STATEMENT

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

4 yearly review of modern awards—Supported Employment Services Award 2010
(AM2014/286)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 20 DECEMBER 2016

Technical and drafting issues.

[1] This statement provides an update following the conference on 15 December 2016 regarding technical and drafting issues in the Supported Employment Services Award 2010 (the SES Award).

[2] During the conference the Commission facilitated discussions with parties with the view to resolving issues outlined in the summary of submissions which was published on the Commission’s website on 30 November 2016.

[3] As a result of the conference, the following changes have been made to the exposure draft:

Issue	Clause(s)	Summary of change
6	4.1	Clause divided into two clauses 1
12	11.3, 11.4	Order of clauses changed 2
14	15.2	Cross-reference amended 3
16	16.2	Obsolete assessment tools removed 4
17	16.4	Clause reworded 5
18	16.5	Clause reworded 6
19	16.9	Transitional provisions removed 7
22	24.2	Cross-reference amended 8
23	Wage and allowance tables	$ and % signs inserted 9

[4] A revised exposure draft incorporating these changes will be published with this statement. A revised summary of submissions will also be published reflecting the current position of the parties including agreed and outstanding issues.

[5] No changes have been made to the exposure draft in respect of issues 1–5, 10–11, 13, 20 and 24, reflecting the position taken by the parties at the conference. 10

Status of outstanding technical and drafting issues

[6] The National Disability Services’ claim regarding the coverage of the SES Award (issues 7 to 9) are considered substantive changes and will be the subject of further proceedings. 11

[7] The Australian Business Industrial and the New South Wales Business Chamber claim regarding payment of wages (issue 15) will be dealt with after the Full Bench determines matter AM2016/8. 12

[8] Issue 21 deals with a question put to the parties by the Commission in the exposure draft regarding superannuation payments for employees with a disability at clause 18.5. This issue may also form part of United Voice’s substantive claim. 13 Parties are requested to give further consideration to whether $6.00 continues to be an appropriate amount and to file submissions by Tuesday 31 January 2017.

[9] Any comments or submissions in respect of the revised exposure draft are to be filed by 4pm on Tuesday 31 January 2017 to amod@fwc.gov.au.

PRESIDENT

1 See Transcript of 15 December 2016 at [PN56-57].

2 See Transcript of 15 December 2016 at [PN87-89].

3 See Transcript of 15 December 2016 at [PN91-96].

4 See Transcript of 15 December 2016 at [PN99-104].

5 See Transcript of 15 December 2016 at [PN105-107].

6 See Transcript of 15 December 2016 at [PN106-110].

7 See Transcript of 15 December 2016 at [PN111-112].

8 See Transcript of 15 December 2016 at [PN141].

9 See Transcript of 15 December 2016 at [PN141-143].

10 See Transcript of 15 December 2016 at [PN6-55, PN85-86, PN91-94, PN113-119, PN143-148].

11 See Transcript of 15 December 2016 at [PN62-85].

12 See Transcript of 15 December 2016 at [PN97].

13 See Transcript of 15 December 2016 at [PN120-141].

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