Variation on the Commission’s own initiative — Supported Employment Services Award 2020
Citation: [2026] FWC 2410
What happened
The Fair Work Commission (FWC) addressed a request from the Department of Social Services regarding clause H.2 of the Supported Employment Services Award 2020. The department was concerned about processing applications for initial Supported Wage System (SWS) assessments before the transitional period ended on June 30, 2026, as processing takes approximately 45 days. They proposed extending the deadline for these applications to allow continued processing beyond that date. Several interested parties, including Good Sammy, Bedford Services, unions (Australian Council of Trade Unions, Health Services Union and United Workers’ Union), and Our Voice Australia (OVA) submitted responses.
What was decided
The FWC varied clause H.2 of the Supported Employment Services Award 2020 to extend the transitional period for SWS assessments submitted by June 30, 2026. This variation aims to prevent employees from being removed from the supported wage system and employers from facing award breaches due to processing delays. The Commission considered submissions from various parties, including proposals to set a cut-off date of June 10, 2026, and provisions for back payments.
What it means for employers
Employers covered by the Supported Employment Services Award should be aware of the extended transitional period for SWS assessments. They need to ensure timely processing of applications submitted before June 30, 2026, to avoid potential award breaches and employee disadvantage. Employers who fail to lodge applications in a timely manner may face scrutiny.
What it means for employees
Employees under the Supported Employment Services Award may benefit from the extended transitional period for SWS assessments. They should be aware of their rights regarding wage assessments and review processes, and employers must provide notice if an application hasn't been lodged by the deadline.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →