(case name not available)
Deputy President Grayson
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Fair Work Commission (expert panel)
Ratio
The FWC's expert panel issued phase 2 draft determinations to continue implementation of gender-based undervaluation rectifications in the Pharmacy Industry Award 2020 and Children's Services Award 2010, with technical submissions invited before final determinations are published.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 1.2
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 6
- Expert panel issued April 2025 decision (FWC 74) finalising gender-based undervaluation review of Pharmacy Industry Award 2020
- Pharmacy Award increases implemented in three equal phases: first phase operative 30 June 2025, second and third phases operative 30 June 2026 and 30 June 2027 respectively
- Expert panel issued December 2025 decision (FWC 283) finalising gender-based undervaluation review of Children's Services Award 2010
- Children's Services Award new classification structure and initial increase operative 1 March 2026, with further increases operative 30 June 2026, 2027, 2028 and 2029
- This decision (May 2026) publishes draft determinations for phase 2 of increases in both awards
- Parties invited to make technical-only submissions by 13 May 2026
Legislation referenced
- Fair Work Act 2009 (Cth) s157
Concept tags · 3
Cases cited in this decision · 2
Cited
[2025] FWCFB 74
— Variation on the Commission’s own initiative – gender undervaluation –...
"…the same terms as proposed in the draft determinations with final determinations published thereafter. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR799728> 1 [2025] FWCFB 74. 2 MA000012. 3...…"
Cited
[2025] FWCFB 283
— FWC may vary etc. modern awards if necessary to achieve modern awards...
"…ed in the draft determinations with final determinations published thereafter. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR799728> 1 [2025] FWCFB 74. 2 MA000012. 3 [2025] FWCFB 283. 4...…"
Subsequent treatment · 1
Cited / considered· 1
Cited
[2026] FWCFB 126
FWC — Full Bench
— FWC may vary etc. modern awards if necessary to achieve modern awards...
Archived text (379 words)
1 Fair Work Act 2009 s 157—FWC may vary etc. modern awards if necessary to achieve modern awards objective Gender-based undervaluation — priority awards review (AM2024/19, AM2024/23) JUSTICE HATCHER, PRESIDENT VICE PRESIDENT ASBURY DEPUTY PRESIDENT O’NEILL DEPUTY PRESIDENT SLEVIN DEPUTY PRESIDENT GRAYSON SYDNEY, 5 MAY 2026 Gender-based undervaluation – priority awards review –Pharmacy Industry Award 2020 – Children’s Services Award 2010 – phase 2 draft determinations issued. [1] On 16 April 2025 (April Decision), as the Expert Panel in these matters, we issued a decision1 finalising consideration of the Pharmacy Industry Award 20202 (Pharmacy Award) and determined the terms of an award variation to rectify identified gender-based undervaluation. [2] On 10 December 2025 (December Decision) we issued a decision3 finalising consideration of the Children’s Services Award 20104 and how the award would be varied to rectify identified gender-based undervaluation. Pharmacy Award [3] In our April Decision, we determined that increases to the Pharmacy Award would be implemented in three equal phases. The first phase was operative from 30 June 2025, with two further phases operative on 30 June 2026 and 30 June 2027.5 [4] A draft determination giving effect to the second phase of increases, operative from 30 June 2026, is published together with this statement. Children’s Services Award [5] We determined in our December Decision that a new classification structure and an initial increase to minimum rates of pay should be implemented with effect from 1 March 2026, with further increases to be operative on 30 June 2026, 30 June 2027, 30 June 2028 and 30 June 2029.6 [6] A draft determination giving effect to the second phase of increases, operative 30 June 2026, is published together with this statement. [2026] FWCFB 105 STATEMENT [2026] FWCFB 105 2 Next steps [7] Parties may make submissions of a technical nature only regarding the draft determinations. Submissions must be sent to awards@fwc.gov.au by 4:00 pm (AEST) on Wednesday, 13 May 2026. [8] In the absence of any submissions, the variations will be made in the same terms as proposed in the draft determinations with final determinations published thereafter. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR799728> 1 [2025] FWCFB 74. 2 MA000012. 3 [2025] FWCFB 283. 4 MA000120. 5 [2025] FWCFB 74 [111]. 6 [2025] FWCFB 283 [23].