[2021] FWCFB 5545


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



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

1. Background

[1] On 3 September 2021 we issued a Statement 1 concerning some residual issues in respect of broken shifts. At [20] of that Statement we noted that towards the end of the hearing on 1 September 2021 we advised the parties that we proposed to formulate a series of questions about these residual issues and that there would be an opportunity to file submissions in respect of those questions.

[2] The questions proposed are set out at [21] of the 3 September 2021 Statement, as follows:

1. Is there any opposition to our provisional view at [16] (of the 3 September 2021 Statement) above?

2. Should the SCHADS Award permit an afternoon or night shift to be broken in accordance with clause 25.6? (Noting that it is common ground that clause 25.6 only applies to social and community services employees when undertaking disability services work and home care employees).

3. If the Commission decides that the answer to Question 2 is yes, then what terms and conditions should apply to shiftworkers when working broken shifts?

4. Should the SCHADS Award be varied to provide a clear statement that employees must not be required to travel between work locations during their meal breaks and that overtime should be payable until an employee is allowed a meal break free from travel (as proposed by the ASU). If so, what form should that variation take?

[3] The parties were provided with a short opportunity to comment on the appropriateness of the above questions and whether any further questions should be posed. Any comments were to be filed by 4.00pm today.

[4] No amendments were sought to the draft questions and accordingly we confirm that the questions posed are those set out at [2] above.


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