…..
Conclusion
For the above reasons, we urge the Commission to retain the modified SWS as the only wage assessment tool in clause 14.4 of the SES Award. In the alternative, rather than implementing a sizing of the job component, we submit the Commission could consider retaining the modified SWS and outlining the existing lower three award classifications in more descriptive detail. This would have the advantage of avoiding any subjective interpretive function on behalf of the assessor. However, this should not result in the lowering of the wages of workers with disabilities compared to the current classifications as applied by the modified SWS. Changing the classification structure of the award was not sought by any party in these Proceedings. Were the Commission to make any significant changes, natural justice would demand that a concrete proposal is put to the parties and the parties are given the opportunity to adduce evidence and make submissions on it before any determination is made. This would entail further hearings and for all the reasons above is not the preferred course of action.
