AN120505 – Social and Community Services Employees (State) Award
60. AREA, INCIDENCE AND DURATION
60.1 Except as provided for in sub-clauses 60.2 to 60.7 of this clause, this Award shall be binding on the industry of persons employed in or in connection with the industry of social and/or welfare work in the State of New South Wales, whether as employers or as employees and whether members of a registered association or not.
60.2 This Award shall not be binding on persons eligible to be members of The Federated Miscellaneous Worker’s Union of Australia, New South Wales Branch, as at 20th September 1986 provided that this exclusion will not apply, to the extent it might otherwise, to persons employed: as coordinators in a multi-purpose neighbourhood centre that encompasses a child care facility; in residential child care services providing welfare and social support in a residential setting (including family group homes or institutional care for children) where such services are distinct from :
(a) sessional care to pre-school children, long day care, extended hours care or 24-hour care;
(b) before and after school care;
(c) playgroups;
(d) occasional care;
(e) vacation care;
(f) multi-purpose child care;
as community development workers; in family counselling and support services; in women’s and youth refuges; as Family Day Care Coordinators and Family Day Care Child Development Officers.
60.3 This Award shall not apply to persons eligible for membership of the Public Service Association of New South Wales and who are employed:
(a) pursuant to the provisions of :
(i) the Public Sector Management Act 2002; or
(ii) the Health Administration Act 1982; or
(iii) the Health Services Act 1997; or
(iv) any Act replacing the said Acts; or
(b)
(i) in or by any Department, body, organisation or group within the terms of the Public Sector Management Act 1988 or any Act replacing that Act, irrespective of whether it remains or continues to be a Department, body, organisation or group in terms of the said Act; or
(ii) in or by any Declared Authority within Schedule 3 of the Public Sector Management Act 1988 irrespective of whether it remains or continues to be a Declared Authority in terms of the said Act; or
(iii) as a ministerial employee; or
(iv) by Ministers of the Crown in the right of the State of New South Wales or in the offices of such Ministers; or
(v) by the Electricity Commission of N.S.W.; or
(vi) by the Roads and Traffic Authority; or
(vii) by the Homebush Abattoir Corporation; or
(viii) by hospitals included in the 2nd, 3rd or 5th schedule of the Public Hospitals Act 1929 or any Act replacing it, by public hospitals or by public dental clinics; or
(ix) by colleges of advanced education; or
(x) by any university; or
(xi) in or by the Legislative Assembly and/or Legislative Council of the State of New South Wales; or
(xii) by the New South Wales Egg Corporation; or
(xiii) by the New South Wales Education Commission or its agents; or
(xiv) by any person employed as an Associate to a Justice; or
(xv) at the Sexually Transmitted Diseases Clinic and the Medical Examination and Immunisation Centre; or
(xvi) in or by :
The Drug and Alcohol Authority;
New South Wales State Cancer Council;
The United Hospitals Auxiliary;
The Institute of Psychiatry; or
(xvii) in or in connection with the administration of any body (whether incorporated or unincorporated) established for the purpose of registering persons for the practice of any profession, calling or vocation in the State of New South Wales; or
(xviii) In or in connection with the provision of medical services in penal or like establishments deemed or proclaimed to be a prison under the Prisons Act 1952, or any Act replacing the said Act; or
(xix) by an employer or at any place of employment replacing any of the foregoing employers or places of employment, as the case may be; or
(c) by any organisations registered or exempt from registration under the Charitable Fundraising Act 1991, who are graduates or graduands of a recognised university or who hold a diploma of a recognised body and are engaged in any of the following callings or vocations whether as principal or assistant employees or employees in training:
Bacteriologist, Pathologist, Medical Scientist, Scientific Officer, Bio-Medical Engineer, Physician Surgeon, Dental Scientist, Dentist, Optometrist, Oculist, Audiologist, Speech Therapist, Occupational Therapist, Music Therapist, Dietician, Physiotherapist, Chiropodist (or Podiatrist), or Remedial Gymnast, together with such other employees who are engaged or usually engaged in the callings or vocations of Chiropodist (or Podiatrist) or Remedial Gymnast, whether as principal or assistant employees or as employees in training who hold a certificate of a technical college or of any institution deemed by the employer to be of a similar standing; or
(d) in regional offices of any Department of State or corporation or body established by statute administering or providing health services in the State of New South Wales including such persons whose employment fulfils a function of a regional nature but who, due to the nature of their duties, are not employed within the precincts of that office, and in or by area or community health services (howsoever called) where these area or community health services have replaced services carried on or provided by a person or body referred to in paragraph (B) of this subclause; or
(e) by the Home Care Service of New South Wales; or
(f) persons employed in classifications within the jurisdiction of the Private Hospital (Professional Employees) (State) Conciliation Committee; persons in classifications defined by the Private Hospital and Nursing Home (Professional Employees) (State) Award; persons in classifications defined by the Charitable Institutions (Professional - Paramedical Staff) (State) Award; persons in classifications defined by the Charitable Institutions (Medical Officers) (State) Award and persons in classifications defined by the Charitable Institutions (Professional Staff Social Workers) Award or any awards replacing these awards.
