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New South Wales Industrial Relations Commission
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Local Government, Aged, Disability and Home Care (State) Award
  
Date12/22/2023
Volume396
Part2
Page No.404
DescriptionVSW - Variation following State Wage Case
Publication No.C9802
CategoryAward
Award Code 1925  
Date Posted01/09/2024

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(1925)

SERIAL C9802

 

Local Government, Aged, Disability and Home Care (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Industrial Registrar.

 

(Case No. 235026 & 335846 of 2023)

 

Before Chief Commissioner Constant

1 November 2023

Commissioner Sloan

 

Commissioner Webster

 

 

VARIATION

 

1.        Delete subclause (i) of clause 4, Employment Classifications, of the award published 19 February 2016 (379 I.G. 254) and insert in lieu thereof the following:

 

(i)       Care Service Employees

 

(a)       Grade 1

 

An employee who works under limited supervision individually or in a team environment or on sleep-over.  Employees at this level work within established guidelines including compliance with documentation requirements as determined by the employer.  In some situations detailed instructions may be necessary.  Indicative tasks an employee at this level may perform are as follows.

 

Typical Duties

 

Care Stream

Support Stream

Maintenance Stream

Under limited supervision, provide assistance to residents in carrying out simple personal care tasks which shall include but not be limited to:

Performance under limited supervision of the full range of Domestic duties including but not limited to:

Performance under limited supervision of labouring duties associated with gardening and general maintenance activities, including but not limited to:

 

 

 

Supervise daily hygiene e.g. assisting with showers or baths, shaving, cutting nails; lay out clothes and assist in dressing; make beds and tidy rooms; store clothes and clean wardrobes; assist with meals.

General cleaning of accommodation, food service, and general areas;

 

General waiting, table service and clearing duties;

Sweeping;

Hosing;

Garbage collection and disposal;

 

Keeping the outside of buildings clean and tidy;

Assistance in the preparation of food, including the cooking and/or preparation of light refreshments;

Mowing lawns and assisting the gardener in labouring.

Under direct supervision, provide assistance to a higher Grade Care Service Employee in attending to the personal care needs of a resident.

All laundry duties.

 

 

(b)       Grade 2

 

An employee with relevant experience who works individually or in a team environment, and is responsible for the quality of their own work, subject to general supervision, including compliance with documentation requirements as determined by the employer. Indicative tasks an employee at this level may perform are as follows.

 

Typical Duties

 

Care Stream

Support Stream

Maintenance Stream

Provide a wide range of personal care services to residents, under limited supervision, in accordance with Commonwealth and State Legislative requirements, and in accordance with the resident’s Care Plan, including:

Assist a higher grade worker in the planning, cooking and preparation of the full range of meals.

Undertake basic repairs to buildings, equipment, appliances, and similar items not calling for trades skills or knowledge.  Work with and undertake limited coordination of the work of other maintenance workers.  Where no tradesperson is employed, an employee at this level may be called upon to perform tasks falling within the scope of trades skills, provided the time involved in performing such work, is paid at the rate of Care Service Employee Grade 3, in accordance with Clause 33- Labour Flexibility and Mixed Functions.

Assist and Support residents with medication utilising medication compliance aids;

Simple wound dressing; Implementation of continence programs as identified in the Care Plan;

Drive a Sedan or Utility.

Perform gardening duties.  Provide advice on planning and plant maintenance.  Attend to indoor plants, conduct recycling and re-potting schedules

Attend to routine urinalysis, blood pressure, temperature and pulse checks;

Blood sugar level checks etc and assist and support diabetic residents in the management of their insulin and diet, recognising the signs of both Hyper and Hypo-Glycemia.

 

Carry out physical inspections of property and premises and report.

Recognise, report and respond appropriately to changes in the condition of residents, within the skills and competence of the employee and the policies and procedures of the organisation.

 

Assist in the development and implementation of resident care plans.

 

 

Assist in the development and implementation of programs of activities for residents, under the supervision of a Care Service Employee Grade 3 or above, or a Diversional Therapist.

