Gender undervaluation – priority awards review

We started this process to consider making changes (variations) to certain classifications and minimum wage rates in the following modern awards:

• Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 – AM2024/22
• Children’s Services Award 2010 – AM2024/23
• Health Professionals and Support Services Award 2020 – AM2024/20
• Pharmacy Industry Award 2020 – AM2024/19
• Social, Community, Home Care and Disability Services Industry Award 2010 – AM2024/21, AM2024/25, AM2024/27

The proceedings follow the Annual Wage Review 2023-24 decision, which identified that the above 5 awards require priority consideration as to whether they have been the subject of gender undervaluation.

PLEASE NOTE:
Applications made by the Australian Services Union, Australian Workers Union, Heath Services Union and United Workers Union (AM2024/25) and Australian Services Union (AM2024/27) to change the Social, Community, Home Care and Disability Services Industry Award 2010 will also be dealt with as part of this review.

We welcome submissions from individuals, organisations, academics, and any other interested party.

You can use our submission coversheet and template to help you prepare your submission.

We publish all submissions and correspondence on our website.

Submissions should be sent to awards@fwc.gov.au.

The Expert Panel considering the priority awards published a statement [2024] FWCFB 291 (pdf) on 24 June 2024 which identified the following list of issues to be considered in this case:

1. Having regard to the findings contained in the Stage 1 and Stage 2 reports, has the work to which the classifications apply been historically undervalued because of assumptions based on gender?
2. Would variations to the minimum wage rates prescribed for the classifications:
   1. be justified by work value reasons within the meaning of s 157(2A) of the Fair Work Act 2009 (Cth) (FW Act)? 
   2. be necessary to achieve the modern awards objective in s 134(1) of the FW Act? 
   3. be necessary to achieve the minimum wages objective in s 284(1) of the FW Act?
3. Does the work of employees under any of the classifications involve the exercise of ‘invisible’ skills (including gender-related indigenous cultural skills) and/or caring work of the nature described in paragraphs [156(1)] and [172]–[173] and elsewhere in the >Stage 3 Aged Care decision?
4. Is the benchmark rate identified in paragraph [170] of the Stage 3 Aged Care decision appropriate to apply to any of the classifications for which a Certificate III qualification or equivalent is required?
5. Is the benchmark rate identified in paragraph [204] of the Stage 3 Aged Care decision appropriate to apply to any of the classifications for which an undergraduate degree qualification or equivalent is required?
6. To the extent that any adjustment to the existing classification structure in any of the awards is required, what are appropriate terms (including classification descriptors and minimum wage rates) for a new or modified classification structure?
7. To the extent that any increases to the minimum rates for any classifications are justified by work value reasons in order to remedy gender undervaluation, what is an appropriate implementation timetable for such increases having regard to funding and related issues?
8. Should the equal remuneration order (PR525485) applicable to social and community service employees under the Social, Community, Home Care and Disability Services Industry Award 2010 be revoked consequent upon appropriate variations to the classification structure and minimum wage rates in that award?