[2021] FWCFB 3139
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards—Supported Employment Services Award 2020
(AM2014/286)

Social, community, home care and disability services

VICE PRESIDENT HATCHER
DEPUTY PRESIDENT DEAN
COMMISSIONER CAMBRIDGE

SYDNEY, 3 JUNE 2021

4 yearly review of modern awards – Supported Employment Services Award 2020 – revised timetable.

Background

[1] On 3 December 2019 we published a decision in this matter 1 (the December decision) in which, among other things, we set out:

  the variations to the Supported Employment Services Award 2020 which we were currently minded to make, subject to the conduct of a trial concerning the new wages structure and the receipt of further evidence and submissions following the completion of that trial;

  a proposed timetable for conduct of the trial and the implementation of the variations; and

  our expectations concerning Commonwealth Government financial support for the trial and implementation process.

[2] A summary of the December decision was published on the same date.

Timetable

[3] On 21 January 2020, in order to provide parties with more time to prepare for the trial of the new wages structure, we issued a statement revising the proposed timetable. 2

[4] The trial did not proceed as timetabled due to the impact of the COVID-19 pandemic.

[5] In accordance with the most recent advice from the Department of Social Services, the Final Report concerning the trial’s outcomes is anticipated to be completed by 18 October 2021.

[6] The revised timetable for the trial of the new wages structure is as follows:

MID NOVEMBER – MID DECEMBER 2020 – Select sample of Australian Disability Enterprises (ADEs) and contact ADEs to confirm their interest in participating in the Trial (completed).

MID NOVEMBER 2020 – MID JANUARY 2021 ARTD Consultants (ARTD) to obtain ethics approval (completed).

NOVEMBER 2020 – EARLY MARCH 2021 – Subject Matter Experts to develop training materials (completed).

MID JANUARY – EARLY MARCH 2021 – Contract ADEs and Supported Wage System (SWS) Assessors (completed).

MID JANUARY – LATE MARCH 2021 – ADEs to select and contact sample of supported employees and get informed consent (completed).

MARCH 2021 – Subject Matter Experts to commence training with ADEs and SWS assessors (completed).

LATE MARCH – MID JUNE 2021 – Data collection on wage assessments by ARTD, Subject Matter Experts and ADE and SWS assessors.

MID JUNE – MID JULY 2021:

  ARTD to conduct ADE site visits (5 weeks); and

  Financial modelling by ARTD (Balmoral) (6 weeks).

JULY – EARLY AUGUST 2021 – ARTD to conduct data analysis and complete report writing.

EARLY AUGUST – EARLY SEPTEMBER 2021 – Review draft report by Steering Committee and revisions by ARTD.

MID OCTOBER 2021 – Final Report is completed and released.

[7] This timetable may be the subject of further modification as events progress. However, the Full Bench has determined, on the basis of this timetable, to reserve the following dates for final hearing in the matter: 13-17 DECEMBER 2021.

[8] A further directions hearing will be listed in due course.

al of the Fair Work Commission with the memeber's signature.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR730348>

 1   [2019] FWCFB 8179, 293 IR 1

 2   [2020] FWCFB 343 at [3]