| [2021] FWCFB 4426 |
| FAIR WORK COMMISSION |
STATEMENT |
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
(AM2018/26)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 23 JULY 2021 |
4 yearly review of modern awards – Social, Community, Home Care and Disability Services Industry Award 2010 – Conference
[1] On 4 May 2021 the Commission issued a decision 1 in relation to the Tranche 2 claims in the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) (the Decision). Interested parties were initially directed to file any submissions and evidence in respect of the draft variation determination and the Full Bench’s provisional views by 4.00pm (AEST) on Tuesday 22 June 2021. At that time a hearing was to take place on Wednesday, 30 June 2021.
[2] On 3 June 2021 we received correspondence from Ai Group on behalf of the AFEI, ABI and the NSW Business Chamber, Aged and Community Services Australia and Leading Age Services Australia (collectively the Joint Employers) seeking the following variations to the directions, as follows:
• The direction requiring the filing of materials by 4pm on 22 June 2021 be varied such that parties are not required to do so until 17 August 2021.
• The hearing listed on 30 June 2021 be vacated and relisted on a date that follows the filing of the aforementioned materials.
[3] In a Statement issued 7 June 2021, 2 we granted an extension, but not of duration proposed by the Joint Employers. The revised directions provided as follows:
1. Interested parties are to file any submissions and evidence in respect of the draft variation determination and our provisional views by 4.00pm (AEST) on Monday 19 July 2021.
2. A Hearing will be listed on 26 and 27 July 2021.
[4] On 15 July 2021 the Commission received correspondence from the Health Services Union indicating that representatives of the union and employer parties are in active discussions regarding various matters in AM2018/26. As a result of those discussions, the parties have jointly requested an extension of the date for filing material to 27 July 2021. The parties also requested that the matter be listed for Conference on either Thursday 22 July or Friday 23 July 2021.
[5] In a Statement published on 16 July 2021 3 we agreed to vary the directions as follows:
1. Interested parties are to file any submissions and evidence in respect of the draft variation determination and our provisional views by 4.00pm (AEST) on Tuesday 27 July 2021.
2. The Hearing listed for 26 and 27 July 2021 will be vacated.
[6] At the request of the parties, a Conference was convened for 1pm today.
[7] On 23 July 2021 the Commission received correspondence from the Health Services Union asking that the conference listed at 1pm today be vacated and be relisted, at the Commission’s convenience, for a report back on or after 30 July 2021. The correspondence also seeks to vary the directions issued on 19 July 2021 as follows:
“• the requirement to file submissions and evidence on 27 July be extended to 3 August 2021, and
• the hearing listed on 4 August 2021 be vacated.” (the Joint Request).
[8] The Joint Request was sent on behalf of the following organisations:
• The Australian Services Union
• The United Workers’ Union
• The Australian Industry Group
• National Disability Services
• The Australian Federation of Employers and Industries
• Australian Business Industrial
• The NSW Business Chamber
• Leading Aged Services Australia, and
• Aged and Community Services Australia.
[9] In considering the application to vacate the conference listed for 1pm today and to vary the directions we note that:
➣ The Decision in relation to the Tranche 2 claims was issued on 4 May 2021.
➣ The initial directions provided that parties were to file materials by 22 June and a Hearing was listed on 30 June 2021.
➣ The directions have been varied and the timeline extended on two separate occasions.
➣ The parties have now had almost 12 weeks to engage in discussions regarding our provisional views and the draft determination and to formulate their submissions.
[10] We propose, reluctantly, to grant the Joint Request, in part, as follows:
1. The Conference listed for 23 July 2021 and the Hearing listed for 4 August are both vacated.
2. Interested parties are to file any submissions and evidence in respect of the draft variation determination and our provisional views by no later than 4pm, Tuesday 3 August 2021.
3. The matter listed for Hearing on Friday, 6 August 2021 at 9.30am.
[11] It should not be assumed that any further delay will be accommodated. Parties should proceed on the basis that they will be required to file their submissions in relation to the draft variation determination and the provisional views expressed in the Decision in accordance with the directions above.
PRESIDENT
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