[2021] FWCFB 4863
The attached document replaces the document previously issued with the above code on 9
August 2021.
At paragraph [7] the date to file submissions in reply has been amended to read ‘Monday 30
August 2021’.
Associate to President Justice Ross AO
Dated 10 August 2021
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, 9 AUGUST 2021
4 yearly review of modern awards – Social, Community, Home Care and Disability Services
Industry Award 2010
[1] On 4 May 2021 the Commission issued a decision1 in relation to the Tranche 2 claims
in the Social, Community, Home Care and Disability Services Industry Award 2010
(SCHADS Award) (the Decision).
[2] Interested parties were to file any submissions and evidence in respect of the draft
variation determination and our provisional views by no later than 4.00pm, Tuesday 3
August 2021.
[3] On 3 August 2021 we received correspondence from Australian Business Lawyers on
behalf of a number of employer and union parties. The parties jointly requested that the issues
relating to remote response and damaged clothing be dealt with separately and not be subject
to the direction to file written submissions by 4pm that day and that a conference be convened
in respect of these issues. In a Statement published on 3 August 2021 we granted that request.
[4] The conference in respect of remote response and damaged clothing will take place at
9.30am (AEST) on Thursday, 19 August 2021 before Deputy President Clancy. Parties are
directed to exchange any further proposals in respect of remote response or damaged clothing
and to file those proposals with the Commission by no later than 4.00pm (AEST) on
Tuesday 17 August 2021.
[5] During the course of the proceedings on 6 August 2021 a broad consensus emerged
that aspects of the broken shift issue could not be determined to finality on that day; we agree.
[6] The following matters in respect of the broken shift issue are to be the subject of a
further opportunity to file submissions and evidence:
1 [2021] FWCFB 2383.
[2021] FWCFB 4863
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb2383.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb4716.htm
[2021] FWCFB 4863
2
1. NDS’ proposal that the first sentence of clause 25.6 of the draft variation
determination be amended to read:
‘This clause only applies to day workers who are social and community service
employees when undertaking disability services work and home care
employees.’
2. NDS’ proposal that clause 25.6(d) of the draft variation determination be
amended to read:
‘Payment for a broken shift will be at ordinary pay with weekend and overtime
penalty rates, including for time worked outside the span of hours, to be paid in
accordance with clauses 26 and 28.’
3. The ASU proposal that clause 25.6(d) of the draft variation determination be
amended as follows:
‘Payment for a broken shift will be at ordinary pay with shift, weekend, public
holiday, and overtime, penalty rates to be paid in accordance with clauses 26,
and 28, 29 and 34.’
4. The ASU proposal that, in the absence of a provision for paid travel time, the
SCHADS Award should provide a clear statement that employees must not be
required to travel between work locations during their meal breaks and that
overtime should be payable until an employee is allowed a meal break free from
travel.2 The ASU has filed a draft determination in respect of this issue.
[7] Any submissions and evidence in respect of remote response, damaged clothing and
the particular issues set out in [6] above are to be filed by no later than 4pm (AEST) on
Wednesday, 25 August 2021. Any submissions and evidence in reply are to be filed by no
later than 4pm (AEST) on Monday 30 August 2021.
[8] The hearing in respect of these matters will take place at 9:30am (AEST) on
Wednesday 1 September 2021.
[9] All submissions are to be submitted to amod@fwc.gov.au and are to be filed in both
word and PDF formats.
[10] We are conscious of the need to provide certainty in respect of the nature of the award
variations to be made and to do so as quickly as possible. In making these directions we wish
to emphasise the confined nature of the final stage of these proceedings. The submissions and
evidence to be filed in accordance with the above directions is to be confined to the
provisional views we expressed in respect of these issues in the May 2021 Decision and the
particular matters mentioned in [6] above. Background Papers in respect of the remote
response and damaged clothing matters have been published.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
2 ASU submission 3 August 2021 at para. [41].
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-background-paper-2-090821.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-background-paper-1-090821.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-background-paper-1-090821.pdf
mailto:amod@fwc.gov.au
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201826-sub-asu-090821.pdf
[2021] FWCFB 4863
3
PR732616
