All Care Australia - Important Update on Proceedings before the Fair Work Commission 

The Australian Industry Group (AIG) who represent All Care Australia (ACA) has recently filed their evidence in the Fair Work Commission regarding their application to vary the Social, Community, Home Care and Disability Services Industry Award 2010 (‘the SCHADS Award’).

The application is an attack on how sleepover work is performed in your industry and a mechanism for ACA and other employers who have underpaid employees to avoid back payment for your entitlements.

The application, if successful, will significantly impact the way sleepover work is compensated for in your industry. It is another distraction for ACA and other employers to sidestep paying back the entitlements and wages employees are rightfully owed and undermines the value of your work.

Dean Keep from ACA has provided a witness statement to support AIG’s application. You can view AIG’s application and witness material here: https://www.fwc.gov.au/agreements-awards/awards/create-or-change-award/applications-create-or-change-award/social-21

What is AIG seeking in their application?

  • AIG are seeking that sleepover work under the SCHADS Award is considered a break between shifts.
  • If successful, this means that ACA, and other employers can lawfully roster you for long hours before and after a sleepover shift. It means that you will not be provided with a 15%-night shift penalty, and any applicable overtime.
  • AIG’s position is in stark contrast with our Union’s and the Fair Work Ombudsman’s interpretation of the SCHADS Award: sleepovers are not a break between shifts.

     

What does this mean for ACA employees?

  • AIG seek that their position is applied retrospectively. This means that for ACA employees, if AIG’s application is successful, we will not be able to pursue your underpayment.
  • If we are successful in defending the application, this will mean that ACA are liable to rectify any underpayment of wages.

Why is this taking so long?

We acknowledge that our members are frustrated by the lengthy delays in achieving an outcome on this matter. Unfortunately, this is unavoidable as we are subjected to the timetabling of the Fair Work Commission.

Our material is due on 6 August 2024 and there will be a further directions hearing in the Fair Work Commission on 26 August 2024. We will update members after this date on when we can expect the matter to go to Hearing.

What is the Union doing to support ACA employees?

Our Union is defending AIG’s application in the Fair Work Commission to protect workers rights within ACA and the sector. We can only do this with the support of Union members.

What is the Fair Work Ombudsman doing?

The Fair Work Ombudsman (‘FWO’) has been investigating ACA since early 2023. The FWO has issued a compliancy notice to ACA making it clear that ACA has breached the SCHADS Award and are liable for underpaying employees. AIG have challenged the compliancy notice and the Federal Court of Australia has paused the matter, pending the decision that the Fair Work Commission makes in due course.

We are disappointed in the decision of the Federal Court of Australia, however we are pleased that the FWO have been taking active steps in dealing with ACA.

What about my other entitlements?

We understand that there are other issues that members have raised regarding on-call and the First Aid Allowance. We can still pursue these issues; however we need members to step forward so we can work with you directly on these matters. The FWO is interested in speaking directly to ACA employees about other compliancy issues under the SCHADS Award. If you are interested in participating in this, please contact our Union.

Our Union continues to be by your side and advocate for your rightful entitlements.

Not yet a union member? It’s not too late to join your workmates.

Union members at ACA have been fighting for fairness and respect, and their work has made waves across the entire social and community services sector. However, the fight is not over yet. There is still work to be done. If you believe you deserve fair pay and respect at work, stand up with workers across the country and join The Services Union today. To become a member or learn more about other union member benefits, visit our Union’s website by clicking here or contact our Union directly:

Darci W, Union Organiser
0407 172 755
[email protected]

Union Office
07 3844 5300
[email protected]