MA000100

Social, Community, Home Care and Disability Services Industry Award 2010

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 11 September 2023 (PR765711).

Clause(s) affected by the most recent variation(s):

34—Public holidays

 

Current review matter(s): AM2014/47; AM2014/190; AM2014/196; AM2014/197; AM2014/285; AM2014/301; AM2015/2; AM2016/8; AM2016/15; AM2016/17; AM2016/24

 

Table of Contents

[Varied by PR995399, PR508061, PR532630, PR544519, PR546288, PR557581, PR573679, PR609429, PR610266, PR701503, PR718141, PR713525, PR740268, PR737905, PR747423, PR748510, PR750543, PR763307]

Part 1— Application and Operation............................................................................................... 4

1. Title................................................................................................................................ 4

2. Commencement and transitional..................................................................................... 4

3. Definitions and interpretation.......................................................................................... 5

4. Coverage......................................................................................................................... 7

5. Access to the award and the National Employment Standards........................................... 8

6. The National Employment Standards and this award......................................................... 8

7. Individual flexibility arrangements.................................................................................... 8

Part 2— Consultation and Dispute Resolution.............................................................................. 10

8. Consultation about major workplace change................................................................... 10

8A. Consultation about changes to rosters or hours of work.................................................. 11

9. Dispute resolution......................................................................................................... 11

Part 3— Types of Employment and Termination of Employment................................................... 12

10. Types of employment.................................................................................................... 12

11. Termination of employment........................................................................................... 16

12. Redundancy.................................................................................................................. 17

Part 4— Minimum Wages and Related Matters............................................................................ 18

13. Classifications................................................................................................................ 18

14. Salary Packaging............................................................................................................ 18

15. Minimum weekly wages for social and community services employees and crisis accommodation employees 19

16. Minimum weekly wages for family day care employees................................................... 25

17. Minimum weekly wages for home care employees.......................................................... 27

18. Supported wage system................................................................................................. 31

19. National Training Wage.................................................................................................. 31

20. Allowances.................................................................................................................... 31

21. District allowances......................................................................................................... 36

22. Accident pay................................................................................................................. 36

23. Superannuation............................................................................................................. 37

24. Payment of wages......................................................................................................... 39

Part 5— Hours of Work and Related Matters................................................................................ 40

25. Ordinary hours of work and rostering............................................................................. 40

26. Saturday and Sunday work............................................................................................. 47

27. Breaks........................................................................................................................... 48

28. Overtime and penalty rates............................................................................................ 48

29. Shiftwork...................................................................................................................... 51

30. Higher duties................................................................................................................ 52

30A. Requests for flexible working arrangements.................................................................... 52

Part 6— Leave and Public Holidays.............................................................................................. 53

31. Annual leave................................................................................................................. 53

32. Personal/carer’s leave and compassionate leave.............................................................. 57

32A. Parental leave and related entitlements.......................................................................... 57

33. Community service leave............................................................................................... 57

34. Public holidays.............................................................................................................. 57

35. Ceremonial leave........................................................................................................... 58

36. Family and domestic violence leave................................................................................ 58

Schedule A —Transitional provisions........................................................................................... 59

Schedule B —Classification Definitions—Social and Community Services Employees..................... 68

Schedule C —Classification Definitions—Crisis Accommodation Employees.................................. 88

Schedule D —Classification Definitions—Family Day Care Employees........................................... 99

Schedule E —Classification Definitions—Home Care Employees................................................. 102

Schedule F —Supported Wage System....................................................................................... 107

Schedule G —National Training Wage........................................................................................ 111

Schedule H —Agreement to Take Annual Leave in Advance........................................................ 112

Schedule I —Agreement to Cash Out Annual Leave.................................................................... 113


Part 1—Application and Operation

1.                      Title

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]

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]

casual employee has the meaning given by section 15A of the Act.

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 employer substituted by PR997772 from 01Jan10]

employer means national system employer within the meaning 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 social and community services sector varied by PR995399 ppc 26Mar10]

social and community services sector means the provision of social and community services including social work, recreation work, welfare work, youth work or community development work, including organisations which primarily engage in policy, advocacy or representation on behalf of organisations carrying out such work and the provision of disability services including the provision of personal care and domestic and lifestyle support to a person with a disability in a community and/or residential setting including respite centre and day services

[Note inserted by PR531544 ppc 21Nov12]

To avoid doubt, an employee will not be precluded from being engaged under Schedule B, instead of another schedule, merely because they provide services in a private residence or in outreach.

standard rate means the minimum wage for a Social and community services employee level 3 at pay point 3 in clause 15.3

transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

3.2                   Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4.                      Coverage

[Varied by PR995399, PR544809]

[4.1 varied by PR995399 ppc 26Mar10]

4.1                   This industry award covers employers throughout Australia in the:

(a)          crisis assistance and supported housing sector;

(b)         social and community services sector;

(c)          home care sector;

(d)         family day care scheme sector;

[4.1(e) deleted by PR995399 ppc 26Mar10]

and their employees in the classifications listed in Schedule B to Schedule E to the exclusion of any other modern award.

4.2                   The award does not cover employers and employees covered by any of the following awards:

(a)          Aged Care Award 2010;

(b)         Amusement, Events and Recreation Award 2010;

(c)          Fitness Industry Award 2010;

(d)         Health Professionals and Support Services Award 2010; or

(e)          Nurses Award 2010.

4.3                   The award does not cover an employee excluded from award coverage by the Act.

4.4                   The award does not cover employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.5                   The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.6                   This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

[4.7 substituted by PR544809 ppc 01Jan14]

4.7                   This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This clause operates subject to the exclusions from coverage in this award.

[4.8 inserted by PR544809 ppc 01Jan14]

4.8                   Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5.                      Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6.                      The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7.                      Individual flexibility arrangements

[Varied by PR542220; 7—Award flexibility renamed and substituted by PR610266 ppc 01Nov18]

7.1                   Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

7.2                   An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

7.3                   An agreement may only be made after the individual employee has commenced employment with the employer.

7.4                   An employer who wishes to initiate the making of an agreement must:

(a)          give the employee a written proposal; and

(b)         if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

7.5                   An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

7.6                   An agreement must do all of the following:

(a)          state the names of the employer and the employee; and

(b)         identify the award term, or award terms, the application of which is to be varied; and

(c)          set out how the application of the award term, or each award term, is varied; and

(d)         set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e)          state the date the agreement is to start.

7.7                   An agreement must be:

(a)          in writing; and

(b)         signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

7.8                   Except as provided in clause 7.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

7.9                   The employer must keep the agreement as a time and wages record and give a copy to the employee.

7.10               The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

7.11               An agreement may be terminated:

(a)          at any time, by written agreement between the employer and the employee; or

(b)         by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

Note: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in s.144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see s.145 of the Act).

7.12               An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13               The right to make an agreement under clause 7 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

Part 2—Consultation and Dispute Resolution

8.                      Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288, 8—Consultation renamed and substituted by PR610266 ppc 01Nov18]

8.1                   If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a)          give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b)         discuss with affected employees and their representatives (if any):

(i)            the introduction of the changes; and

(ii)           their likely effect on employees; and

(iii)         measures to avoid or reduce the adverse effects of the changes on employees; and

(c)          commence discussions as soon as practicable after a definite decision has been made.

8.2                   For the purposes of the discussion under clause 8.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

8.3                   Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

8.4