DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/286)

SUPPORTED EMPLOYMENT SERVICES AWARD 2010
[MA000103]

4 yearly review of modern awards – Supported Employment Services Award 2010.

A. Further to the Decision [[2019] FWCFB 8179] and Statement [[2020] FWCFB 343] issued by the Full Bench of the Fair Work Commission on 3 December 2019 and 21 January 2020, the above award is varied as follows:

1. By inserting clause 9A as follows:

9A. Rights at Work for Supported Employees

9A.1 When dealing with employment matters affecting supported employees the employer shall take all reasonable steps to provide such employees with the information they require to exercise their employment rights.

9A.2 Such reasonable steps will include but are not limited to the following:

(a) Providing information to supported employees of their right to be a member of the union and be represented in the workplace by a union representative.

(b) Providing information in relation to seeking information and or assistance from the Fair Work Ombudsman.

(c) Providing information to a supported employee about their right to have their nominee, guardian, carer, parent or other family member, advocate or union assist them in making decisions about employment matters.

9A.3 In addition to those matters listed in clause 9A.2 the employer shall take reasonable steps to provide the opportunity to the supported employee to have their nominee, guardian, carer, parent or other family member, advocate or union involved in, or consulted or act as the employee’s representative in employment matters that affect or may affect the supported employee’s interests.

9A.4 Such matters shall include but not be limited to the following:

(a) consultation about significant workplace change under clause 8;

(b) consultation about changes to rosters or hours of work under clause 8A;

(c) any dispute under clause 9 or other grievance;

(d) wage assessments under clause 14.4(a) and Schedule D;

(e) any disciplinary matter; and

(f) performance appraisals.

2. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 1 March 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 1 March 2020.

VICE PRESIDENT

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