Major changes coming to Modern Community Services Award from July 2022
July 2022 will see major changes implemented within the Modern Award applicable to the community services sector, being the Social, Community, Home Care & Disability Services Industry Award 2010.
The 4 Yearly Review Process of the Modern Awards has been in progress before the Fair Work Commission (FWC) since 2014. Since 2020, the majority of Modern Awards have been revised by the Commission and replaced in a new, uniform format, generally identified with the updated reference to ‘2020’ in the award name.
Despite the process having run many years longer than had originally been anticipated, the Social, Community, Home Care & Disability Services Industry Award 2010, is yet to be finalized in its revised ‘2020’ version but, 2021 produced some results, with the FWC managing to settle on the contents of a determination, which will implement a number of significant changes, scheduled to take effect from the first full pay period commencing (ppc) on or after 1 July 2022.
The main points of interest for employers to be aware of include:
- Increasing the minimum engagement for casual Home Care employees to 2 hours (from 1 hour currently);
- Implementing minimum engagements for ALL classifications of part-time employees (i.e. to match the minimum engagements for casuals);
- Replacing the existing ‘Client Cancellation’ clause (clause 25.5(f)) in its entirety;
- Replacing the existing Broken Shift provisions (clause 25.6) AND inserting a NEW Broken Shift allowance;
- Updates to the existing 24-hour care clause (clause 25.8) PLUS additional annual leave for employees regularly performing these shifts;
- Insertion of long-awaited provisions stipulating payment for ‘Remote Work’, including specifying a method of payment “where the remote work involves participating in staff meetings or staff training remotely”.
The above list reflects the more significant incoming changes scheduled to take effect from ppc 1 July 2022, but it is not exhaustive. The full variation can be viewed in the Final Determination.
Employers operating in the community services sector should commence preparations (and budgeting) for the incoming changes, scheduled to take effect ppc 1 July 2022. Becoming acquainted with the determination as soon as possible is particularly important, as the award amendments stand to increase costs for business and (potentially) clients/service users/participants from ppc 1 July 2022.
ES Subscribers should also refer to the ‘Summary of Key Points’ guide compiled by Employer Services and issued to Subscribers earlier this year. This guide comprehensively explores the main elements of the determination, as referenced above.
ES Subscribers will be sent further reminders regarding these incoming changes later in 2022. Subscribers who have questions about the above information are invited to contact our advice line on (07) 3220 3500 to discuss further with an ES Consultant.
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