Award variation – Social Community Home Care Disability Service Industry Award

13 Mar Award variation – Social Community Home Care Disability Service Industry Award

Posted at 13:34h in News by

Disability ServicesAs a result of an appeal the Fair Work Commission has varied the Social, Community, Home Care and Disability Services Industry Award 2010.
These changes affect Saturday and Sunday Work and Overtime rates. They apply to all full time, part time and casual employees.

Full details will display below, for members who have logged into this website.

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AWARD VARIATION

Social Community Home Care Disability Services Industry Award

Date: 14 March 2014

Re: Changes to Saturday and Sunday Work and Overtime Rates

As a result of an appeal against a decision of Vice President Watson, the Federal Fair Work Commission has varied the Social Community Home Care Disability Services Industry Award on 4 March 2014 as follows:

  1. By inserting a new Clause 26 which now reads:

‘26. Saturday and Sunday work

Employees whose ordinary working hours include work on a Saturday and/or Sunday will be paid for ordinary hours worked between midnight on Friday and midnight on Saturday at the rate of time and a half, and for ordinary hours worked between midnight on Saturday and midnight on Sunday at the rate of double time. These extra rates will be in substitution for and not cumulative upon the shift premiums prescribed in clause 29- Shiftwork and the casual loading prescribed in clause 10.4 (b), and are not applicable to overtime hours worked on a Saturday and Sunday.”

The effect of this variation is:

  • All employees (including casual employers) will be paid:

  • Saturday – time and a half

  • Sunday   – double time

Note: these rates are in substitution for shift work provisions and the casual loading eg. Casual employee working on a Saturday will receive a total payment of 150%.

  1. By inserting a new Clause 28.1(b) which now reads:

“28.1 Overtime Rates

(b) Part-time employees and casual employees

  1. All time worked by part-time or casual employees in excess of 38 hours per week or 76 hours per fortnight will be paid for at the rate of time and a half for the first two hours and double time thereafter, except that on Sundays such overtime will be paid for at the rate of double time and on public holidays at the rate of double time and a half.

  1. All time worked by part-time or casual employees which exceeds 10 hours per day, will be paid at the rate of time and a half for the first two hours and double time thereafter, except on Sundays when overtime will be paid for at the rate of double time, and on public holidays at the rate of double time and a half.

  1. Time worked up to the hours prescribed in clause 28.1 (b)(ii) will, subject to clause 28.1(b)(i), not be regarded as overtime and will be paid for at the ordinary rate of pay (including the casual loading in the case of casual employees).

  1. Overtime rates payable under this clause will be in substitution for and not cumulative upon:

  1. The shift premiums prescribed in clause 29-shiftwork;

and

  1. The casual loading prescribed in clause 10.4(b),

and are not applicable to ordinary hours worked on a Saturday or a Sunday.”

The effect of this variation is:

  • All part-time and casual employees will be paid;

  1. Where hours worked are in excess of 38 hours per week or 76 hours per fortnight overtime is paid:

  1. Time and a half for the first two hours then double time,

  2. On Sundays at the rate of double time,

  3. On Public Holidays at the rate of double time and a half.

  1. All time worked which exceeds 10 hours per day is overtime and is paid:

  1. Time and  a half for the first two hours  then double time,

  2. On Sundays at the rate of double time,

  3. On Public Holidays at the rate of double time and  a half.

Note: Overtime

When employees are paid at overtime rates they do not receive:

1. Shift loadings,

2. Casual loadings.

Overtime rates are not applicable to ordinary hours worked on a Saturday or a Sunday.

Date of operation: First Full Pay Period on or after 4 March 2014

Please Note: The latest copy of the Social Community Home Care Disability Services Industry Award is available from the Awards page of this website.

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Any queries regarding the award variation can be directed to Barb Bacciarelli, HR Officer, on Ph. 8232 2820 or admin@pinnaclehr.com.au