 

 

 

(c)       Grade 3

 

An employee who holds either a Certificate Level III in Care Support Services or other appropriate Qualification/Experience acceptable to the employer and:

 

is designated by the employer as having the responsibility for leading and/or supervising the work of others; or

 

is required to work individually with minimal supervision and has been designated by the employer as having overall responsibility for a particular function within the facility.

 

An employee who holds appropriate Trade Qualifications and is required to act on them.  Where the work of such employee requires the holding of a licence, the licence allowance from the applicable State trades award shall be paid.

 

Employees at this level may be required to plan, direct, and train staff and comply with documentation requirements as determined by the employer and assist in the development of budgets.

 

Indicative tasks an employee at this level may perform are as follows.

 

Typical Duties

 

Care Stream

Support Stream

Maintenance Stream

Coordinate and direct the work of staff.

Responsible for the planning, ordering and preparing of all meals.

Carry out maintenance, repairs, gardening and other tasks falling within the scope of trades skills.

Schedule work programs on a routine and regular basis.

Responsible for the provision of domestic services.

Undertake the more complicated repairs to equipment and appliances calling for trades skills.

 

 

Develop and implement programs of activities for residents.

Schedule work programs on a routine and regular basis.

Coordinate and direct the work of staff performing gardening duties.

Develop resident care plans.

Coordinate and direct the work of staff.

Schedule work programs on a routine and regular basis.

 

Drive a Minibus or Larger Vehicle.

 

(d)       Grade 4

 

Level One

 

An employee who holds a Certificate IV in Aged Care Work (CHC40108) or other appropriate Qualification/Experience acceptable to the employer and is required to act on it, and

 

is designated by the employer as having responsibility for leading and/or supervising the work of others in excess of that required of a CSE 3; and

 

is required to work individually with minimal/ indirect supervision.

 

Employees at Grade 4 may be required to exercise any/all managerial functions in relation to the operation of the facility and comply with documentation requirements as determined by the employer.

 

Indicative tasks an employee at this level may perform are as follows.

 

Typical Duties

 

Care Stream

Support Stream

Maintenance Stream

Overall responsibility for the provision of personal care to residents.

Coordinate and direct the work of staff involved with the preparation and delivery of food.

Coordinate and direct the work of staff performing gardening duties.

Coordinate and direct the work of staff.

Schedule work programs.

Schedule gardening work programs.

Schedule work programs.

 

Where required, let routine service contracts associated with gardening.

 

Level Two

 

An employee who is required to deliver medication to residents in facilities:

 

previously defined as Nursing Homes (as at 31 December 2004) by the Nursing Homes Act 1988; or

 

in which more than 80% of places are "allocated high care places" as defined in the Aged Care Act 1997 (Cth).

 

An employee at this level must hold the following qualifications, which may be varied from time to time by the relevant National Vocational, Education and Training Body:

 

a Certificate III in Aged Care Work (CHC30208); and

 

a Certificate IV in Aged Care Work (CHC40108); and

 

medication module - "Provide Physical Assistance with Medication" (CHCCS303A).

 

or

 

Hold other appropriate qualification acceptable to the employer.

 

Employees at this level may be required to perform the duties of a CSE 4 - Level 1.

 

(e)       Grade 5

 

This grade shall only apply to employees having responsibility for supervision of the entire facility.

 

An employee who may be required to have and use any additional qualifications than would be required for a grade 4 employee.

 

Employees at this level may be required to exercise any/all managerial functions in relation to the operation of the Facility and comply with documentation requirements as determined by the employer

 

"Catering Officer" -means a person who is responsible for catering services.

 

"Maintenance Supervisor (Tradesperson)" - means an employee who has trade qualifications and has overall responsibility for maintenance at the place of employment and may be required to supervise other maintenance staff.

 

"Maintenance Supervisor (Otherwise)" - means an employee who is required to perform maintenance duties as required and who may be required to supervise other maintenance staff and has overall responsibility for maintenance at the place of employment.

 

Note:- Employees classified and paid as Recreational Activities Officers as at 3 December 2002 be reclassified in accordance with the new definitions of Care Services Employee. Employees reclassified at Level 2 by virtue of the above exercise, shall be paid at Level 3 from the effective date of this award, and continue to be so paid whilst employed in the provision of recreational activities by their current employer. These employees may be required to perform the duties of a Level 3 Care Services Employee where they have the skill and competence to do so.