60.4 This Award shall not be binding on persons eligible for membership of The Health and Research Employees’ Association of New South Wales who are employed by the employing authority for each of the following: hospitals, mental hospitals, hospital dispensaries, medical schools, laboratories, colleges, industrial and other similar homes, ambulance work (including first-aid work), general nursing, reception homes, sanatoria, rest homes which are wholly or partly controlled by the Board of Health, non-residential special schools and the universities; or persons eligible for membership of The Health and Research Employees’ Association of New South Wales who are employed by a public charitable institution that owns, manages and/or conducts homes, institutions, hostels, nursing homes, hospitals, rehabilitation facilities, community day-care centres and/or provides domiciliary services for care of the aged or for the care of the physically or mentally or developmentally disabled. Provided that this exclusion will 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 applies to residential care workers and persons primarily engaged in supervising the work performed by disabled persons or in domestic duties in Sheltered Workshops for the disabled.
60.5 This Award shall not apply to persons employed by:-
Ashton House, Maroubra Junction;
Ferguson Lodge, Lidcombe;
Foundation for Disabled, Llandilo;
Greystanes Children Home, Leura;
Handicapped Children’s Centre, Kirrawee;
Illawarra Society for Cripple Children;
Inala, Pennant Hills;
Kurinda Residential Services, Seven Hills;
Lonsdale House Hostel;
Lorna Hodgkinson Sunshine Home, Gore Hill;
Mannix Children’s Centre, Liverpool;
Multiple Sclerosis Society of NSW, Lidcombe;
Newcastle & District Association for Crippled Children;
NSW Society for Young Adults and Children with Physical Disabilities, Beverley Park, Tamworth and Wagga;
Richmond Fellowship of NSW at Glebe;
Royal Far West Children’s Health Service & Services for the Aged;
Stewart House, Curl Curl;
Sunnyfield Association, Allambie Heights;
Whitehall Children’s Home, Revesby;
Spastic Centre of New South Wales;
Royal New South Wales Institute for Deaf and Blind Children.
60.6 This Award shall not apply to persons engaged in any clerical capacity, including those engaged in the occupation of shorthand writers and typists and/or in calculating, billing and/or other machines designed to perform or assist in performing any clerical work whatsoever, and/or including telephonists and persons employed as canvassers (other than canvassers for the sale of goods) and/or collectors and clear-out men.
60.7 This Award shall not be binding on persons employed in the provision of Family Day Care services funded pursuant to the Australian Government’s Children’s Services Program.
60.8
(a) This Award rescinds and replaces the Social and Community Services Employees (State) Award reprinted and published 2 August 2002 (335 I.G. 559), and all variations thereto, and shall commence from the beginning of the first pay period to commence on or after 3 March 2006 and shall remain in force for a period of three (3) years.
(b) In making this Award, the parties have had regard to the requirements of s19 of the Industrial Relations Act 1996.
