Charitable, Aged and Disability Care Services (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 265 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete clause 1, Arrangement of the award published 27 January 2012 (372 I.G. 127) and insert in lieu thereof the following:

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Definitions

3.        Anti-Discrimination

4.        Employment Classifications

5.        Wages

6.        Remuneration Packaging

7.        Hours

8.        Roster of Hours

9.        Meals

10.      Overtime

11.      Permanent Part-time Employee

12.      Casual Employee

13.      Temporary Employment

14.      Climatic and Isolation Allowances

15.      Penalty Rates and Shift Allowances

16.      Live-in Housekeeper-Remuneration

17.      Allowances for Special Working Conditions

18.      Public Holidays

19.      Annual Leave

20.      Annual Leave Loading

21.      Long Service Leave

22.      Sick Leave

23.      Personal/Carer’s Leave

24.      Compassionate Leave

25.      Leave Without Pay

26.      Payment and Particulars of Wages

27.      Service Allowance

28.      Leading Hands

29.      Higher Duties

30.      Uniforms and Protective Clothing

31.      Sleepovers

32.      Live-in

33.      Grievance and Dispute Resolution Procedures

34.      Attendance at Meetings

35.      Labour Flexibility & Mixed Functions

36.      Promotions and Appointments

37.      Emergency Telephone Calls

38.      Parental Leave

39.      Repatriation Leave

40.      Union Representative

41.      Apprentices

42.      Redundancy

43.      Termination of Employment

44.      Notice Board

45.      Accommodation and Amenities

46.      Inspection of Lockers

47.      Consultative Arrangements

48.      Training

49.      Leave reserved

50.      Reasonable Hours

51.      Secure Employment

52.      Area, Incidence and Duration

 

PART B

 

Table 1 - Monetary Rates

Table 2 - Other Rates and allowances

 

2.        Delete clause 2, Definitions and insert in lieu thereof the following:

 

2.  Definitions

 

"Adult Service" - means service with an employer during which the worker received a rate of pay not less than the lowest rates fixed by this award for an adult, in the same classification as the worker, or the employee is on the age scale at 18 years and over.

 

"A.C.S." - means the Aged and Community Services Association of NSW and ACT Inc., a registered organisation of employers that is party to this award.

 

"C.C.E.R." - means the Catholic Commission for Employment Relations that is an employer party to this award.

 

"Day Worker" - means an employee who works their ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 a.m. and at or before 10:30 a.m., otherwise than as part of a shift system.

 

"Engagement" - means time that an employee is engaged in homecare services with the client/s joined by the time taken to travel between clients, meal breaks, and rest periods, including overtime worked continuously after the engagement.

 

"Homecare Residence" - means the homecare client’s place of abode.

 

"Ordinary Pay" - includes base pay and over-award payments for ordinary hours of work; Climatic and Isolation allowances; Leading Hand allowance; and Service allowance. It does not include shift or weekend penalties.

 

"School Based Apprentice" is an employee who is undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.  The school based apprenticeship may commence upon the completion of the Year 10 School Certificate exams.  Such school based apprenticeships are undertaken at a minimum Certificate III Australian Qualifications Framework (AQF) qualification level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001.

 

 "Shift Worker" - means an employee who is not a day worker as defined.

 

"Union" means HSUeast.

 

3.        Delete the classification Grade 4 of subclause (i), Care Service Employees, of Clause 4, Employment Classifications, and insert in lieu thereof the following:

 

GRADE 4

 

Level One

 

An employee who holds a Certificate IV in Aged Care Work (CHC40108) or other appropriate Qualification/Experience acceptable to the employer and is required to act on it, and

 

is designated by the employer as having responsibility for leading and/or supervising the work of others in excess of that required of a CSE 3; and

 

is required to work individually with minimal/ indirect supervision.

 

Employees at Grade 4 may be required to exercise any/all managerial functions in relation to the operation of the facility and comply with documentation requirements as determined by the employer.

 

Indicative tasks an employee at this level may perform are as follows.

 

Typical Duties

 

CARE STREAM	SUPPORT STREAM	MAINTENANCE STREAM
Overall responsibility for the	Coordinate and direct the work of	Coordinate and direct the
provision of personal care to	staff involved with the	work of staff performing
residents.	preparation and delivery of food.	gardening duties.
Coordinate and direct the work of	Schedule work programs.	Schedule gardening work
staff.		programs.
Schedule work programs.		Where required, let routine
		service contracts associated
		with gardening.

 

Level Two

 

An employee who is required to deliver medication to residents in facilities:

 

previously defined as Nursing Homes (as at 31 December 2004) by the Nursing Homes Act, 1988; or

 

in which more than 80% of places are "allocated high care places" as defined in the Aged Care Act 1997 (Clth).

 

An employee at this level must hold the following qualifications, which may be varied from time to time by the relevant National Vocational, Education and Training Body:

 

a Certificate III in Aged Care Work (CHC30208); and

 

a Certificate IV in Aged Care Work (CHC40108); and

 

medication module - "Provide Physical Assistance with Medication" (CHCCS303A).

 

or

 

Hold other appropriate qualification acceptable to the employer.

 

Employees at this level may be required to perform the duties of a CSE 4 - Level 1.

 

4.        Delete (b), Live-In Housekeeper of clause 4, Employment Classifications and insert in lieu thereof the following:

 

(b)      Live-in Housekeeper

 

"Live-in Housekeeper" - shall mean an employee who would normally live at the client’s premises for a period in excess of 48 hours.

 

(1)     

 

(A)     "Live-in Housekeeper-Grade 1" is an employee employed to perform general housekeeping duties only. General Housekeeping means preparing meals, cleaning, laundry, shopping and household duties of a like nature and handyperson work within the skill, competence and training of the employee and excludes personal care.

 

(B)      "Live-in Housekeeper/Carer-Grade 2" is an employee employed to perform housekeeping duties as defined in Grade 1 and the personal care duties of a Grade 2 as described in paragraph (a) of subclause (ii) of this clause.

 

(C)      "Live-in Housekeeper/Carer-Grade 3" is an employee employed to perform general housekeeping duties as defined in Grade 1 and the personal care duties of a Grade 2 and 3 as described in the said paragraph (a).

 

(2)      Designated commencement and cessation of work insofar as place, date and time are concerned shall be calculated by the employer. Provided that time spent travelling shall be regarded as time worked.

 

(3)      In the event of work appropriate to a Live-in Housekeeper not being available:

 

(A)     A Live-in Housekeeper can be required to undertake work performed by other Homecare Employees. Provided that where such work is directed and carried out it shall be paid at the rates and conditions for a live-in housekeeper; and,

 

(B)      In the event of work not being available the Secretary or other responsible officer of the HSUeast will be contacted. During this period of time the Live-in Housekeeper will not suffer any reduction in pay.

 

5.        Delete subclause (ii) of clause 18, Public Holidays and insert in lieu thereof the following:

 

(ii)       For the purposes of this award, the following shall be deemed to be public holidays:  New Year's Day;  Australia Day;  Good Friday;  Easter Saturday;  Easter Sunday; Easter Monday;  Anzac Day;  Queen's Birthday;  Labour Day;  Christmas Day;  Boxing Day.

 

6.        Delete clause 48, No Extra Claims Commitment, and renumber subsequent clauses.

 

7.        Delete renumbered clause 52, Area, Incidence and Duration and insert in lieu thereof the following:

 

52.  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 HSUeast; 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 HSUeast; 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 HSUeast;

 

(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 HSUeast; 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 IG 1023) and all variations thereof.

 

(vi)      The changes made to the award pursuant to the Award Review pursuant to 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 12 April 2012

 

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

 

5.        Delete Table 1 - Monetary Rates, in Part B and insert in lieu thereof the following:

 

Table 1 - Monetary Rates

 

Classifications		Current Rate	Award variation	Wage Rate
		per week	per week	as from 12.04.12
				per week
		$	%	$
Care Service Employees:
New Entrant Grade 1 Junior		544.10	4.25	567.20
Grade 1		635.10	4.25	662.10
Grade 2		675.00	4.25	703.70
Grade 3		715.40	4.25	745.80
Grade 4
- Level 1		752.60	4.25	784.60
- Level 2		816.80	4.25	851.50
Grade 5 from		871.30		908.30
	to	1,287.40	4.25	1,342.10

 

