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.