AN120118 – Charitable, Aged and Disability Care Services (State) Award

53. AREA, INCIDENCE AND DURATION

(i) This award shall apply to all employees employed by employers that are members of the A.C.S. and/or C.C.E.R., excluding those in the County of Yancowinna, who are:

(a) within the jurisdiction of the Voluntary Care Association Employees' (State) Conciliation Committee who come within the Constitution Rule of the Health Services Union; and/or

(b) employed by or in connection with voluntary, religious, charitable and non-profit making private retirement villages, nursing homes and hostels for the aged in the private health, health-related and aged care industries, and nursing homes for the disabled in the private disability services industry, and who come within the Constitution Rule of the Health Services Union; and/or

(c) employed by or in connection with other accommodation support services and/or community residential units for disabled persons owned, managed or conducted by voluntary, religious, charitable and other non-profit making organisations in the private disability services industry and who come within the Constitution Rule of the Health Services Union.

(ii) Provided that this award shall not apply to persons substantially engaged in counselling, social welfare advice and referral, assessment of disability, design of disability services programs, or community development work in connection with services for the disabled or social workers or social educators properly so-called; provided this exclusion does not apply to persons eligible to become members of the Health Services Union who are employed as Residential Care Workers or Residential Services Assistants, and persons primarily engaged in supervising the work performed by disabled persons, or in domestic duties in Sheltered Workshops for the disabled.

(iii) Provided that, with respect to the Grand United Centenary Nursing Homes, employees employed prior to 15 July 1996 shall continue to be entitled to receive any benefit or benefits obtained in the Aged Care General Services (State) Award as varied which are greater than the benefit or benefits that are contained in this award.

(iv) This award shall not apply to:
 
(a) Novices, aspirants or persons who have taken the vows of religious orders.

(b) Persons who are employed in providing home care services to clients in private

residences which are not operated as an adjunct to a retirement village, nursing home, hostel, accommodation support service or community residential unit or where the provisions of the Miscellaneous Workers Home Care Industry (State) Award, as varied, apply.

(v) This award rescinds and replaces the Charitable, Aged and Disability Care Services (State) Award published on 25 January 2002 (330 I.G. 1023) and all variations thereof. This award shall take effect on 26 October 2001 but by administrative action will commence from the beginning of the first pay period on or after 1 July 2001 and shall have a nominal term till 30 June 2003.

(vi) The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) take effect on 22 October 2004.

(vii) This award remains in force until varied or rescinded, the period for which it was made having already expired.