[2020] FWCFB 3634


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] On 15 June 2020 the HSU, on behalf of all of the unions involved in the above proceedings, filed correspondence 1 which 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 May 2020 Report). 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 and that as the May 2020 Report was published after the hearing in the matter, it was not possible to bring it 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] On 7 July 2020 we issued a Statement 2 stating the issues raised in the HSU’s correspondence would be listed for mention.

[4] A mention was held on 9 July 2020 at 10:00am. The following parties attended:

  Australian Federation of Employers and Industry;

  Australian Municipal, Administrative, Clerical and Services Union;

  Ai Group;

  ABI, NSWBC, Aged and Community Services Australia and Leading Age Services Australia;

  HSU; and

  National Disability Services.

[5] The transcript of the mention is available here.

[6] We have decided to allow the May 2020 report to be admitted into evidence and make the following Directions:

1. By 4pm Monday, 20 July 2020, the union parties are to file submissions setting out:

(i) the parts of the May 2020 Report on which they rely;

(ii) the findings sought on the basis of the parts of the May 2020 Report on which they rely; and

(iii) the claims to which the findings sought relate.

2. By 4pm Monday, 10 August 2020, the employer parties are to file:

(i) submissions and any evidentiary material in response to the submissions made by the unions pursuant to Direction 1;

(ii) any additional reports, data or other material by way of updating material already filed; and

(iii) a notification of whether they wish to cross-examine the authors of the May 2020 Report.

3. By 4pm Monday, 24 August 2020, the union parties are to file submissions in reply to the material filed by the employers pursuant to Direction 2.

4. All submissions and material are to be filed to amod@fwc.gov.au in PDF and word format.

5. Liberty to apply.


Printed by authority of the Commonwealth Government Printer


 1   HSU correspondence, 15 June 2020.

 2   [2020] FWCFB 3557.