MA000100 PR525485 |
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ORDER |
Fair Work Act 2009
s.302 - Equal remuneration order
Equal Remuneration Case
Australian Municipal, Administrative, Clerical and Services Union and others
(C2010/3131)
SOCIAL, COMMUNITY, HOME CARE AND DISABILITY SERVICES INDUSTRY AWARD 2010
[MA000100]
VICE PRESIDENT WATSON |
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Further to a decision [[2012] FWAFB 5184] issued by Fair Work Australia on 22 June 2012, the following equal remuneration order is made:
Table of contents
1. Title
2. Commencement and obligations
3. Definitions and interpretations
4. Coverage and application
5. Transitional Rates
6. Final Rates
7. Payment
8. Access to the Order
1. Title
This Order is the Social, Community and Disability Services Industry Equal Remuneration Order 2012.
2. Commencement and obligations
2.1 This Order shall commence on 1 July 2012 and shall continue in force and effect until further order of Fair Work Australia.
2.2 The monetary obligations imposed on employers by this Order may be absorbed into overaward payments. Nothing in this Order requires an employer to maintain or increase any overaward payment.
2.3 Where agreed between the employer and a full-time or part-time employee, an employer may introduce remuneration packaging in respect of the monetary obligations imposed by this Order. The terms and conditions of such a package must not, when viewed objectively, be less favourable than the entitlements otherwise available under the Award and this Order.
3. Definitions and interpretation
In this Order, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
Award means the Social, Community, Home Care and Disability Services Industry Award 2010
award-based transitional instrument has the meaning in the Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009 (Cth)
crisis assistance and supported housing sector means the provision of crisis assistance and supported housing services
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client
social and community services sector means the provision of social and community services including social work, recreation work, welfare work, youth work or community development work, including organisations which primarily engage in policy, advocacy or representation on behalf of organisations carrying out such work and the provision of disability services including the provision of personal care and domestic and lifestyle support to a person with a disability in a community and/or residential setting including respite centre and day services
Social, Community and Disability Services Industry means the crisis assistance and supported housing sector and the social and community services sector
transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
4. Coverage and application
4.1 This Order covers employers throughout Australia in the Social, Community and Disability Services Industry and their employees in the classifications listed in Schedules B and C of the Award.
4.2 This Order covers any employer which supplies labour on an on-hire basis in the Social, Community and Disability Services Industry in respect of on-hire employees in classifications covered by Schedules B and C of the Award, and those on-hire employees, while engaged in the performance of work for a business in that industry.
5. Transitional Rates
5.1 Clauses 5.2 to 5.7 of this Order apply to an employer which from the first full pay period on or after 1 July 2012:
(a) was obliged, or
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this Order on 1 July 2012 would have been obliged
to pay minimum wages in accordance with clause A.3.9 of Schedule A to the Award.
5.2 The payment in clause 5.3 of this Order shall be referred to as the “Transitional Minimum Wage”.
5.3 The employer must pay an employee no less than either:
(a) the minimum wage for the relevant classification in the Award, or
(b) the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned
whichever is higher.
5.4 The employer must apply any increase in minimum wages in the Award to the amounts in clause 5.3 of this Order.
5.5 In addition to the Transitional Minimum Wage in clause 5.3 of this Order, the employer must pay an employee a Transitional Equal Remuneration Payment as follows:
(a) From the first full pay period on or after 1 December 2012 until the final pay period immediately before 1 December 2013, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine.
(b) From the first full pay period on or after 1 December 2013 until the final pay period immediately before 1 December 2014, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by two.
(c) From the first full pay period on or after 1 December 2014 until the final pay period immediately before 1 December 2015, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by three.
(d) From the first full pay period on or after 1 December 2015 until the final pay period immediately before 1 December 2016, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by four.
(e) From the first full pay period on or after 1 December 2016 until the final pay period immediately before 1 December 2017, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by five.
(f) From the first full pay period on or after 1 December 2017 until the final pay period immediately before 1 December 2018, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by six.
(g) From the first full pay period on or after 1 December 2018 until the final pay period immediately before 1 December 2019, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by seven.
(h) From the first full pay period on or after 1 December 2019 until the final pay period immediately before 1 December 2020, a payment equal to the difference between the Final Rate in clause 6.2 of this Order and the Transitional Minimum Wage in clause 5.3 of this Order, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by eight.
5.6 The payments in clauses 5.3 and 5.5 of this Order shall be regarded as part of the ordinary rate of pay for all purposes.
5.7 Clauses 5.2 to 5.6 of this Order cease to apply to an employer immediately before the beginning of the first full pay period on or after 1 December 2020.
6. Final Rates
6.1 The payments in clause 6.2 of this Order shall be referred to as the “Final Rate”.
6.2 From the first full pay period on or after 1 December 2020, the employer must pay an employee in a classification listed in Schedules B and C of the Award:
(a) the applicable minimum wage in clause 15 of the Award, and
(b) a Final Equal Remuneration Payment equal to the following percentage of the applicable minimum wage in clause 15 of the Award:
Classification in Schedules B and C of the Award |
Final Equal Remuneration Payment Percentage |
Social and community services employee level 2 |
23% |
Social and community services employee level 3 |
26% |
Social and community services employee level 4 |
32% |
Social and community services employee level 5 |
37% |
Social and community services employee level 6 |
40% |
Social and community services employee level 7 |
42% |
Social and community services employee level 8 |
45% |
6.3 The Final Rate in clause 6.2 of this Order is equal to the following percentage of the applicable minimum wage in clause 15 of the Award:
Classification in Schedules B and C of the Award |
Final Rate Percentage |
Social and community services employee level 2 |
123% |
Social and community services employee level 3 |
126% |
Social and community services employee level 4 |
132% |
Social and community services employee level 5 |
137% |
Social and community services employee level 6 |
140% |
Social and community services employee level 7 |
142% |
Social and community services employee level 8 |
145% |
6.4 The payments in clause 6.2 of this Order shall be regarded as part of the ordinary rate of pay for all purposes.
7. Payment
Payments made by an employer in accordance with this Order must be paid weekly or fortnightly by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee, unless other arrangements are made in an enterprise agreement approved under the Act.
8. Access to the Order
The employer must ensure that copies of this Order are available to all employees to whom it applies either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
VICE PRESIDENT WATSON
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