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, 13 JANUARY 2023
Applications to vary modern awards – work value – Aged Care Award 2010 – Nurses Award
2020 – Social, Community, Home Care and Disability Services Industry Award 2010 –
request for extension of time – responses to Background Document 10 – new directions
issued.
[1] In a Statement published on 17 November 2022, we expressed a provisional view as to
the programming of Stage 2 and invited parties to provide comments at a mention held on 22
November 2022.1 Following that mention the directions for Stage 2 were amended in terms of
dates by which submissions and evidence were to be filed.2 The directions were further
amended on 6 December 20223 following correspondence from the ANMF.4 These remain the
current directions.
[2] On 23 December 2022, we published Background Document 10 – Stage 3 outstanding
issues. 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 Statement [2022] FWCFB 208.
2 Statement [2022] FWCFB 214.
3 Amended Directions dated 6 December 2022.
4 Correspondence from the ANMF dated 5 December 2022.
[2023] FWCFB 5
STATEMENT
AUSTRALIA FairWork Commission
[2023] FWCFB 5
2
[3] Background Document 10 poses a number of questions for the parties. Parties were
directed to file their responses to the questions by no later than 5pm Thursday 9 February 2023.5
[4] On 9 January 2023, the ANMF wrote to the Commission and applied to vary the
directions to extend the date for parties to respond to the questions in Background Document
10 to 28 February 2023.6 The HSU and the Commonwealth supported the ANMF’s
application.7 The Joint Employers did not oppose the application.8
[5] We have decided to grant the extension in the terms sought. For completeness, we have
consolidated the directions with respect to Stage 2 so that it includes the 6 December
amendment and the amendment with respect to Background Document 10. The consolidated
directions are published with this statement.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR749584
5 [2022] FWCFB 248.
6 Correspondence from the ANMF dated 9 January 2023.
7 Correspondence from the HSU dated 10 January 2023; correspondence from the Commonwealth dated 13 January 2023.
8 Correspondence from the Joint Employers dated 12 January 2023.
AL OF THE FAIR WORK COMMISSION THE
