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Fair Work Act 2009
s.158—Application to vary or revoke a modern award
Aged Care Award 2010
(AM2020/99 and AM2021/63)
Nurses Award 2020
(AM2021/63)
Social, Community, Home Care and Disability Services Industry Award 2010
(AM2021/65)
DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT O’NEILL
COMMISSIONER BISSETT BRISBANE, 23 NOVEMBER 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 – Next
Steps – Stages 2 and 3 – Variation to Directions.
[1] On 17 November 2022, the Full Bench issued a Statement in relation to Stage 2 and
Stage 3 of these proceedings.
[2] A Mention was conducted before the Full Bench on Tuesday, 22 November 2022. In
accordance with the Statement issued on 17 November 2022, the views of the parties were
canvassed in relation to the Full Bench’s provisional view as to the programming, set out in our
17 November 2022 Statement at [11].
[3] As we also set out in our 17 November 2022 Statement, Stage 2 of these proceedings
will consider submissions and evidence in relation to:
the timing and phasing in of the interim increase to modern award minimum wages
applicable to direct care workers, including the appropriateness and application of the
principles canvassed at paragraphs [974]-[990] in the November 2022 decision;
whether making the interim increases to modern award minimum wages applicable to
direct care aged care employees in these proceedings is necessary to achieve the
modern awards objectives and the provisional views outlined at [1001]-[1072] in the
November 2022 decision; and
[2022] FWCFB 214
STATEMENT
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/work-value-aged-care/decisions-statements/2022fwcfb208.pdf
[2022] FWCFB 214
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Whether the interim increases to modern award minimum wages applicable to direct
care aged care employees are necessary to achieve the minimum wages objective and
the provisional views outlined at [1073]-[1083] in the November 2022 decision.
[4] Stage 3 will consider submissions and evidence related to the classification definitions
and structures in the modern awards subject of the Applications and will consider submissions
and evidence in relation to whether wage adjustments are justified by work value reasons for
employees not dealt with in Stage 1.
[5] Stage 3 will also consider whether further wage adjustments are justified by work value
reasons for direct care workers granted interim increases in Stages 1 and 2.
[6] It was agreed at the Mention on Tuesday 22 November 2022, that the provisional view
expressed by the Full Bench as to programming for Stage 2 would be amended in terms of dates
by which submissions and evidence is to be filed. The amended dates and other consequential
amendments, are as follows:
1. The Commonwealth to file submissions or evidence regarding the matters set out at
paragraph [3] above and, if relevant, paragraph [10] of the 17 November 2022 Statement
(consultation in respect of increases to minimum wages for Head Chefs/Cooks and
Recreational Activities Officers/Lifestyle Officers), by 5pm Friday 16 December 2022
(AEDT).
2. The Applicant Unions, Joint employers and other interested parties to file submissions
and evidence regarding the matters set out at paragraph [3] and, if relevant, paragraph
[10] of the 17 November 2022 Statement (consultation in respect of increases to
minimum wages for Head Chefs/Cooks and Recreational Activities Officers/Lifestyle
Officers), by 5pm Friday 20 January 2023 (AEDT).
3. All parties to file any submissions and evidence in reply by 5pm Thursday
9 February 2023 (AEDT).
4. The matters will be listed for Hearing (if required) in Melbourne at 10am Monday
13 February 2023 (AEDT).
[7] The programming of the matters for Stage 3, set out at paragraphs [13] and [14] of the
17 November 2022 Statement, is confirmed. Accordingly, the Commission will publish a
background document regarding outstanding issues in mid to late December 2022.
[8] The parties are directed to have discussions to attempt to narrow the further issues to be
determined and to report back to the Full Bench by the end of February 2023.
[9] As we have previously observed, it has been the longstanding practice of the
Commission and its predecessors to determine the matters before it on the basis of the existing
legislative framework and not otherwise.1 We note that the Fair Work Legislation Amendment
(Secure Jobs, Better Pay) Bill 2022 is currently before the Australian Parliament and that if the
Bill is passed as currently drafted, the provisions contained therein may affect these
1 [2014] FWCFB 3500 at [299].
[2022] FWCFB 214
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proceedings. Should legislative change come into force at a time which affects the timetable
finalised after the Mention on 22 November 2022, parties are at liberty to apply for further
amendment.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR748207
AL OF THE FAIR WORK COMMISSION THE
