Modern Award Update

Modern Award Update

2 November 2020

The Fair Work Commission (FWC) has been varying existing awards both as a result of the 4-yearly review of modern awards and in response to the effects of the ongoing COVID-19 pandemic.

Schedule X – Additional measures during the COVID-19 pandemic

CCER previously advised members of the FWC’s decision to vary 99 modern awards to insert a new Schedule X, to provide an entitlement to unpaid pandemic leave and the ability to take annual leave at half pay. This included the following awards (collectively the “Health awards”):

  • Aged Care Award 2010
  • Health Professionals and Support Services Award 2020
  • Nurses Award 2010 (Nurses Award)
  • Social, Community, Home Care and Disability Services Industry Award 2010

On 29 October 2020 the FWC issued a further decision to extend Schedule X in the above awards, with the temporary award variations set to operate from 29 October 2020 until 29 March 2021.

Schedule Y – Paid Pandemic Leave 

CCER previously advised members of the FWC’s decision to introduce paid pandemic leave in the following awards, for employees who are employed by residential aged care providers or are required to work in residential aged care facilities:

  • Aged Care Award 2010,
  • Nurses Award 2010
  • Health Professionals and Support Services Award 2020

On 29 October 2020 the FWC issued a further decision to extend Schedule Y in the above awards, with the temporary award variations set to operate from 29 October 2020 until 29 March 2021.

On 19 October 2020 FWC issued a further decision to vary the Children’s Services Award 2010 and the Educational Services (Teacher’s) Award 2020.

Educational Services (Teachers Award) 2020

Changes to the Teachers Award which will take effect from the first full pay period on or after 1 November 2020 include:

Casual employee rates

  • There will no longer be “Quarter day” casual rates under Award. This is reflected in the insertion of new minimum rates of pay tables for teachers employed in early childhood services NOT operating for at least 48 weeks per year and for teachers employed in early childhood services operating for at least 48 weeks per year.
  • Casual employees in a children’s service or early childhood education service will be paid for a minimum, where they are required to work, for:
  • up to 2 hours, 2 hours
  • more than 2 hours and up to 4 hours, 4 hours
  • more than 4 hours and up to a full day, the full day rate, based on their appropriate hourly rate

Children’s Services Award 2010

Changes to the Children’s Services Award which will take effect from the first full pay period on or after 1 November 2020 include:

Part time Employment

  • The agreed pattern of work may be agreed to in writing by any electronic means of communication – Clause 10.4(d)(i)
  • The employer is not required to provide the full 7 days’ notice of change of the days an employee is to work where the employer makes the change as a result of an emergency outside the employer’s control – Clause 10.4(d)(iii)
  • If the employer changes the roster in an emergency, the overtime provisions in clause 23.2 apply – Clause 10.4(d)(iv)
  • Emergency for the purposes of the above has been defined as situations that:
    • Pose imminent or severe risk to the persons at an education and care service premise (e.g. a fire)
    • Require the education and care service premises to be locked-down (e.g. emergency government direction) – Clause 10.4(d)(v)

 Protective Clothing – Clause 15.2(c)

Reimbursement to employees of the cost of purchasing protective clothing or equipment, will be limited to reasonable costs incurred.

Non-contact Time

  • During non-contact time, an employee will not be required to supervise children or perform other duties as directed by the employer – Clause 21.5(a)
  • An employee appointed as the Educational Leader will be entitled to a minimum of two hours non-contact time per week. During non-contact time, an employee will not be required to supervise children or perform other duties as directed by the employer – Clause 21.5(b)
  • The entitlements above are cumulative – an Educational Leader who also has programming responsibilities will be entitled to a minimum of four hours non-contact time per week.

Rostering

  • Changes in the agreed regular pattern of work may only be made by agreement in writing, which may be made by any electronic means of communication – Clause 21.7 (d)(i)
  • Where agreement cannot be reached, the employer may change the days by giving seven days’ notice – Clause 21.7(d)(ii)
  • The employer is not required to provide the full 7 days’ notice of change of the days an employee is to work where the employer makes the change as a result of an emergency outside the employer’s control – Clause 21.7(d)(iii)
  • If the employer changes the roster in an emergency, the overtime provisions in clause 23.2 apply – Clause 21.7(d)(iv)
  • Emergency for the purposes of the above has been defined as situations that:
    • Pose imminent or severe risk to the persons at an education and care service premises (e.g. a fire)
    • Require the education and care service premises to be locked-down (e.g. emergency government direction) – Clause 21.7(d)(v)

You can access your modern award here

 

For any members who would like further information or have any questions, please contact us on 9390 5255 or ccerenquiry@ccer.catholic.org.au.

CCER does not give legal advice and this should not be taken as such. 

 

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