[2022] FWCFB 248
The attached document replaces the document previously issued with the above code on 23
December 2022.
Reference to the directions in paragraph [2] has been changed to refer to the amended directions
of 6 December 2022. Matter numbers have also been corrected.
Modern Awards Team
Dated 29 December 2022
1
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 DECEMBER 2022
Applications to vary modern awards – work value – background document 10 published –
classification structures in Aged Care Award, SCHADS Award, Nurses Award – claims,
submissions and key issues arising.
[1] On 17 November, we issued a statement in relation to the programming of stages 2 and
3 of these proceedings.1 We foreshadowed that to assist with the undertaking of Stage 3, we
intended to publish a Background Document regarding the outstanding issues in mid to late
December.
[2] On 22 November 2022, a Mention was held before the Full Bench in relation to the
programming of the proceedings. Following the Mention, a further Statement was published on
23 November 2022 amending the directions in relation to Stage 2 of the proceedings.2 The
directions were further amended on 6 December 2022, and these remain the current directions.3
[3] The Commission has prepared Background Document 10 – Stage 3 outstanding issues
that will be published with this statement.
[4] Background Document 10 sets out, amongst other things, a summary and comparison
of the HSU’s and ANMF’s applications to change the classification structures in the Aged Care
Award 2010 and Nurses Award 2020, principles underpinning classification structures and key
issues arising in relation to the proposed changes to classification structures.
1 [2022] FWCFB 208.
2 [2022] FWCFB 214.
3 Amended Directions of 6 December 2022.
[2022] FWCFB 248
STATEMENT
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/sites/work-value-aged-care/listings-directions/am202099-dirs-061222.pdf
[2022] FWCFB 248
2
[5] The Background Document sets out a number of questions for the parties, which for the
purposes of responses, includes the Commonwealth.
[6] Parties should file their responses to the questions by no later than 5 pm Thursday 9
February 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR749256
AL OF THE FAIR WORK COMMISSION THE