BOOT REVIEW - Social, Community, Home Care and Disability Services Industry Award 2010

Transcription

1 Enterprise Agreement Comparison Table The Table below identifies which terms and conditions in the EA are more or less beneficial than those for Home Care Employees in the Social, Community, Home Care and Disability Services Industry. 5 Expiry The Agreement has a nominal expiry date of 30 June Part-time Employees 10.3 provides for agreement in writing as to number of hours to be worked each week; days of the week to be worked and start and finish times. Agreement provides for guaranteed minimum number of hours and rostering arrangements that apply to those hours to be recorded in writing. More beneficial. EA provides for annual review and adjustment of part-time hours to reflect the hours regularly worked. 12.4(b) Casual Conversion Not applicable More beneficial. EA provides for casual conversion to parttime after 26 weeks. Award does not Re-grading of employee classification 12.9 National Criminal History Check 14.1 Remuneration Packaging Not applicable. Not applicable. (Required by Aged Care Legislation) Fair Work Act allows for salary sacrifice More beneficial. Where the nature of the work undertaken by an employee changes, such that the majority of the work regularly performed is work of a type normally associated with a higher classification, the employee may apply to have their position reclassified to the higher classification. More beneficial. EA provides that employer will meet the cost of ongoing Police Record Checks. More beneficial. Employers covered by this EA are Public Benevolent Institutions and offer employees ability to sacrifice pre-tax salary towards fringe benefits up to a maximum of $15,900 per FBT year. This provides a significant benefit to employees. Page 1 of 7

2 15.1 Reasonable additional hours Fair Work Act S.62 Part time employees may be required to work reasonable additional hours including overtime. More beneficial. Part-time employees may be asked (but not required) to work reasonable additional hours - cannot be required to work overtime 15.3 Minimum Start No minimum start for full-time or part-time employees. More beneficial. Full-time - 4 hours; Part-time 3 hours 15.4 Allocated days off 25.1(a)(iii) No facility to accumulate or cash out ADO s More beneficial. Maximum of 5 days accumulation under EA; however by agreement no restriction on when employee can take ADO. May cash out ADO s by agreement Broken shifts 25.6 No allowance paid for working Broken Shifts. More beneficial. Agreement provides for a Broken Shift Allowance of half an hour ordinary pay per shift. 16 Rosters 25.5(d) 7 days notice except for limited exceptions More beneficial. 2 weeks notice. However roster may be changed at any time by agreement 17.1 Tea Breaks 27.2 Tea breaks (paid break): 10 minute break for every 4 hours worked. 8 hours or more is 2 X 10 minute break. More beneficial. Agreement provides for 2 x 10 minute breaks when doing shifts of 7.6 hours or more under Award only entitled to one Recall to work Overtime 28.4 Minimum 2 hours work at overtime rates and no travel payment. More beneficial. Minimum 4 hours work. Agreement provides that where employees are recalled to work overtime and elects to use own vehicle an allowance of 34c/km will be paid Time off in Lieu 28.2 Must be taken within 3 months. More beneficial. Must be taken within 4 months. 19 Shift and Weekend Work 25.2(a) Span of ordinary hours for day worker 6am to 8pm Monday to Sunday. More beneficial. Agreement span of ordinary hours is 6am to 7 pm. Page 2 of 7

3 19.1 Shift penalties Mon to Fri. Afternoon shift (12.5%) paid for any shift finishing after 8pm and before 12 midnight. Night shift (15%) paid for any shift finishing after 12 midnight or starting before 6am. Some shifts are more beneficial in EA some less beneficial, depending on starting time and finishing time. EA provides for the following shift penalties (Mon to Fri. where shift extends beyond 7pm: Start after 10:30am 1:00 pm 10%. Start after 1 pm 4 pm 12.5% Start after 4pm 4am 15% Start after 4am 6am 10% 20.5 Public Holidays NES provides for 10 days and additional days where granted in State or territory. More beneficial. EA provides for 11 public holidays and additional days. The EA guarantees an additional day in all localities where a full day local holiday is not declared Allowances Vehicle/Travelling Allowance Travelling, transport and fares Payment for travel between clients is at the applicable hourly rate for the time taken More beneficial. EA provides for an allowance of 34c per km in situations not included in the Award: Where employee recalled to work overtime Where employee recalled to work and elects to use own vehicle Where employee uses own vehicle to attend training. More beneficial. Where employees travel between consecutive clients they may be paid for the time taken to travel between locations at the rate of 3% of the ordinary pay per hour per kilometre travelled. This smooths out the volatility in payment Uniform Allowance 20.2 Clothing and equipment Uniform Allowance $6.24 per week More beneficial. EA provides for $6.60 per week and provides for the following allowances where the items are required but not provided: Shoes: $2.05 per week Cardigan or Jacket: $1.96 per week Stockings: $3.27 per week Socks: $0.65c per week Page 3 of 7

