The applicant agency group requested the Commission to clarify the meaning of an exemption in the scope clause of the Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011 (CASHI Award). The CASHI Award's scope is defined in clause 4.1, which adopts an industry coverage approach, referencing the crisis assistance and supported housing industry. Clause 4.2 outlines four exemptions from the scope, including services specifically for aged, infirm, physically, psychiatrically, or developmentally disabled persons, persons suffering from drug or alcohol addiction, or children under twelve years old.

The applicant posed several questions regarding the exemption, including whether "supported and/or related support services" should be read as "supported housing and/or related support services" and whether “services specifically for children under twelve years old” include those provided to such children in their own right or only incidentally to children who are dependents of adults or older youths. The core issue was the breadth of the carve-out, questioning whether an employee engaged in crisis assistance and supported housing services for children both under and over twelve years old is included in the scope or exempt.

Senior Commissioner Cosentino concluded that the phrase "supported and/or related support services" in clause 4.2(3) is nonsensical due to the omission of a word. After considering the text of the CASHI Award and its origins, the Senior Commissioner determined that the missing word is "housing" and ordered the CASHI Award to be varied accordingly. Regarding the phrase "specifically for children under the age of twelve years," the Senior Commissioner found ambiguity and concluded that the services must be intended to be provided to the specified categories of people, with the word "specifically" meaning that the services are targeted towards the described group, and not for that group solely to the exclusion of all others.

The decision can be read here.