it was not possible to bring it to the attention of the Commission at
the time of hearing.
[2] The HSU’s correspondence states:
‘The Unions have contacted the respondents in this matter, namely, Australian Business
Lawyers, Australian Industry Group, Australian Federation of Employers and
Industries and National Disability Services. The respondents have all indicated that
they oppose the report being considered by the Full Bench after the matter has been
heard and while the decision is reserved. The responses from each of the respondents
are also attached to this correspondence.
Despite these objections, we remain of the view that it is appropriate for the Full
Bench to consider the report. If the Full Bench is minded to consider accepting the
report, we consider that question might be addressed by giving the parties an
opportunity to make a written submissions as to that question. We would make
arrangements to have the report’s authors available for cross-examination if required.’
1 HSU correspondence, 15 June 2020.
[2020] FWCFB 3634
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-corr-hsu-abi-andors-150620.pdf
[2020] FWCFB 3634
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[3] On 7 July 2020 we issued a Statement2 stating the issues raised in the HSU’s
correspondence would be listed for mention.
[4] A mention was held on 9 July 2020 at 10:00am. The following parties attended:
Australian Federation of Employers and Industry;
Australian Municipal, Administrative, Clerical and Services Union;
Ai Group;
ABI, NSWBC, Aged and Community Services Australia and Leading Age Services
Australia;
HSU; and
National Disability Services.
[5] The transcript of the mention is available here.
[6] We have decided to allow the May 2020 report to be admitted into evidence and make
the following Directions:
1. By 4pm Monday, 20 July 2020, the union parties are to file submissions setting
out:
(i) the parts of the May 2020 Report on which they rely;
(ii) the findings sought on the basis of the parts of the May 2020 Report on
which they rely; and
(iii) the claims to which the findings sought relate.
2. By 4pm Monday, 10 August 2020, the employer parties are to file:
(i) submissions and any evidentiary material in response to the submissions
made by the unions pursuant to Direction 1;
(ii) any additional reports, data or other material by way of updating material
already filed; and
(iii) a notification of whether they wish to cross-examine the authors of the
May 2020 Report.
3. By 4pm Monday, 24 August 2020, the union parties are to file submissions in
reply to the material filed by the employers pursuant to Direction 2.
2 [2020] FWCFB 3557.
https://www.fwc.gov.au/sites/awardsmodernfouryr/20200709_am201826.htm
[2020] FWCFB 3634
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4. All submissions and material are to be filed to amod@fwc.gov.au in PDF and word
format.
5. Liberty to apply.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR720899
mailto:amod@fwc.gov.au
