The Fair Work Commission (FWC) has been dealing with long-running proceedings concerning union claims for increasing the minimum wages of employees working in the aged care sector, who are covered by the Aged Care Award 2010, the Nurses Award 2020 and the Social, Community, Home Care and Disability Services Industry Award 2010 (Relevant Awards).

Those proceedings have now entered their third stage, in which the FWC is considering whether:

• Indirect care workers covered by the Relevant Awards should be entitled to increased minimum wages (so far in the proceedings, the FWC has not awarded a wage increase to such employees);
• Other categories of employees covered by the Relevant Awards should be entitled to wage increases on the basis of maintaining relativities between their wages and other employees covered by the Relevant Awards, as well as other modern awards across the system; and
• The classification structures in the Relevant Awards should be amended or revised.

The relevant issues are summarised in a recent background document issued by the FWC. The proceedings were listed for directions on 25 July 2023. The FWC has indicated that it will issue directions for the filing of submissions and evidence, and list the matter for Hearing.

The implications that may flow from these proceedings for employers covered by the Relevant Awards are potentially significant. Any members seeking more information or wishing to discuss the matter should contact Ai Group’s Principal Advocate, Ruchi Bhatt at: ruchi.bhatt@aigroup.com.au.