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

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

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 15 March 2023 (PR750543).

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

10 —Types of employment

36 —Family and domestic violence leave

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]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

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

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Salary Packaging

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

16. Minimum weekly wages for family day care employees

17. Minimum weekly wages for home care employees

18. Supported wage system

19. National Training Wage

20. Allowances

21. District allowances

22. Accident pay

23. Superannuation

24. Payment of wages

Part 5—Hours of Work and Related Matters

25. Ordinary hours of work and rostering

26. Saturday and Sunday work

27. Breaks

28. Overtime and penalty rates

29. Shiftwork

30. Higher duties

30A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

31. Annual leave

32. Personal/carer’s leave and compassionate leave

33. Community service leave

34. Public holidays

35. Ceremonial leave

36. Family and domestic violence leave

Schedule A—Transitional provisions

Schedule B—Classification Definitions—Social and Community Services Employees

Schedule C—Classification Definitions—Crisis Accommodation Employees

Schedule D—Classification Definitions—Family Day Care Employees

Schedule E—Classification Definitions—Home Care Employees

Schedule F—Supported Wage System

Schedule G—National Training Wage

Schedule H—Agreement to Take Annual Leave in Advance

Schedule I—Agreement to Cash Out Annual Leave

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

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

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

9. 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 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 8.1(b).

8.5 In clause 8:

    significant effects,on employees,includes any of the following:

    (a) termination of employment;or

    (b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

    (c) loss of,or reduction in,job or promotion opportunities;or

    (d) loss of,or reduction in,job tenure;or

    (e) alteration of hours of work;or

    (f) the need for employees to be retrained or transferred to other work or locations;or

    (g) job restructuring.

8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.

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

[8A inserted by PR610266 ppc 01Nov18]

8A.1 Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

8A.3 For the purpose of the consultation,the employer must:

    (a) provide to the employees and representatives mentioned in clause 8A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

    (b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

8A.4 The employer must consider any views given under clause 8A.3(b).

8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

9. Dispute resolution

[Varied by PR542220;substituted by PR610266 ppc 01Nov18]

9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

9.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.

9.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

9.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

9.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 9.

9.8 While procedures are being followed under clause 9 in relation to a dispute:

    (a) work must continue in accordance with this award and the Act;and

    (b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace, that is safe and appropriate for the employee to perform.

9.9 Clause 9.8 is subject to any applicable work health and safety legislation.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

[Varied by PR995399,PR539625,PR598488,PR700613,PR733862,PR737905,PR750543]

10.1 Employment categories

    (a) Employees under this award will be employed in one of the following categories:

      (i) full-time employment;

      (ii) part-time employment;or

      (iii) casual employment.

    (b) At the time of engagement,an employer will inform each employee the basis of their employment. An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill,competence and training,consistent with the respective classification.

10.2 Full-time employment

    A full-time employee is one who is engaged to work 38 hours per week or an average of 38 hours per week.

10.3 Part-time employment

[10.3 substituted by PR737905 ppc 01Jul22]

    (a) A part-time employee is one who is engaged to work less than 38 hours per week or an average of less than 38 hours per week and who has reasonably predictable hours of work.

    (b) The terms of this award will apply to part-time employees on a pro-rata basis on the basis that the ordinary weekly hours of work for full-time employees are 38.

    (c) Before commencing employment,the employer and employee will agree in writing on:

      (i) a regular pattern of work including the number of ordinary hours to be worked each week (the guaranteed hours),and

      (ii) the days of the week the employee will work and the starting and finishing times each day.

    (d) The agreed regular pattern of work does not necessarily have to provide for the same guaranteed hours each week.

    (e) The agreement made pursuant to clause 10.3(c) may subsequently be varied by agreement between the employer and employee in writing. Any such agreement may be ongoing or for a specified period of time.

    (f) An employer must not require a part-time employee to work additional hours in excess of their guaranteed hours. However,an employee may agree to work hours that are additional to their guaranteed hours.

    (g) Review of guaranteed hours

      (i) Where a part-time employee has regularly worked more than their guaranteed hours for at least 12 months,the employee may request in writing that the employer vary the agreement made under clause 10.3(c),or as subsequently varied under clause 10.3(e),to increase their guaranteed hours.

      (ii) The employer must respond in writing to the employee’s request within 21 days.

      (iii) The employer may refuse the request only on reasonable business grounds.

      (iv) Before refusing a request made under clause 10.3(g)(i),the employer must discuss the request with the employee and genuinely try to reach agreement on an increase to the employee’s guaranteed hours that will give the employee more predictable hours of work and reasonably accommodate the employee’s circumstances.

      (v) If the employer and employee agree to vary the agreement made under clause 10.3(c),the employer’s written response must record the agreed variation.

      (vi) If the employer and employee do not reach agreement,the employer’s written response must set out the grounds on which the employer has refused the employee’s request.

      (vii) Clause 10.3(g) is intended to operate in conjunction with clause 10.3(e) and does not prevent an employee and employer from agreeing to vary the agreement made under clause 10.3(c) in other circumstances.

      (viii) An employee cannot make a request for a review of their guaranteed hours when:

        (A) The employee has refused a previous offer to increase their guaranteed hours in the last 6 months;or

        (B) The employer refused a request from the employee to increase their guaranteed hours based on reasonable business grounds in the last 6 months.

10.4 Casual employment

[10.4(a) deleted by PR733862 from 27Sep21]

[10.4(b) renumbered as 10.4(a) by PR733862 from 27Sep21;10.4(a) renumbered as 10.4 by PR737905 ppc 01Jul22;varied by PR750543 ppc 15Mar23]

    A casual employee will be paid per hour calculated at the rate of 1/38th of the weekly rate appropriate to the employee’s classification. In addition,a loading of 25% of that rate will be paid.

[Note inserted by PR750543 ppc 15Mar23]

    NOTE:The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.

[10.4(b) deleted by PR737905 ppc 01Jul22]

10.5 Minimum payments for part-time and casual employees

[New 10.5 inserted by PR737905 ppc 01Jul22]

    Part-time and casual employees will be paid for the following minimum number of hours,at the appropriate rate,for each shift or period of work in a broken shift:

    (a) social and community services employees (except when undertaking disability services work)—3 hours;

    (b) all other employees—2 hours.

10.5A Transitional arrangements applying to minimum payments for part-time employees

[10.5A inserted by PR737905 ppc 01Feb22]

    Clause 10.5A operates from 1 February 2022 until 1 October 2022.

    NOTE:From 1 July 2022,this award will include a requirement for part-time employees to be paid for the following minimum number of hours,at the appropriate rate,for each shift or period of work in a broken shift:social and community services employees (except when undertaking disability services work)—3 hours;all other employees—2 hours (the minimum payment requirements). This clause provides transitional arrangements for the minimum payment requirements.

    (a) Clause 10.5A applies in relation to agreements made under clause 10.3(c) before 1 February 2022,where the employee’s agreed regular pattern of work includes shifts or periods of work in broken shifts of less than:

      (i) 3 hours for social and community services employees (except when undertaking disability services work);

      (ii) 2 hours for all other employees.

    (b) The employer must discuss the relevant minimum payment requirements with the employee and genuinely try to reach agreement on a variation to the agreement made under clause 10.3(c) that will make each of the employee’s shifts or periods of work in broken shifts consistent with the hours specified in clause 10.5A(a)(i) or (ii) and will reasonably accommodate the employee’s circumstances.

    (c) Notwithstanding any prior agreement between the employer and the employee and despite clause 10.3(e),if the employer has genuinely tried to reach an agreement with the employee under clause 10.5A(b) but an agreement is not reached (including because the employee refuses to confer),the employer may vary the agreement made under clause 10.3(c) to provide for shifts or periods of work in broken shifts that are consistent with the hours specified in clause 10.5A(a)(i) or (ii),by providing 42 days’notice to the employee in writing.

    (d) A variation by the employer under clause 10.5A(c) varies the agreement between the employer and employee made under clause 10.3(c).

    (e) A variation made under clause 10.5A(c) must not come into operation before 1 July 2022.

    (f) Clause 10.5A(c) is intended to operate in conjunction with clause 10.3(e) and does not prevent an employee and employer from agreeing to vary the agreement made under clause 10.3(c) in other circumstances.

10.6 Offers and requests for casual conversion

[10.5 inserted by PR700613;renamed and substituted by PR733862 ppc 27Sep21;10.5 renumbered as 10.6 by PR737905 ppc 01Jul22]

    Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

    NOTE:Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 9Dispute resolution.

11. Termination of employment

[12 substituted by PR610266 ppc 01Nov18]

Note:The NES sets out requirements for notice of termination by an employer. See ss.117 and 123 of the Act.

11.1 Notice of termination by an employee

    (a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.

    (b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

      Table 1—Period of notice

    Column 1
    Employee’s period of continuous service with the employer at the end of the day the notice is given

    Column 2
    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

      Note:The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

    (c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.

    (d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

    (e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).

    (f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.

11.2 Job search entitlement

    Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

11.3 The time off under clause 11.2 is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR503704,PR539625,PR539803,PR561478;substituted by PR701683 ppc 03May19]

NOTE:Redundancy pay is provided for in the NES. See sections 119–123 of the Act.

12.1 Transfer to lower paid duties on redundancy

    (a) Clause 12.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

    (b) The employer may:

      (i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or

      (ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in paragraph (c).

    (c) If the employer acts as mentioned in paragraph (b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

12.2 Employee leaving during redundancy notice period

    (a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

    (b) The employee is entitled to receive the benefits and payments they would have received under clause 12 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.

    (c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

12.3 Job search entitlement

    (a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

    (b) If an employee is allowed time off without loss of pay of more than one day under paragraph (a),the employee must,at the request of the employer,produce proof of attendance at an interview.

    (c) A statutory declaration is sufficient for the purpose of paragraph (b).

    (d) An employee who fails to produce proof when required under paragraph (b) is not entitled to be paid for the time off.

    (e) This entitlement applies instead of clauses 11.2 and 11.3.

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Salary Packaging

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

16. Minimum weekly wages for family day care employees

17. Minimum weekly wages for home care employees

18. Supported wage system

19. National Training Wage

20. Allowances

21. District allowances

22. Accident pay

23. Superannuation

24. Payment of wages

13. Classifications

[13.1 varied by PR995399 ppc 26Mar10]

13.1 The definitions for the classification levels in clauses 15 to 17 are contained in Schedule B to Schedule E.

13.2 Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.

13.3 Progression

    (a) At the end of each 12 months’continuous employment,an employee will be eligible for progression from one pay point to the next within a level if the employee has demonstrated competency and satisfactory performance over a minimum period of 12 months at each level within the level and:

      (i) the employee has acquired and satisfactorily used new or enhanced skills within the ambit of the classification,if required by the employer;or

      (ii) where an employer has adopted a staff development and performance appraisal scheme and has determined that the employee has demonstrated satisfactory performance for the prior 12 months’employment.

    (b) Movement to a higher classification will only occur by way of promotion or re-classification.

14. Salary Packaging

Where agreed between the employer and a full-time or part-time employee,an employer may introduce remuneration packaging in respect of salary,as provided for in clauses 15 to 17. The terms and conditions of such a package must not,when viewed objectively,be less favourable than the entitlements otherwise available under this award.

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

[Varied by PR997934,PR503704,PR509131,PR526106, PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR737905,PR740786;corrected by PR743157;varied by PR743155]

[Note inserted by PR503704 ppc 01Jan11;administratively amended in accordance with decision [2012] FWAFB 5184;Note 1 and Note 2 deleted by PR737905 ppc 01Jul22]

15.1 Social and community services employee level 1

[15.1 varied by PR997934,PR509131,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1

    880.10

    Pay point 2

    908.50

    Pay point 3

    940.90

15.2 Social and community services employee level 2

[15.2 varied by PR997934,PR509131,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1

    940.90

    Pay point 2

    970.40

    Pay point 3

    999.90

    Pay point 4

    1026.60

15.3 Social and community services employee level 3

    Crisis accommodation employee level 1

[15.3 varied by PR997934,PR509131,PR526106,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1 (associate diploma/advanced certificate)

    1026.60

    Pay point 2

    1056.10

    Pay point 3 (3 year degree)

    1078.70

    Pay point 4 (4 year degree)

    1100.80

15.4 Social and community services employee level 4

    Crisis accommodation employee level 2

[15.4 varied by PR997934,PR509131,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1

    1130.30

    Pay point 2

    1159.80

    Pay point 3

    1189.60

    Pay point 4

    1216.20

15.5 Social and community services employee level 5

    Crisis accommodation employee level 3

[15.5 varied by PR997934,PR509131,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1

    1245.90

    Pay point 2

    1272.60

    Pay point 3

    1302.30

15.6 Social and community services employee level 6

    Crisis accommodation employee level 4

[15.6 varied by PR997934,PR509131,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1

    1332.00

    Pay point 2

    1361.30

    Pay point 3

    1390.80

15.7 Social and community services employee level 7

[15.7 varied by PR997934,PR509131,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1

