Gender-based Undervaluation – Priority Awards Review: Final Stage Hearings set

In our news post of May, we explored various changes a Full Bench of the Fair Work Commission determined to be necessary in several Modern Awards applicable in highly feminised industries; these awards include the Children’s Services Award 2010 (CS Award), the Health Professionals & Support Services Award 2020 (HPSS Award) and the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). Following a Directions hearing on 15 July, the matters have been set down for multi-day hearings in October and November, representing the final stage of the Gender-based Undervaluation – Priority Awards Review process.

Refresh on the proposed changes to each award with our earlier news post here.

Although recent FWC proceedings confirmed that there is general consensus over the proposed changes to the HPSS Award in reference to the reclassification of Dental Assistants, as well as the proposed changes to the CS Award (with the exception of the issue of coverage of the family day care sector), conjecture remains in respect to the Full Bench’s provisional views pertaining to the SCHADS Award, and the HPSS Award as those provisional views relate to Pathology Collectors and Health Professionals.

In a Statement of 18 July, the FWC acknowledged that the issue of award coverage of the Family Day Care sector has proven to be an issue of unexpected “significance”, leading the Full Bench to determine that further consideration of their provisional view (i.e. that the Family Day Care sector should be removed from coverage under the SCHADS Award to be solely encompassed within the CS Award) should be deferred, “for the time being”. In the interim, consideration will be given to Family Day Care employees as part of the proposed changes to the SCHADS Award classification structure.

Turning to the proposed changes to the SCHADS Award (i.e. replacing the existing separate classification streams with a single classification structure) the Full Bench made clear that the purpose of further proceedings is not to reagitate earlier arguments which conflict with the provisional views expressed in the decision of April. The Full Bench explained the “remaining stage of the Review” provides opportunity to “engage with the provisional view we have expressed concerning a new classification structure and wage rates for the SCHADS Award including by proposing variations to the structure or proposing an alternative structure”.

In the interest of resolving the matter in a “timely manner” the Full Bench rejected the ASU proposal to delay hearings until 2026, especially since the FWC assessment is that such a timeline was unrealistic and would more likely extend to 2027. The ASU desired the delay to enable any new classification structure for the SCHADS Award to be informed by evidence gathered through the ‘Commonwealth Consultation Project’, which the Full Bench assessed to be “a proposal for a Commonwealth-funded industry consultation process to review the classification structure in the SCHADS Award”. The Full Bench was not persuaded that the current proceedings should be delayed for a project that has not been officially defined, has no indication of commencement or completion date, and which risks “the proposed usurpation of the Commission’s statutory functions concerning the making and variation of modern awards”. The Full Bench also rejected the proposal of employer group, AIG, that the new classification structure should be settled first, before further consideration is given to an appropriate operative date and phasing-in arrangements.

Future hearing dates have subsequently been scheduled for the CS Award, HPSS Award and SCHADS Award as follows:

20 October 2025: Any hearing that may be required for the CS Award.

21–24 October 2025: HPSS Award — Dental assistants.

27–31 October 2025: SCHADS Award.

10–15, 19–21 November 2025: HPSS Award — Pathology collectors and health professionals.

Written submissions must also be filed during August, September and/or early-October.

View the full Directions of 18 July here.