 

2.        Delete Part B, and insert in lieu thereof the following:

 

PART B

 

Table 1 - Monetary Rates

 

 

Current Rate p/week from

1 September 2023

$

Care Service Employees

 

Grade 1

1089.01

Grade 2

1130.89

Grade 3

1144.22

Grade 4

 

- Level 1

1183.03

- Level 2

1276.73

Grade 5

from

1361.76

 

to

2012.18

 

1.        Note:  Employees classified and paid as Recreational Activities Officers as at 10 November, 1998 be reclassified in accordance with the new definitions of Care Service Employee.  Employees reclassified at Grade 2 by virtue of the above exercise, shall be paid at Grade 3 from the effective date of this award, and continue to be so paid whilst employed in the provision of recreational activities by their current employer. These employees may be required to perform the duties of a Level 3 Care Services Employee where they have the skill and competence to do so.

 

2.        Note:  Salary Band-Grade 5 - Employers and employees may negotiate a rate within the salary band as shown.  For the purposes of this award, the rate so negotiated shall be deemed to be the employee's award rate of pay.  Salaries in excess of the salary band may also be negotiated between the parties.

 

 

Current Rate p/week from

1 September 2023

$

Maintenance Supervisors

 

Maintenance Supervisor (Otherwise)

1168.18

Maintenance Supervisor (Otherwise)

 

 - in charge of staff

1193.44

Maintenance Supervisor (Tradesperson)

1266.58

 

 

Catering Officer

 

Trainee Catering Officer

 

1st year

1033.44

2nd year

1052.01

3rdyear

1073.35

Assistant Catering Officer

 

80-120 beds

1083.96

120-300 beds

1154.45

300-500 beds

1238.89

500-1000 beds

1271.77

Catering Officer

 

80-120 beds

1205.32

120-200 beds

1238.89

200-300 beds

1271.77

300-500 beds

1335.22

500-1000 beds

1441.25

 

 

Diversional Therapist

 

1st year of experience

1078.20

2nd year of experience

1131.84

3rd year of experience

1184.91

4th year of experience

1237.86

5th year of experience and thereafter

1288.62

 

 

Dieticians

 

1st year of service

1173.83

2nd year of service

1225.40

3rd year of service

1286.66

4th year of service

1352.98

5th year of service

1414.37

6th year of service

1463.28

7th year of service

1500.31

 

 

Therapists and Social Workers (excluding Diversional Therapists)

 

1st year of service

1143.37

2nd year of service

1173.83

3rd year of service

1225.40

4th year of service

1286.66

5th year of service

1352.98

6th year of service

1414.37

7th year of service

1463.28

8th year of service & thereafter

1500.31

 

 

Apprentices

 

Apprentice Cook

 

1st year

670.85

2nd year

922.45

3rd year

1034.24

Apprentice Gardener

 

1st year

559.06

2nd year

670.85

3rd year

894.53

4th year

1006.33

 

 

Homecare Employees

 

Homecare Employee

 

Grade 1

998.48

Grade 2

1047.51

Grade 3

1120.18

 

Current Rate p/week from

1 September 2023

$

Live-in Homecarers

 

Grade 1

Daily Rate

259.69

Grade 2

Daily Rate

293.27

Grade 3

Daily Rate

339.99

 

 

Clerical & Administrative Employees

 

Juniors

 

At 16 years of age and under

543.14

At 17 years of age

615.47

At 18 years of age

705.68

At 19 years of age

795.31

At 20 years of age

876.89

Adults

 

Grade 1

1071.50

Grade 2

1135.18

Grade 3

1190.09

Grade 4

1255.04

Grade 5

1311.69

 

Note 1:  Any employee paid on a classification/grade carrying a higher wage rate as at 10 November, 1998 shall have the difference between the higher rate and the new agreed grade/rate preserved whilst remaining to undertake the duties associated with the classification held prior to the date referred to above.