    1420.30

    Pay point 2

    1450.10

    Pay point 3

    1479.60

15.8 Social and community services employee level 8

[15.8 varied by PR997934,PR509131,PR522962,PR536765,PR551688,PR566780,PR579887,PR592201,PR606426,PR707517,PR718918,PR729360,PR740786 ppc 01Jul22]

     

    Per week
    $

    Pay point 1

    1509.10

    Pay point 2

    1538.70

    Pay point 3

    1568.50

[New Note 1 inserted by PR737905 ppc 01Jul22]

NOTE 1:A transitional pay equity order taken to have been made pursuant to item 30A of Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) has effect in accordance with that item. Transitional pay equity orders operate in Queensland as provided for in items 30A (6) and (7).

[New Note 2 inserted by PR737905 ppc 01Jul22;varied by PR740786 ppc 01Jul22;corrected by PR743157;varied by PR743155 ppc 01Jul22]

NOTE 2: An equal remuneration order [PR525485] also applies to employees in the classifications in Schedule B—Classification Definitions—Social and Community Services Employees and Schedule C—Classification Definitions—Crisis Accommodation Employees of this award. The final rates of pay resulting from the equal remuneration order are set out below. The ‘current hourly wage’and ‘current weekly wage’in the tables below form employees’ordinary rates of pay for all purposes:

Equal remuneration rates for applicable Social and Community Services employees

 

Clause

Minimum weekly wage

Final Rate ERO Percentage

Current weekly wage

Current hourly wage

Classification

 

$

%

$

$

Social and community services employee level 2

15.2

    

Pay point 1

 

940.90

123

1157.31

30.46

Pay point 2

 

970.40

123

1193.59

31.41

Pay point 3

 

999.90

123

1229.88

32.37

Pay point 4

 

1026.60

123

1262.72

33.23

Social and community services employee level 3

15.3

    

Pay point 1 (associate diploma/advanced certificate)

 

1026.60

126

1293.52

34.04

Pay point 2

 

1056.10

126

1330.69

35.02

Pay point 3 (3 year degree)

 

1078.70

126

1359.16

35.77

Pay point 4 (4 year degree)

 

1100.80

126

1387.01

36.50

Social and community services employee level 4

15.4

    

Pay point 1

 

1130.30

132

1492.00

39.26

Pay point 2

 

1159.80

132

1530.94

40.29

Pay point 3

 

1189.60

132

1570.27

41.32

Pay point 4

 

1216.20

132

1605.38

42.25

Social and community services employee level 5

15.5

    

Pay point 1

 

1245.90

137

1706.88

44.92

Pay point 2

 

1272.60

137

1743.46

45.88

Pay point 3

 

1302.30

137

1784.15

46.95

Social and community services employee level 6

15.6

    

Pay point 1

 

1332.00

140

1864.80

49.07

Pay point 2

 

1361.30

140

1905.82

50.15

Pay point 3

 

1390.80

140

1947.12

51.24

Social and community services employee level 7

15.7

    

Pay point 1

 

1420.30

142

2016.83

53.07

Pay point 2

 

1450.10

142

2059.14

54.19

Pay point 3

 

1479.60

142

2101.03

55.29

Social and community services employee level 8

15.8

    

Pay point 1

 

1509.10

145

2188.20

57.58

Pay point 2

 

1538.70

145

2231.12

58.71

Pay point 3

 

1568.50

145

2274.33

59.85

Equal remuneration rates for Crisis Accommodation employees

Clause

Minimum weekly wage

Final Rate ERO Percentage

Current weekly wage

Current hourly wage

Classification

 

$

%

$

$

Crisis accommodation employee Level 1

15.3

    

Pay point 1 (associate diploma/advanced certificate)

 

1026.60

126

1293.52

34.04

Pay point 2

 

1056.10

126

1330.69

35.02

Pay point 3 (3 year degree)

 

1078.70

126

1359.16

35.77

Pay point 4 (4 year degree)

 

1100.80

126

1387.01

36.50

Crisis accommodation employee level 2

15.4

    

Pay point 1

 

1130.30

132

1492.00

39.26

Pay point 2

 

1159.80

132

1530.94

40.29

Pay point 3

 

1189.60

132

1570.27

41.32

Pay point 4

 

1216.20

132

1605.38

42.25

Crisis accommodation employee level 3

15.5

    

Pay point 1

 

1245.90

137

1706.88

44.92

Pay point 2

 

1272.60

137

1743.46

45.88

Pay point 3

 

1302.30