STATEMENT

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

Aged Care Award 2010
(AM2020/99)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 24 NOVEMBER 2020

Aged Care Award 2010 – application to vary an award – directions issued.

[1] The Health Services Union (HSU) and a number of individuals have made an application to vary the minimum wages and classifications in the Aged Care Award 2010. A copy of the application can be found here.

[2] The Commission has established a dedicated Major Cases webpage for this matter where the following documents have been posted:

• Notice of Listing - 23 November 2020

• Amended application - F46 adding the Health Services Union as an applicant

• Application - F46 from Virginia Ellis, Mark Castieau, Sanu Ghimire and Paul Jones.

[3] The Commission’s award subscription service will be used to notify interested parties of updates during this matter such as deadlines for the filing of submissions and evidence, notices of listing and when any decisions or statements are issued. A dedicated subscription service called ‘Work Value Case–Aged Care Award’ will be established and operative from 25 November 2020. Interested parties are encouraged to subscribe to receive notifications on the subscription services page on our website. Any questions about the subscription service can be sent to amod@fwc.gov.au.

[4] A Mention in respect of the application was held on Monday 23 November 2020. A copy of the transcript from the Mention is here.

[5] Further to the Mention, the following directions are made:

1. The HSU is to file an outline of its evidentiary case and proposed draft directions by no later than 4pm on Monday 14 December 2020.

2. The HSU is to confer with the Australian Nursing and Midwifery Federation and the United Workers Union so that it can incorporate any evidence those unions propose to call in the outline to be filed pursuant to direction 1.

3. This matter will the subject of a further Mention at 2pm on Monday 21 December 2020. Parties wishing to appear at the Mention are to provide the name, direct number and organisation by 4pm on Friday 18 December 2020 to chambers.ross.j@fwc.gov.au.

[6] A separate notice of listing will be published separately.

PRESIDENT

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