11 September 2024 decision [2024] FWCFB 367
Citation: [2024] FWCFB 367
What happened
The Fair Work Commission (FWC) considered applications to vary the Aged Care Award 2010, Nurses Award 2020, and Social, Community, Home Care and Disability Services Industry Award 2010. The issue was whether assistants in nursing (AINs) working in home care should be covered by the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). The Australian Nursing and Midwifery Federation asserted that these AINs should be covered by SCHADS. Interested parties were invited to comment on a provisional view, and no objections were received.
What was decided
The FWC confirmed its provisional view that AINs working in home care should be covered by the SCHADS Award. A translation table will be included in the SCHADS Award determination, and a grandparenting provision will protect AINs’ entitlement to an additional week’s annual leave. These variations will take effect from 1 January 2025. The FWC considers these changes necessary to achieve the objectives of the modern awards, including gender equality. Determinations varying the awards were issued.
What it means for employers
Employers covered by the Aged Care Award 2010, Nurses Award 2020, and Social, Community, Home Care and Disability Services Industry Award 2010 need to review their classifications of AINs working in home care. They must ensure these employees are correctly classified under the SCHADS Award from 1 January 2025 and are aware of the grandparenting provision regarding annual leave.
What it means for employees
AINs working in home care who are currently covered by the Nurses Award 2020 will transition to being classified as ‘home care employees—aged care’ under the SCHADS Award from 1 January 2025. They will retain their additional week of annual leave due to the grandparenting provision.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →