The Full Bench of the Fair Work Commission (FWC) has confirmed a temporary classification structure to be included in the SES Award. The classification structure reflects that proposed by the FWC in its December 2019 decision and will be used for the trial of the proposed wages structure. The temporary classification structure includes the new Grades A and B (specifically for supported employees) with updated definitions that largely reflect changes requested by NDS and Australian Business Lawyers and Advisors (ABLA) on behalf of Disability Enterprises (ADEs). The FWC has acknowledged the proposed timetable for the trial (from 1 May 2020) may not be adhered to due to the COVID-19 pandemic. The FWC has also addressed several other matters that have arisen in the review of the SES Award. The Full Bench stated that the AED Legal submission of 17 March 2020 is “misconceived” in arguing that the SES Award must be varied to include the new classification structure prior to the trial. Consequently, the FWC considers that the matters raised in the AED Legal submission “do not require consideration at this time”.ABLA had proposed that additional classifications from five other Modern Awards be incorporated into the new wages structure for the purpose of the trial. The FWC has not granted the application, stating that the proposal “does not properly align the incorporated classifications with the pay grades in the SES Award” and noting that the work of these classifications does not appear to be a significant feature of the work of ADEs. The FWC has acknowledged that further changes to the classification structure may be revisited at a later stage of the proceedings.NDS considers this to be a positive decision by the FWC and acknowledges the work of ABLA as well as the input of various NDS members into the design and operation of the wages structure trial. We will keep members informed of any developments affecting the trial timetable, including delays arising from the impact of the COVID-19 pandemic.

For any enquiries, please contact Kerrie Langford, Head of Employment and Workforce Innovation, 02 9256 3173, submit enquiry/feedback