Note: Employees classified and paid as Recreational Activities Officers as at 10 November 1998
be reclassified in accordance with the new definitions of Care Service Employee.  Employees
reclassified at Grade 2 by virtue of the above exercise shall be paid at Grade 3 from the effective date
of this award, and continue to be so paid whilst employed in the provision of recreational activities by
their current employer.  These employees may be required to perform the duties of a Level 3 Care
Services Employee where they have the skill and competence to do so.
Note: Salary Band - Grade 5 - Employers and employees may negotiate a rate within the salary band
as shown.  For the purposes of this award, the rate so negotiated shall be deemed to be the employee's
award rate of pay.  Salaries in excess of the salary band may also be negotiated between the parties.
Maintenance Supervisors -
Maintenance Supervisor (Otherwise)	747.30	4.25	779.10
Maintenance Supervisor (Otherwise) -
in charge of staff	763.50	4.25	795.90
Maintenance Supervisor (Tradesperson)	810.40	4.25	844.80
Catering Officer:
Trainee Catering Officer -
1st year	661.10	4.25	689.20
2nd year	673.10	4.25	701.70
3rd year	686.80	4.25	716.00
Assistant Catering Officer -		4.25
80-120 beds	693.40	4.25	722.90
120-300 beds	738.60	4.25	770.00
300-500 beds	792.40	4.25	826.10
500-1000 beds	813.70	4.25	848.30
Catering Officer -
80-120 beds	771.30	4.25	804.10
120-200 beds	792.40	4.25	826.10
200-300 beds	813.70	4.25	848.30
300-500 beds	854.30	4.25	890.60
500-1000 beds	922.10	4.25	961.30
Diversional Therapist:
1st year of experience	689.80	4.25	719.10
2nd year of experience	724.10	4.25	754.90
3rd year of experience	758.00	4.25	790.20
4th year of experience	791.90	4.25	825.60
5th year of experience and thereafter	824.40	4.25	859.40
Apprentices:
Apprentice Cook -
1st year	429.20	4.25	447.50
2nd year	590.20	4.25	615.30
3rd year	661.70	4.25	689.90
Apprentice Gardener
1st year	357.70	4.25	372.90
2nd year	429.20	4.25	447.50
3rd year	572.30	4.25	596.60
4th year	643.90	4.25	671.20
Homecare Employees:
Homecare Employee -
Grade 1	638.90	4.25	666.10
Grade 2	670.20	4.25	698.70
Grade 3	716.50	4.25	747.00
Live-in Housekeeper -
Grade 1	830.60	130% of Home	865.90
		Care Grade 1
Grade 2	938.30	140% of Home	978.20
		Care Grade 2
Grade 3	1087.30	Refer Formula	1,133.50
Clerical & Administrative Employees:
Juniors -
At 16 years of age and under	347.40	4.25	362.20
At 17 years of age	393.80	4.25	410.50
At 18 years of age	451.60	4.25	470.80
At 19 years of age	508.80	4.25	530.40
At 20 years of age	561.00	4.25	584.80
Adults
Grade 1	685.50	4.25	714.60
Grade 2	726.30	4.25	757.20
Grade 3	768.80	4.25	801.50
Grade 4	802.90	4.25	837.00
Grade 5	839.20	4.25	874.90

 

Note 1:

 

Any employee paid on a classification/grade carrying a higher wage rate as at 10 November, 1998 shall have the difference between the higher rate and the new agreed grade/rate preserved whilst remaining to undertake the duties associated with the classification held prior to the date referred to above.71

 

Note 2:

 

Clerks who are paid at a grade above that of Grade 5 as at 10 November, 1998 shall have the difference between that grade, inclusive of the 1998 State Wage Case Increase, and the new agreed grade preserved whilst employed in a clerical position with their current employer.

 

9.        Delete Table 2 - Other Rates and Allowances in Part B and replace with the following:-

 

Table.  2 - Other Rates and Allowances

 

Item	Clause	Brief Description		Amount
No	No			from
				12.4.2012
1	7(xi)(c)	Broken Shift	Per shift	8.45
2	9(iii)(a)	Overtime - Breakfast	Per meal	11.41*
3	9(iii)(b)	Overtime - Luncheon	Per meal	14.75*
4	9(iii)(c)	Overtime - Evening Meal	Per meal	21.53*
5	10(iii)(b)	Overtime - recall use of own vehicle	Per klm	0.31*
6	10(iii)(c)	On Call Allowance	Per day (24 hrs)	13.76
7	14(i)	Climatic & Isolation Allowance	Per week	5.48
8	14(ii)	Climatic & Isolation Allowance	Per week	10.35
9	17(i)(a)	Cleaning/Scraping Work - confined space	Per hour	0.52
10	17(i)(b)	Cleaning/Scraping Work - boiler/flue	Per hour	0.83
11	17(iii)	Linen Handling - nauseous nature	Per hour	0.25
12	17(v)	Use of Own Vehicle	Per week	0.58
13	17(ix)	Laundry and Dry Cleaning Certificate Allowance	Per week	9.11
14	28(ii)	Leading Hand Allowance - in charge 2-5 employees	Per week	22.41
15	28(ii)	Leading Hand Allowance - in charge 6-10 employees	Per week	32.04
16	28(ii)	Leading Hand Allowance - in charge 11-15 employees	Per week	40.46
17	28(ii)	Leading Hand Allowance - in charge 16-19 employees	Per week	49.42
18	30(i)(c)	Uniform Allowance	Per week	5.84*
19	30(i)(d)	Special Type Shoes Allowance	Per week	1.81*
20	30(i)(e)	Cardigan or Jumper Allowance	Per week	1.74*
21	30(i)(f)	Laundry Allowance - Uniform	Per week	4.85*
22	31(ii)(d)	Sleepover Allowance	Per shift	40.00
23	41(vi)	Apprentice - TAFE Examination Allowance	Per week	1.87

 

Note: Allowances marked * increase by 3.5% (CPI) from 12 April 2012.

 

 

 

 

C. G. STAFF  J.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.