DECISION

Fair Work Act 2009
s.158—Application to vary or revoke a modern award

Allison & Phil Family Trust T/A my OSHC
(AM2020/97)

Application to vary the Children's Services Award 2010 –junior rates of pay –clause 14.3(b) –modern award varied.

[1] In a statement issued on 21 December 2020 1 (the December Statement) we considered an application by Allison & Phil Family Trust T/A my OHSC (my OHSC) to vary the Children’s Services Award 2010 (the Award) to correct an apparent anomaly at clause 14.3(b) of the Award. Clause 14.3(b) of the Award deals with junior rates and as presently drafted, results in higher rates of pay for junior Children’s Services Employees (CSEs) Level 1.1 at 19 years of age as compared to adult CSEs Level 1.1 at 20 years of age. The December Statement sets out the background to this issue, along with a brief history of the clause.2 We do not propose to repeat that background here.

[2] At a conference held on 14 December 2020 the ABI and Community Connection Solutions Australia (CCSA) reached an agreed position that the issue could best be resolved by deleting the under 20 years of age rate from clause 14.3(b) of the Award as follows: 3

Age	% of adult rate
Under 17 years	70
Under 18 years	80
Under 19 years	90
Under 20 years	100

[3] In the December Statement we expressed the provisional view that clause 14.3(b) should be amended as proposed by the parties and that the proposed amendment is necessary to achieve the modern awards objective taking into account the considerations in s.134(1)(a) to (h), insofar as they are relevant.

[4] Interested parties were invited to comment on our provisional view by 15 January 2021. Submissions in reply were due to be filed by 22 January 2021. We noted in the December Statement that the matter would be determined on the papers unless any party requests an oral hearing. No requests for an oral hearing were received.

[5] Submissions were received from My OSHC 4 and CCSA5 supporting the provisional view. There were no submissions opposing our provisional view and no submissions in reply were received.

[6] We confirm our provisional view. A determination giving effect to the change will be issued with this decision.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR727865>

 1   [2020] FWCFB 6844.

 2   [2020] FWCFB 6844 at [1] – [6].

 3   Transcript, 14 December 2020.

 4   My OSHC, Submission, 11 January 2021.

 5   CCSA, Submission, 15 January 2021.