4 21.3(h) Laundry Allowance 20.2(b). $1.49 per week not payable on absences. More beneficial. EA provides for $5.33 per week laundry allowance payable on absences up to one week Sleepover 21.4 Allowance is 4.9% of Standard Rate = $41.92 More beneficial. Allowance is 2.2 hours pay. Which for a Home care level 1 is $ Higher for level 2 and (a) On-Call Allowance 20.9 Mon - Fri 2% of the standard rate = $17.11[; Otherwise 3.96% = $33.88 More beneficial Mon Fri $19.76 Less beneficial otherwise $ (b) On-Call during meal break No allowance payable where an employee is required to remain available during a meal break. More beneficial. On Call allowance payable of $10.69 per period irrespective of whether the employee is required to work or not Meal Allowance 15.4 Meal Allowance - Employee required to work more than one hour of overtime, must be supplied with a meal or paid $11.96 meal allowance. If overtime work exceeds four hours a further meal allowance of $11.96 will be paid More beneficial rates but less beneficial application. Employee required to work more than two hours overtime, must be supplied with a meal or paid one of the following allowances: Breakfast: $12.52 per meal; Lunch: $16.20 per meal; Evening meal: $ Climatic & Isolation Allowance Not applicable. More beneficial. Depending on location of organisation employees previously entitled to the allowance continue to receive between $5.38 and $10.15 per week extra Cashing Out of Annual 31 Annual - Not applicable More beneficial. Employees have the flexibility to cash out Annual provided they leave 4 weeks in reserve 22.6 Annual Loading Non shift worker gets 17.5% loading. More beneficial. Agreement entitles any employee to the higher of 17.5% loading or the shift and weekend penalties that would otherwise have been payable during a period of Annual even where the employee is not a shift worker as defined. Page 4 of 7

5 22.9 Purchased Additional Not applicable More beneficial. Employees have the flexibility to purchase up to one week s additional Annual each year Cashing Out - Personal/Carer s Not applicable 24.3 Jury Service NES provides that where a particular jury service summons exceeds more than 10 days in total the employer is only required to pay the employee for the first 10 days of absence. More beneficial. By agreement, employees can cash out personal leave. More beneficial. Where Jury Service exceeds 10 days, employer to assist where practical to maintain employee income Paid Parental NES provides for unpaid parental leave. More Beneficial. 9 weeks paid maternity leave. 1 week paid partner leave. 9 weeks paid adoption leave. 27 Repatriation Not applicable More Beneficial. Up to 6.5 days per year paid absence from work for war-caused disability treatment. 28 without pay Not applicable More beneficial. By agreement an employee may be granted a period of leave without pay which will not break the continuity of service. 30 Natural disaster Not applicable More beneficial. 1 day paid leave once per calendar year. 33 Disciplinary matters Not applicable More beneficial. Guarantees procedural fairness and natural justice when dealing with disciplinary outcomes including termination paid ordinary pay for attending such meetings. 36 Workload Management No Applicable More beneficial. EA acknowledges a shared responsibility to maintain balanced workload and recognises the adverse effects that excessive workloads may have on employees and residents and must be a standing agenda item at staff meetings on a quarterly basis. Page 5 of 7

6 39 Training Not applicable More beneficial. EA provides an incentive for employers to provide ongoing training at employer s expense and for employees to receive remuneration for undertaking training outside of normal work hours. The employer will facilitate access to the appropriate resources to undertake the training and the skills necessary to utilise those resources. 44 Union Delegates Not applicable More beneficial. Provides formal recognition of I delegate from each union and management support of a procedure to facilitate delegates time off for training and attendance at Union Conference. Schedule A Employment Classifications Compliant with Award. Agreement provides for preservation of classifications from former NAPSA with due regard for Award classification structure in terms of classification translation and pay rate transition comparisons. More beneficial. Unique classification created by Agreement: Home Care Employee (New Entrant) has a 6 month onthe-job experience requirement for qualification to the next level as opposed to 12months under Award employees better off; Schedule B Pay, Other Rates and Allowances Minimum weekly rates. More beneficial. EA rates and allowances are more beneficial than Award rates and Award prescribed allowances. All wage rates provide for minimum wage increase, for organisations on a previous EA, of at least 3% (1 st yr), 3% (2 nd yr) and 3% (3 rd yr). LESS BENEFICIAL PROVISIONS 17.4 Break between shifts hours break may be reduced to 8 by agreement Less Beneficial. Agreement provides for 8 hour break between shifts Saturday/Sunday Penalties 26 Sunday 200% of ordinary rate Less Beneficial. Sunday 175% of ordinary rate. Page 6 of 7

7 20.8 Employee absent from 34 - Public Holidays. Not applicable Less beneficial. An employee who without the consent of day before or day after Public Holiday the employer or without reasonable cause such as personal/carers leave, is absent from the last rostered shift before or the first rostered shift after a public holiday will be paid ordinary pay for work on such public holiday Higher Duties 30 - Employee engaged in duties in higher classification for 2 hours or less paid higher wage for time worked. More than 2 hours paid higher wage for full shift Less beneficial. EA pays at higher rate for time spent working in the higher duty. N/A First Aid Allowance (NOT IN EA) 20.4 First aid allowance ($14.28) to home care employee with a first aid certificate and required to provide first aid to employees. Less Beneficial. BUT Employees in homecare normally work on their own and are not required to provide first aid to other employees. 22.4(d) Extensive accumulated Annual 31 Not applicable Less beneficial. An employee may be directed t take if they have more than 8 weeks accumulated and leave 2 weeks in credit. 38 Attendance at meetings No direct comparison - Would be entitled to be paid for actual hours in attendance at meetings under the Award and any applicable loading dependent upon the time of the meeting Less beneficial. Where possible the meeting will be held during normal work time if not possible ordinary time paid for the time in attendance at the meeting Page 7 of 7