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)

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 in respect of the operation of broken shift provisions and in a Statement2 published on 6 September 2021 we finalised a series of questions to be addressed by the parties in their submissions regarding the broken shifts matter and issued the following directions:

1. Parties are to file written submissions, and any evidence upon which they wish to rely, addressing the questions by 4.00pm (AEST) on Wednesday, 15 September 2021.

2. Parties are to file any written submissions and evidence in reply to the submissions filed pursuant to Direction 1 by 4.00pm (AEST) on Friday, 24 September 2021.

3. All submissions should be filed in both PDF and Word document formats, via email to amod@fwc.gov.au.

4. Parties are at liberty to apply.

[2] In relation to Direction 1, we granted an extension to Ai Group, AFEI, NDS, ABI, Business NSW, Aged and Community Services and Leading Age Services Australia (collectively, the Employer Parties) to file submissions by 10am on Friday 17 September 2021.

[3] The following submissions were received:

•  Ai Group submission dated 6 September 2021

•  ASU, HSU and UWU joint union submission dated 15 September 2021

•  AFEI submissions dated 6 and 17 September 2021

•  Employer Parties submission dated 17 September 2021

•  Challenge Community Services correspondence dated 17 September 2021 and Witness Statement of Mr Andrew Corbett dated 20 September 2021

[4] Reply submissions are due to be filed by no later than 4pm on Friday 24 September 2021. We note that this day is a public holiday in Victoria. Accordingly, we have decided to vary the directions as follows:

1. Parties are to file any written submissions and evidence in reply to the submissions filed pursuant to Direction 1 by 4.00pm (AEST) on Monday, 27 September 2021.

[5] All submissions should be filed in both PDF and Word document formats, via email to amod@fwc.gov.au.

[6] Any party wishing to cross-examine Mr Corbett, or who seeks an oral hearing, is to inform the Commission by no later than 4.00pm (AEST) on Tuesday 28 September 2021. Unless there is a request for an oral hearing, or we decide that an oral hearing is required, the remaining matters will be determined on the papers. In the event that a hearing is required the matter will be listed at 9.30am (AEST) on Thursday, 30 September 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2021] FWCFB 5493

 2   [2021] FWCFB 5545