 

Note 2:  Clerks who are paid at a grade above that of Grade 5 as at 10 November, 1998 shall have the difference between that grade, inclusive of the 1998 State Wage Case Increase, and the new agreed grade preserved whilst employed in a clerical position with their current employer.

 

Table 2 - Allowances

 

Item No.

Clause No.

Brief Description

 

Current Rate from 1 September 2023

$

1

6(xi)(c)

Broken Shift

per shift

12.67

2

8(iii)(a)

Overtime - Breakfast

per meal

15.58

3

8(iii)(b)

Overtime - Luncheon

per meal

20.12

4

8(iii)(c)

Overtime - Evening Meal

per meal

29.39

5

9(iii)(b)

Overtime - recall use of own vehicle

per km

0.44

6

9(iii)(c)

On Call Allowance

per day (24 hrs)

20.64

 

13(i)

 

7

13(ii)

Climatic & Isolation Allowance

per/week

8.21

8

15(i)(a)

Climatic & Isolation Allowance

per week

15.52

9

15(i)(b)

Cleaning/Scraping Work - Confined Space

per hour

0.77

10

9(iii)(c)

Cleaning Scraping Work - Boiler/Flue

per hour

1.24

11

15(iii)

Linen Handling - Nauseous Nature

per hour

0.40

12

15(v)

Use of own vehicle

per week

0.89

13

15(ix)

Laundry & Dry Cleaning certificate Allowance

per week

13.65

14

26(ii)

Leading Hand Allowance - in charge 2-5 employees

per week

33.60

15

26(ii)

Leading Hand Allowance - in charge 6-10 employees

per week

48.05

26

26(ii)

Leading Hand Allowance - in charge 11-15 employees

per week

60.68

17

26(ii)

Leading Hand Allowance - in charge 16-19 employees

per week

74.09

18

28(i)(c)

Uniform Allowance

per week

7.99

19

28(i)(d)

Special Type Shoes Allowance

per week

2.45

20

28(i)(e)

Cardigan or Jumper Allowance

per week

2.38

21

28(i)(f)

Laundry Allowance - Uniform

per week

6.60

22

29(ii)(d)

Sleepover Allowance

per shift

59.98

23

39(vi)

Apprentice - TAFE Examination Allowance

per week

12.67

 

3.        Delete subclause A.4 of Schedule A, Training Wages and insert in lieu thereof the following:

 

A.4      Minimum Wages

 

A.4.1  Minimum wages for full-time traineeships

 

(a)       Wage Level A

 

Subject to clause A5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Schedule B are:

 

Highest year of schooling completed

Year 10

per week

1 September 2023 $

Year 11

per week

1 September 2023 $

Year 12

per week

1 September 2023 $

School leaver

395.58

436.09

523.52

Plus 1 year out of school

436.09

523.52

609.48

Plus 2 years out of school

523.52

609.48

708.35

Plus 3 years out of school

609.48

708.35

809.40

Plus 4 years out of school

708.35

809.40

809.40

Plus 5 or more years out of school

809.40

809.40

809.40

 

A.4.2  Minimum wages for part-time traineeships

 

(a)       Wage Level A

 

The minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix B are:

 

 

Highest Year of Schooling completed

Year 10

Per hour

1 September 2023

$

Year 11

Per hour

1 September 2023

$

Year 12

Per hour

1 September 2023

$

School Leaver

13.03

14.35

17.22

Plus 1 year out of school

14.34

17.22

19.99

Plus 2 years

17.22

19.99

19.99

Plus 3 years

19.99

23.32

26.62

Plus 4 years

23.32

26.62

26.62

Plus 5 years or more

26.62

26.62

26.62

 

(b)       School-based traineeships

 

The minimum wages for a trainee undertaking a school-based AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage A by Schedule B are as follows when the trainee works ordinary hours:

 

 

Year of Schooling

 

Year 11

Year 12

 

$

$

School based Traineeships Wage Level A

13.72

14.35

 

4.        This variation shall take effect from the first full pay period commencing on and from 1 September 2023.

 

 

 

N. CONSTANT, Chief Commissioner

D. SLOAN, Commissioner

J. WEBSTER, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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