Social, Community, Home Care and Disability Services Industry Award

Coverage depends on the sector and the schedule stream, not just the business name or the employee's title alone. The first classification decision is whether the work fits this award at all.

• Start with the sector named in clause 4.1 and then match the employee to the relevant schedule stream.
• Do not assume one label such as support worker or care worker is enough, because the award uses separate classification schedules.
• On-hire labour and group training arrangements are covered only if the underlying work falls within the covered sectors and no exclusion applies.

Mixed-service businesses should classify employee by employee. The award itself points you to the most appropriate classification, not the broadest description of the business.

• If more than one award may touch the business, use the clause 4.8 test and ask which classification is most appropriate to the work performed and the environment in which it is normally performed.
• Social and community services employees and crisis accommodation employees sit in different schedule streams.
• Family day care employees have their own schedule, separate from the home care streams.

Part-time arrangements under this award are formal arrangements. If the written pattern does not match what really happens, the business is carrying avoidable risk.

• At engagement, tell each employee the basis of employment.
• Before part-time employment starts, agree in writing on the guaranteed ordinary hours, the days of the week to be worked, and the starting and finishing times each day.
• The agreed regular pattern does not have to provide the same guaranteed hours every week, but it still has to be set out in writing.
• Any later change to that pattern must also be agreed in writing, either ongoing or for a specified period.

Regularly rostering above guaranteed hours can create a live review obligation. Small employers should have a clear process for receiving, discussing and answering these requests.

• An employer must not require a part-time employee to work hours above the guaranteed hours, although the employee may agree to additional hours.
• If a part-time employee has regularly worked more than their guaranteed hours for at least 12 months, they may request a written increase to those guaranteed hours.
• The employer must respond in writing within 21 days and may refuse only on reasonable business grounds.
• Before refusing, the employer must discuss the request with the employee and genuinely try to reach agreement on an increase that gives the employee more predictable hours and reasonably accommodates the employee's circumstances.

Rostering compliance here is a system, not a single rule. Hours, days off, breaks between shifts and roster notice all need to line up.

• Ordinary hours are 38 per week or an average of 38 per week, worked over a week, a fortnight, or a 4 week cycle in the ways the clause permits.
• By agreement, ordinary hours can be worked up to 10 hours per shift, with the special 12 hour sleepover case dealt with separately.
• Non-casual employees must receive at least 2 full days off each week, 4 full days off each fortnight, or 8 full days off each 28 day cycle.
• Employees need at least 10 hours between rostered work periods unless the limited sleepover exception applies, and fortnightly rosters must be posted at least 2 weeks before the roster period starts.

Sleepovers have linked hours, rest and overtime consequences. They should be checked as a separate rostering issue before the roster is issued.

• A 12 hour shift around a sleepover is available only by agreement and only where part of the shift is worked immediately before and part immediately after the sleepover.
• No more than 8 ordinary hours may be worked before or after the sleepover in that arrangement.
• A sleepover does not count as the break between rostered work periods, so the rest break rules still need separate attention.
• For part-time and casual employees in this agreed sleepover arrangement, overtime applies once the shift exceeds 12 hours.

Break rules matter in client-facing services because the ordinary unpaid meal break can change character when the employee is eating with clients or being kept at work.

• An employee who works more than 5 hours is entitled to an unpaid meal break of between 30 and 60 minutes at a mutually agreed time.
• If the employee is required to work during the meal break and continuously afterwards, overtime applies until the meal break is taken.
• If the employer requires the employee to have a meal with a client as part of the normal work routine or client program, that meal period is paid at the ordinary rate and counts as time worked.
• Every employee is entitled to a paid 10 minute tea break in each 4 hours worked.

Clothing and equipment obligations sit outside the hourly rate but still matter. They should be checked during onboarding and before client-facing work starts.

• If uniforms are required, the default rule is that the employer supplies, launders and maintains them free of cost to the employee.
• A uniform allowance can replace direct provision only by agreement and within the award's limits.
• Clause 20.2 also deals with rubber gloves, special clothing and safety equipment, so these items need to be reimbursed or otherwise managed as the award requires.

This award expects minimum conditions to be managed formally. Informal custom is a weak substitute for the written steps the award requires.

• Make the award and the NES available to employees in the way that is most accessible at the workplace.
• Remember that the award and the NES operate together as minimum conditions.
• If an individual flexibility arrangement is used, it must be genuine, in writing, and leave the employee better off overall at the time it is made.

PR799280, PR799380, PR799535

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 15 - Minimum weekly wages for social and community services employees and crisis accommodation employees, 16 - Minimum weekly wages for family day care employees, 17 - Minimum weekly wages for home care employees, 19 - National Training Wage, 20 - Allowances, Schedule H - Supported Wage System