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Social, Community, Home Care and Disability Services Industry Award 2010
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 25 September 2024 (PR779588).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
Schedule B—Classification Definitions—Social and Community Services Employees
Table of Contents
[Varied by PR995399, PR508061, PR532630, PR544519, PR546288, PR557581, PR573679, PR609429, PR610266, PR701503, PR718141, PR713525, PR740268, PR737905, PR747423, PR748510, PR750543, PR763307, PR774828, PR778073]
5. Access to the award and the National Employment Standards................................... 9
Schedule B —Classification Definitions—Social and Community Services Employees......... 82
Schedule C —Classification Definitions—Crisis Accommodation Employees...................... 106
Schedule D —Classification Definitions—Family Day Care Employees................................ 119
Part 1—Application and Operation
This award is the Social, Community, Home Care and Disability Services Industry Award 2010.
2. Commencement and transitional
[Varied by PR542220]
2.1 This award commences on 1 January 2010.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:
· minimum wages and piecework rates
· casual or part-time loadings
· Saturday, Sunday, public holiday, evening or other penalties
· shift allowances/penalties.
[2.4 varied by PR542220 ppc 04Dec13]
2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
[2.5 varied by PR542220 ppc 04Dec13]
2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.
[2.6 varied by PR542220 ppc 04Dec13]
2.6 The Fair Work Commission may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or
(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3. Definitions and interpretation
[Varied by PR995399, PR997772, PR503704, PR531544, PR546089, PR733862, PR774828, PR777334; PR779588]
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of casual employee inserted by PR733862 from 27Sep21; varied by PR777334 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
crisis assistance and supported housing sector means the provision of crisis assistance and supported housing services
[Definition of default fund employee inserted by PR546089 ppc 01Jan14]
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of defined benefit member inserted by PR546089 ppc 01Jan14]
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of disability services sector deleted by PR995399 ppc 26Mar10]
[Definition of Division 2B State award inserted by PR503704 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503704 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of employee substituted by PR997772 from 01Jan10]
employee means national system employee within the meaning of the Act
[Definition of employee organisation inserted by PR774828 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
[Definition of employer substituted by PR997772 from 01Jan10]
employer means national system employer within the meaning of the Act
[Definition of enterprise inserted by PR774828 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of exempt public sector superannuation scheme inserted by PR546089 ppc 01Jan14]
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
family day care scheme sector means the operation of a family day care scheme for the provision of family day care services
home care sector means the provision of personal care, domestic assistance or home maintenance to an aged person or a person with a disability in a private residence
[Definition of MySuper product inserted by PR546089 ppc 01Jan14]
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client
[Definition of small business employer inserted by PR774828 from 01Jul24]
small business em