Report highlights proposed alternative classification structure for SCHADS Award arising from Gender-based Undervaluation Review

The Gender-based Undervaluation – Priority Awards Review process, which has been running for more than 18 months, commenced on the Commission’s own motion and set out to consider variations to classifications and minimum wage rates on work value grounds within six Modern Awards applicable in highly feminised industries, “to remedy potential gender undervaluation”. The Social, Community, Home Care & Disability Services Industry Award 2010 (the SCHADS Award) was one of the priority awards identified.

As part of that process, prior to Easter 2025, the Commission expressed a provisional view that the separate classification streams within the SCHADS Award should be combined into a single, simplified classification structure and a proposed classification model that aligned with their provisional view was published for comment (refresh with our earlier news post). A series of hearings and conferences occurred during the second-half of 2025 and whilst the Commission strongly desired to have the matter finalised before the end of the year and numerous conferences between employer groups and unions were described as “very constructive and productive”, there was no consensus achieved on a new classification structure and the matter remains unresolved to commence 2026.

To inform a hearing which was held on 19 December, FWC Deputy President, Bernadette O’Neill, penned a report to the Expert Panel (of which she is a member) which explored the issues requiring resolution that were identified in the five conferences she facilitated. The Deputy President included a proposed alternative classification structure for consideration which purportedly “reflects the key elements” of desired refinements to the provisional view classification structure articulated by the Full Bench in the April 2025 decision.

The proposed alternative classification structure can be viewed as Attachment 3 of the Deputy President’s report, with the descriptors of the ten-level structure set out as ‘Schedule A’, starting on page 13. The proposed wage rates are tabulated under clause 15, starting on page 11. Various definitions to assist interpretation of the proposed alternative classification structure have also been developed and included under the heading, ‘Definitions’, starting on page 8.

The Deputy President’s report also highlights 13 pertinent points requiring consideration to conclude the review process and these are itemised at paragraph [5] on the front page of the document.

The FWC will be taking submissions on the matters identified in the Deputy President’s report during February, meaning there will be no outcome until March, at the earliest.

Changes to Sleepover provisions also on the way

On Christmas Eve, the FWC also unexpectedly issued a long-awaited decision pertaining to an application to vary the SCHADS Award, which sought to clarify obligations in relation to payment for sleepover shifts.

ES Subscribers should refer to our comprehensive bulletin of 7 January 2026 which explores how the FWC proposes to vary the SCHADS award to: confirm that a sleepover period does not constitute a break between shifts and, alter how shift penalties apply to such work.

An operative date for these changes is yet to be confirmed. The FWC will be taking submissions on the draft determination it released on 24 December 2025, during February 2026.