After a period of lengthy deliberation, the Fair Work Commission (FWC) has released a comprehensive decision on Tranche 2 substantive claims raised through the review of the SCHADS Award.
The claims raised related to the following matters:
Members should refer to the SCHADS outcomes and summary of proposed variations table [Accessible Word]Â for more detail.Employers and their advocates have achieved most of the changes they sought in the earlier 2017 SCHADS consent package, but in a modified form for remote response work, client cancellations and roster variations.Travel time will, however, be addressed partly through a significant tightening of broken shift arrangements (only 1 or 2 breaks are allowed), a broken shift allowance, the imposition of new minimum engagements for part-time staff and minimum engagements applying to each period of work. These changes are intended to recognise the disutility associated with broken shifts for employees, while still retaining some flexibility for employers, and will also go some way towards ensuring that travel time between clients is recognised as time worked by an employee and reimbursed accordingly.The decision reflects that broken shifts, minimum engagements and travel are interrelated and follows approaches by NDS and ABLA seeking practical compromises that balance employer flexibility and reasonable hours for employees.Subject to the detail of final drafting, NDS members will need to consider how proposed changes to broken shift arrangements, travel time and remote response work differ from their current practice.For example, restrictions on the number of breaks may affect the provision of in-home support where providers utilise fragmented work patterns throughout the day.The new allowances and changes to overtime arrangements will need to be factored into NDIS pricing. NDS will examine the possible impacts of these changes in consultation with members before approaching the NDIA with any pricing proposals.It is important to note that the proposed date of effect for the Award changes is 1 October 2021.The changes will not affect employees covered by enterprise agreements but will be relevant to the better off overall test for future agreements.There will be a conference held at the FWC on 27 May to discuss some outstanding drafting issues, including: