[2020] FWC 58


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

4 yearly review of modern awards – Social, Community, Home Care and Disability Services Industry Award 2010

Social, community, home care and disability services



4 yearly review of modern awards – Social, Community, Home Care and Disability Services Industry Award 2010 – Tranche 2 – Background Paper.

[1] On 5 December 2019 the Full Bench dealing with the Tranche 2 claims in this award issued Directions (the 5 December 2019 Directions) which indicated that a Background Paper would be published setting out the claims being pressed in Tranche 2 as well as:

  the submissions listed in paragraph [4] of the Commission’s Statement of 3 December 2019; and

  the findings sought by parties in respect of those claims.

[2] The Background Paper will be published with this Statement. The Background Paper poses a series of questions to parties with an interest in these proceedings. The answers to the questions are to be filed with the submissions due on 7 February 2020. In addition to answering the questions posed the parties are invited to identify any errors or omissions in the Background Paper.

[3] Due to the limited time available the following claims have not been dealt with in the Background Paper:

  The travel time claims from:

  Australian Municipal, Administrative, Clerical and Services Union;

  Health Services Union; and

  United Workers’ Union

  The overtime for part-time and casual workers claim from the Health Services Union; and

  The minimum engagements claim from the Health Services Union of Australia.

[4] These claims should still be addressed in the submissions filed by the parties in accordance with the 5 December 2019 Directions.

[5] The 5 December 2019 Directions are extracted below:

“[2] Interested parties are to file written submissions in respect of the following matters by 4:00 pm on Friday 7 February 2020:

(a) whether they agree with or contest the findings sought by other interested parties in the written submissions listed at paragraph [4] of the December 2019 Statement;

(b) in respect of any submissions made in accordance with paragraph (a) above; the reasons for agreeing with or contesting the findings sought, by reference to the evidence;

(c) any submissions in reply to the written submissions listed at paragraph [4] of December 2019 Statement;

(d) responses to the questions posed in the Background Paper; and

(e) submissions in support of the parties preferred position on changes to the 24 hour clause as set out in the Report issued by Commissioner Lee on 14 November 2019 (Note: At [2019] FWCFB 6067, [104] we expressed the provisional view that a 24 hour clause be retained but that the existing clause does not provide a fair and relevant minimum safety net and required amendment).

[3] Interested parties are to file any submissions in reply by 4:00 pm on Monday 24 February 2020.”

[6] Additional directions were issued by Deputy President Clancy on 18 December 2019 in relation to the claim for a community language skills allowance.

[7] Parties are advised that all submissions filed in relation to the above directions must:

(i) Include a front page which clearly identifies:

  the date of the submission;

  the name of the organisation; and

  whether the document is a final submission or final submission in reply

(ii) Clearly mark the responses to the matters set out at (a), (b), (c), (d) and (e) of the Direction 2 set out above.

(iii) Include as an attachment the answers to each of the questions posed in the Background Paper by reference to the question number.

[8] Further, all submissions must be filed in Word format via email to amod@fwc.gov.au.


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