Dementia Australia Agreement

Posted on
March 2, 2022
in
Social Community and Disability Sector

Fair Work Commission approval

Late on Friday the Fair Work Commission advised us they’ve approved the Dementia Australia Enterprise Agreement 2021-2025, and it will be operational from 4 March 2022and nominally expires on 30June 2025.

HACSU and VAHPA raised issues with some clauses so, after considering these and their own concerns, the Commission required several undertakings from Dementia Australia to ensure the agreement met minimum legal requirements before approving it. These must be read in conjunction with the agreement and, where a specific clause is mentioned, the undertaking overrules the clause.

Here are the undertakings that Dementia Australia had to give to have the agreement:

1. In clause 5.6(c) dealing with overtime penalties from Monday to Saturday of150% for the first 3 hours and 200% thereafter for home care employees, Dementia Australia undertakes to ensure that no home care employee is paid less in total for all hours worked, including overtime penalties, in any fortnight than as provided for by the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award).

2. In respect of the on-call allowance for any other 24 hour period or public holiday, Dementia Australia undertakes to ensure that at no time whilst the Agreement is operative will the allowance be lower than prescribed by clause 20.9(b) of the SCHADS Award.

3. In respect of the minimum break provisions for broken shifts under clause25.6(d) of the SCHADS Award, Dementia Australia undertakes to ensure that an employee will be given a minimum break of 10 hours between broken shifts rostered on successive days.

4. In respect of sleepovers under clause 25.7 of the SCHADS Award, Dementia Australia does not require employees to undertake sleepovers at the time the application before the Commission is made, and Dementia Australia undertakes that if this changes whilst the Agreement is operative it will provide the provisions in clause 25.7 of the SCHADS Award to employees undertaking this type of work.

5. In respect of 24 hour care under clause 25.8 of the SCHADS Award, Dementia Australia does not provide this type of care at the time the application before the Commission is made, and Dementia Australia undertakes that if this changes whilst the Agreement is operative it will provide the provisions in clause 25.8 of the SCHADS Award to employees undertaking this type of work.

6. In respect of excursions under clause 25.9 of the SCHADS Award, Dementia Australia undertakes that where it requires an employee to supervise clients in excursion activities involving overnight stays from home, it will provide the provisions in clause 25.9 of the SCHADS Award to the employee undertaking this type of work.

7. In respect of meal breaks with clients under clause 27.1(c) of the SCHADS Award, Dementia Australia undertakes that where an employee has approval of their team leader to have a meal with a client or clients as part of the normal work routine or client program, it will apply the provisions in clause 27.1(c) of the SCHADS Award to employees undertaking this type of work.

8. In respect of the tool allowance under clause 22.3(g) of the Health Professionals and Support Services Award 2020, Dementia Australia undertakes that where it requires employees to supply and maintain tools in accordance with clause, it will provide the allowance in this clause to applicable employees.

9. In respect of casual employees working overtime, Dementia Australia undertakes to ensure that the employees receive the casual loading on a cumulative /compounding basis for overtime.

10. In respect of part-time employees, and clause 2.3(c) of the Agreement, Dementia Australia undertakes to ensure that before commencing employment, Dementia Australia will agree in writing on the employee’s regular pattern of work, including the number of hours to be worked each week, the days of the week the employee will be working and the starting and finishing times each day.

11. In respect of clause 7.1(c) of the Agreement, Dementia Australia undertakes to accept a period of 1 weeks’ notice from an employee with not more than 1 years’ continuous service.

12. In respect of clause 3.1(d) of the Agreement, Dementia Australia undertakes to ensure that an employee’s entitlement to pay point progression will: a. if the employee is covered by the SCHADS Award, be no more onerous than as prescribed by that award; and b. if the employee is covered by the HPSS Award, be no more onerous than as prescribed by that award.

For more information about this or any other industrial matter, members should contact HACSUassist on 1300 880 032 or email assist@hacsu.org.au or complete our online contact form

Social Community and Disability Sector