[2020] FWCFB 3557


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 Award 2010



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

[1] We have received correspondence from the HSU, on behalf of all of the unions involved in the above proceedings. The correspondence attached a report by Dr Natasha Cortis and Dr Georgia van Toorn titled “Working in new disability markets: A survey of Australia’s disability workforce”. The HSU states that the report is an updated version of the June 2017 report, ‘Working under the NDIS: Insights from a survey of employees in disability services’ which was considered during the proceedings and is included at pages 3080-3128 of the Court Book. As the most recent May 2020 report was published after the hearing in the matter, it was not possible to bring the report to the attention of the Commission at the time of hearing.

[2] The HSU’s correspondence states:

‘The Unions have contacted the respondents in this matter, namely, Australian Business Lawyers, Australian Industry Group, Australian Federation of Employers and Industries and National Disability Services. The respondents have all indicated that they oppose the report being considered by the Full Bench after the matter has been heard and while the decision is reserved. The responses from each of the respondents are also attached to this correspondence.

Despite these objections, we remain of the view that it is appropriate for the Full Bench to consider the report. If the Full Bench is minded to consider accepting the report, we consider that question might be addressed by giving the parties an opportunity to make a written submissions as to that question. We would make arrangements to have the report’s authors available for cross-examination if required.’

[3] A mention will be held in relation to the issues raised in the correspondence. The mention will be by telephone at 1pm on Thursday 9 July 2020. Interested parties wishing to attend the mention are to provide the name, organisation name and direct number of those attending by no later than 4pm on Wednesday 8 July 2020 to chambers.ross.j@fwc.gov.au.


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