[2017] FWC 6775


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

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



Supported Employment Services Award 2010

[1] On 1 December 2017 the Commission wrote to the parties with an interest in this matter in response to a request by National Disability Services (NDS) to have the report entitled Evaluation of the Modified Supported Wage System Trial Department of Social Services - Final Report - 12 October 2016 (the Report) released publicly. It was understood that the actual purpose of the request was to have the Report introduced into evidence before the Full Bench in support of NDS’s case. The Commission advised in its correspondence (Annexure A) that it had provisionally determined that the NDS could rely upon the Report as evidence before the Full Bench; however, this would be the subject of a confidentiality order made pursuant to s 594 of the Fair Work Act 2009 once the Report was formally tendered by NDS at the hearing, and the Report would not be posted on the Commission’s website. The parties were advised that they would be provided with the opportunity to propose any different approaches at the directions hearing before the Full Bench on 22 December 2017.

[2] In a letter to the Commission dated 8 December 2017 (Annexure B) the AED Legal Centre noted the provisional view expressed in the Commission’s correspondence of 1 December 2017 and requested that the Report be made available for inspection and that the Commission make an order that AED Legal be able to use the Report for the purposes of the proceedings.

[3] In relation to the availability for inspection of the Report, the Commission’s understanding is that the AED Legal Centre already had access to a copy of the Report as a result of its participation in the conciliation process conducted by Deputy President Booth. However if that understanding is incorrect, the AED Legal Centre may seek access to a copy of the Report by request to the chambers of Deputy President Booth.

[4] In relation to the use of the Report in the proceedings, the AED Legal Centre may rely upon the Report in the proceedings on the same basis and subject to the same limitations as previously advised to NDS.

[5] In addition, the AED Legal Centre has submitted four applications for orders for the production of documents (Annexures C – F) directed to the following persons and entities:

  Walter Grzentic

  Sharon Dulac


  Department of Social Services

[6] These applications for production will be considered by the Full Bench at the directions hearing on 22 December 2017. The AED Legal Centre will be provided with an opportunity to advance submissions as to why the orders should be granted, and any party opposing the granting of the orders may make submissions as to why the orders should not be granted.

al of the Fair Work Commission with the member's signature.


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Annexure A


Annexure B

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Annexure C

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Annexure D

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Annexure E

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Annexure F

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