Variations to the Social Community, Home Care and Disability Services Industry Award 2010

Variations to the Social Community, Home Care and Disability Services Industry Award 2010

From 1 August 2013 new penalties apply for casual employees which include ordinary hours worked between midnight on Friday and midnight on Saturday.

New penalties also apply for casual employees whose ordinary hours worked are between midnight on Saturday and midnight on Sunday.

PINNACE HR ALERT: Decision – Variations to the Social, Community, Home Care and Disability Services Industry Award 2010

OPERATIVE DATE: 1 August 2013

We advise employers that on Thursday 1 August 2013, the Federal Fair Work Commission handed down its decision regarding variations sought by the Australian Municipal, Administrative, Clerical and Services

Union (ASU) to the Social, Community, Home Care and Disability Services Industry Award 2010. The Award variations are as follows.

Casual Employee Penalties

New penalties apply for casuals under this award which include:

  • ordinary hours worked between midnight on Friday and midnight on Saturday will be paid for at the rate of time and a half (150%)
  • ordinary hours worked between midnight on Saturday and midnight on Sunday will be paid for at the rate of double time (200%).

Note:

  • the Sunday penalty will be subject to Transitional Arrangements.
  • the rates prescribed will be in substitution for and not cumulative upon the casual loading prescribed therefore Casual employees will not receive a casual loading on top of the shift allowance.

Part Time Employees

The outcome of the decision includes the insertion of a new subclause 10.3 (c) for part time employees.

This means that prior to the commencement of employment, the employer and employee must create a written agreement which provides agreement on a regular pattern of work including:

  • the number of hours to be worked each week
  • the days of the week the employee will work
  • the starting and finishing times each day

If there is any agreed variation to the regular pattern of work the employer and employee will record this in writing.

Small Business Redundancy

In addition, the decision expands Small Business Redundancy to include a new clause 12.7 which now includes the Crisis Assistance, Supported Housing (South Australia) Award 2000 provisions.

[Members Only information follows]

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SCDS TRANSITIONAL PENALTIES AND LOADINGS AS AT 01/08/2013 
Please note: Casual weekend penalties increased to Saturday 50% and Sunday 90% as from 1 August 2013

Penalties and Loadings Prior to 01/07/2012 SACS Disability Clerks CASH SCDS Final Penalties and Loadings as at 01/07/2014
Casual Loading 20% 24% 24% 24% 24% 25%
Afternoon Shift 15% 13% 13%   13% 12.5%
Night Shift 15% 15% 15%   15% 15%
Permanent Afternoon 30% 16% 16%   16% 12.5%
Permanent Night 30% 18% 18%   18% 15%
Saturday Full-time/Part-time 50% 50% 50%   50% 50%
Saturday Casual 50% 50% 50%   50% 50%
Sunday Full-time/Part-time 50% 90% 90%   90% 100%
Sunday Casual 50% 90% 90%   90% 100%
Public Holiday 
Full-time

Part-time

Casual
 
250%

250%

250% – 300%
 
250%

250%

250%
 
250%

250%

250%
 
250%

250%

260%
 
250%

250%

250%
 
250%

250%

250%

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[End – Members Only information]

If you have any questions pertaining to this information or if you require further information please contact Pinnacle HR on 08 8232 2820.

Ted Davis

Executive Director

19 August 2013

PDF Document click here

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Members Only PDF Document – including the Transitional Penalties and Loadings please click here

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