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Online meeting next Wednesday 8 May 2024, 12pm – 12.45pm
RCSA members are invited to join a meeting next week with the Australian Industry Group (Ai Group) to discuss sleepover arrangements in the SCHADs Award.
Ai Group has lodged an application to the Fair Work Commission to vary the Social, Community, Home Care and Disability Services Industry Award 2010. The application concerns the manner in which the Award applies to the performance of work immediately before and after a sleepover. It is being advanced because of widespread concern in industry over the current terms of the Award and the Fair Work Ombudsman’s interpretation of them.
As you may be aware, the FWO and various unions have taken the view that where an employee works before and after a sleepover, the entire period constitutes a single shift. Thus, for example, any shift loadings are payable for work performed before and after a sleepover. In many instances, this approach results in employees who undertake work in the morning following a sleepover being paid a night shift allowance for both that morning work and work undertaken in the afternoon prior to the sleepover. The FWO also takes the view that if the total shift length exceeds 10 hours, an employee is entitled to overtime rates thereafter.
Ai Group, along with RCSA, is concerned the FWO’s interpretation is inconsistent with the interpretation of the Award adopted by many employers and that, if applied, imposes unrecoverable costs or has resulted in employers seeking to change rostering practices that potentially negatively impact upon client services or are unwanted by some employees.
RCSA’s advocacy team will host a meeting next Wednesday 8 May from 12.00pm-12.45pm with Brent Ferguson (Ai Group’s Head of National Workplace Relations Policy) and Ruchi Bhatt (Ai Group’s Principal Advocate) presenting and leading discussion on the day. The purpose of the meeting is to discuss Ai Group’s application and how RCSA members might be able to contribute and support it. This support will be crucial as the matter is likely to be strongly contested by several unions. The meeting will be facilitated by RCSA’s Advocacy Team.
If you would like to attend next week, please RSVP to Gabrielle Brennan on [email protected] or on 0402 249 706 who will provide a link to join the online meeting. If you are unable to attend the meeting but would like to share insights, please reach out to Gabrielle and she will provide direct contact details for team at Ai Group who are managing the variation application.