1
Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
Gender undervaluation – priority awards review
(AM2024/19, AM2024/20, AM2024/21, AM2024/22, AM2024/23)
JUSTICE HATCHER, PRESIDENT
VICE PRESIDENT ASBURY
DEPUTY PRESIDENT O’NEILL
DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON
SYDNEY, 28 OCTOBER 2024
Gender-based undervaluation – priority awards – Commission’s own motion – Children’s
Services Award 2010 – Social, Community, Home Care and Disability Services Industry Award
2010 – Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal
Community Controlled Health Services Award 2020 – Health Professionals and Support
Services Award 2020 – Pharmacy Industry Award 2020 – request for research.
[1] On 11 October 2024, we issued a Statement expressing a provisional view that the
Commission should obtain and publish the data requested by the Australian Council of Trade
Unions (ACTU) on 4 October 2024 to the extent that we are able to do so, and invited parties
to comment.1
[2] Comments were received from only two parties. The ACTU supported the provisional
view.2 Correspondence from lawyers acting for the Australian Private Hospitals Association,
Catholic Health Australia, Day Hospitals Australia, Healthscope Operations and Adelaide
Community Healthcare Alliance did not oppose the Commission undertaking the research,
provided that parties had sufficient time to address any published research in submissions and,
potentially, evidence.3
[3] We consequently confirm the provisional view. We now publish the first tranche of
data, which relates to items 1, 2, 3 and 7 of the ACTU’s request in relation to the Children’s
Services Award 2010, the Health Professionals and Support Services Award 2020 and the
Pharmacy Industry Award 2020, namely:
1. the number of people who work in the industry and/or occupation codes corresponding to the
specific award classifications being reviewed;
2. how those numbers have changed over the past 10 years, depending on what time series the
micro data maintains;
3. a breakdown or cross-tabulation of employment by age and gender within the categories;
…
7. breakdown or cross-tabulation of employment status within the categories (full-time,
permanent part-time, casual, OMIE).
[2024] FWCFB 409
STATEMENT
AUSTRALIA FairWork Commission
[2024] FWCFB 409
2
[4] Staff of the Commission are undertaking further analysis for the second tranche of data
relating to the outstanding items requested (4, 5, 6) and we anticipate that this will be published
prior to the deadline for evidence and submissions in reply.
[5] Further research into the occupations being reviewed in the Aboriginal and Torres Strait
Islander Health Workers and Practitioners and Aboriginal Community Controlled Health
Services Award 2020 (ATSIHW Award) is also being undertaken and we anticipate that
available data regarding this award will be published in the coming weeks. We note the
correspondence from the ACTU in relation to available data concerning the ATSIHW Award.
[6] Parties can address the published data in reply evidence and submissions, which remain
due at 5:00 pm (AEDT) on Wednesday, 27 November 2024.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR780654
1 [2024] FWCFB 393 [9]–[10].
2 ACTU correspondence, 17 October 2024.
3 Australian Private Hospitals Association, Catholic Health Australia, Day Hospitals Australia, Healthscope Operations and
Adelaide Community Healthcare Alliance correspondence, 15 October 2024.
THE FAIR WORK FAI COMMISSION THE
https://www.fwc.gov.au/documents/sites/am2024-19/2024fwcfb393.pdf
https://www.fwc.gov.au/documents/sites/am2024-19/am202419-ors-sub-actu-171024.pdf
https://www.fwc.gov.au/documents/sites/am2024-19/am202419-ors-sub-apha-ors-151024.pdf
https://www.fwc.gov.au/documents/sites/am2024-19/am202419-ors-sub-apha-ors-151024.pdf
