MA000100  PR525485

Download Word Document


FAIR WORK AUSTRALIA

ORDER

Fair Work Act 2009
s.302 - Equal remuneration order

Equal Remuneration Case
Australian Municipal, Administrative, Clerical and Services Union and others
(C2010/3131)

SOCIAL, COMMUNITY, HOME CARE AND DISABILITY SERVICES INDUSTRY AWARD 2010
[MA000100]

VICE PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT ACTON
COMMISSIONER HARRISON
COMMISSIONER CARGILL




SYDNEY, 22 JUNE 2012

Further to a decision [[2012] FWAFB 5184] issued by Fair Work Australia on 22 June 2012, the following equal remuneration order is made:

Table of contents

1. Title

2. Commencement and obligations

3. Definitions and interpretations

4. Coverage and application

5. Transitional Rates

6. Final Rates

7. Payment

8. Access to the Order

1. Title

This Order is the Social, Community and Disability Services Industry Equal Remuneration Order 2012.

2. Commencement and obligations

2.1 This Order shall commence on 1 July 2012 and shall continue in force and effect until further order of Fair Work Australia.

2.2 The monetary obligations imposed on employers by this Order may be absorbed into overaward payments. Nothing in this Order requires an employer to maintain or increase any overaward payment.

2.3 Where agreed between the employer and a full-time or part-time employee, an employer may introduce remuneration packaging in respect of the monetary obligations imposed by this Order. The terms and conditions of such a package must not, when viewed objectively, be less favourable than the entitlements otherwise available under the Award and this Order.

3. Definitions and interpretation

In this Order, 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 means the Social, Community, Home Care and Disability Services Industry Award 2010

award-based transitional instrument has the meaning in the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009 (Cth)

crisis assistance and supported housing sector means the provision of crisis assistance and supported housing services

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

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

Social, Community and Disability Services Industry means the crisis assistance and supported housing sector and the social and community services sector

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

4. Coverage and application

4.1 This Order covers employers throughout Australia in the Social, Community and Disability Services Industry and their employees in the classifications listed in Schedules B and C of the Award.

4.2 This Order covers any employer which supplies labour on an on-hire basis in the Social, Community and Disability Services Industry in respect of on-hire employees in classifications covered by Schedules B and C of the Award, and those on-hire employees, while engaged in the performance of work for a business in that industry.

5. Transitional Rates

5.1 Clauses 5.2 to 5.7 of this Order apply to an employer which from the first full pay period on or after 1 July 2012:

5.2 The payment in clause 5.3 of this Order shall be referred to as the “Transitional Minimum Wage”.

5.3 The employer must pay an employee no less than either:

5.4 The employer must apply any increase in minimum wages in the Award to the amounts in clause 5.3 of this Order.

5.5 In addition to the Transitional Minimum Wage in clause 5.3 of this Order, the employer must pay an employee a Transitional Equal Remuneration Payment as follows:

5.6 The payments in clauses 5.3 and 5.5 of this Order shall be regarded as part of the ordinary rate of pay for all purposes.

5.7 Clauses 5.2 to 5.6 of this Order cease to apply to an employer immediately before the beginning of the first full pay period on or after 1 December 2020.

6. Final Rates

6.1 The payments in clause 6.2 of this Order shall be referred to as the “Final Rate”.

6.2 From the first full pay period on or after 1 December 2020, the employer must pay an employee in a classification listed in Schedules B and C of the Award:

6.3 The Final Rate in clause 6.2 of this Order is equal to the following percentage of the applicable minimum wage in clause 15 of the Award:

Classification in Schedules B and C of the Award

Final Rate Percentage

   

Social and community services employee level 2

123%

   

Social and community services employee level 3
Crisis accommodation employee level 1

126%

   

Social and community services employee level 4
Crisis accommodation employee level 2

132%

   

Social and community services employee level 5
Crisis accommodation employee level 3

137%

   

Social and community services employee level 6
Crisis accommodation employee level 4

140%

   

Social and community services employee level 7

142%

   

Social and community services employee level 8

145%

6.4 The payments in clause 6.2 of this Order shall be regarded as part of the ordinary rate of pay for all purposes.

7. Payment

Payments made by an employer in accordance with this Order must be paid weekly or fortnightly by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee, unless other arrangements are made in an enterprise agreement approved under the Act.

8. Access to the Order

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

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

<Price code C>