s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Gender-based undervaluation - priority awards review - Social, Community, Home Care and Disability Services Industry Award 2010

Gender-based undervaluation - priority awards review - Social, Community, Home Care and Disability Services Industry Award 2010 - outcome of conferencing process.

1. In our statement of 24 October 2025[1] (October Statement), we indicated that the parties were invited to participate in a conference, to be conducted without prejudice to their positions advanced at the hearing, to endeavour to reach consensus as to the new classification structure for the Social, Community, Home Care and Disability Services Industry Award 2010 (Award).

[2] Interested parties indicated that they were prepared to engage in a without-prejudice conferencing process. Deputy President O'Neill held a short conference on 31 October 2025 to confirm a list of issues for discussion. Subsequently, substantive conferences were held on 10, 19, 21 and 26 November, and 10 December 2025.

1. Deputy President O'Neill has provided a report to the Expert Panel outlining that whilst the conferences were constructive and productive, no consensus was ultimately reached. The report includes a proposal for a new classification structure as an alternative to the provisional view set out in our 16 April 2025 decision[2] and identified a number of significant issues remaining in dispute. The report is published with this statement.

[4] Parties are invited to address us at the hearing scheduled for Friday, 19 December 2025 as to:

• whether the proposed structure provided in the report is an appropriate replacement for the classification structure in the award, having regard to the principles set out in our October Statement;

• the identified issues in dispute; and

• an appropriate process to finalise the matter.

1. [1] [2025] FWCFB 238.
2. [2] [2025] FWCFB 74 [392].

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