Background

The Fair Work Commission (“FWC”) is presently undertaking its 4 yearly review of modern awards.

The purpose of these reviews is to ensure that over time Modern Awards are still reflecting the objectives of the Fair Work Act 2009 (Cth).

This provides interested parties with an opportunity to make submissions to the FWC regarding changes to modern awards prior to decisions being made.

What has changed or is changing?

One of the changes made to modern awards by the FWC during this process was to restructure plain language standard redundancy provisions as a single clause.

This does not increase employer obligations in redundancy situations but provides additional clarity regarding matters including:

  • Transfer to lower paid duties on redundancy
  • Employees leaving during notice period
  • Job search entitlement

Changes are effective from the first pay period commencing on or after 3 May 2019.

Modern Awards affected by these changes include but are not limited to:

  • Aged Care Award 2010
  • Children’s Services Award 2010
  • Clerks – Private Sector Award 2010
  • Educational Services (Post-Secondary Education) Award 2010
  • Educational Services (Schools) General Staff Award 2010
  • Health Professionals and Support Services Award 2010
  • Labour Market Assistance Industry Award 2010
  • Nurses Award 2010
  • Social, Community, Home Care and Disability Services Industry Award 2010

Modern Awards varied by these changes are available for viewing and download from the FWC website:  www.fwc.gov.au.

Important Survey re the Social, Community, Home Care and Disability Services Industry Award 2010 (“SCHADS Award”)

Earlier this year, Jobs Australia Ltd wrote to the FWC confirming it general support for submissions made by NDS and ABI in relation to the 4 yearly review of the SCHADS Award.

On 24 April Jobs Australia wrote to the FWC confirming its support for a survey of the sector as part of the review process.  This addressed concerns about association membership and the concentration of these employers in aged care and disability.

Jobs Australia wants to ensure that its members have an opportunity to participate in the survey to ensure its results are representative of the coverage of the SCHADS Award.

On 2 May the FWC issued a statement confirming that Jobs Australia members will also be surveyed.

A final Survey has been published and can be accessed by members through the following link:

https://www.surveygizmo.com/s3/5011434/Survey-Social-Community-Home-Care-and-Disability-Services-Industry-Award-2010-review

Members should complete the survey at their earliest convenience. The survey will close at 4.00 pm on Wednesday 12 June 2019.

Please ensure that final responses are provided via the online survey. Instructions for completing the survey are contained in the attached and are available via the above link.

Jobs Australia strongly encourages all members covered by the SCHADS Award to participate to have their voices heard.

Member queries

Members queries regarding these matters should be directed to the JA Workplace Relations Unit which is contactable on 03 9349 3699 or by email: AssistWR@ja.com.au .