With copied State awards set to expire from September 2022, the CPSU NSW is here to support employees who transferred from the Department of Family and Community Services (Ageing, Disability and Home Care) and take steps protect your pay.
The exact award expiry date for each disability services provider depends on the date your employment was transferred from FACS:
LiveBetter – 6 September 2022
Connectability (Mid North Coast) – 6 September 2022
Aruma – 5 October 2022
AbilityOptions – 1 December 2022
Connectability (Hunter) – 1 December 2022
Finding Yellow – 1 December 2022
Life Without Barriers – 22 February 2023
Cerebral Palsy Alliance – 8 March 2023
The Disability Trust – 28 June 2023
Disability Services Australia – 13 December 2023
Under the Fair Work Act 2009, your old state award (e.g. Crown Employees Ageing, Disability and Home Care – NSW Department of Family and Community Services (Community Living Award) 2015) became a “copied state award” as soon as your employment transferred from FACS. Copied State awards remain in place for up to five years from the date of transfer, unless otherwise replaced by an enterprise agreement or terminated by the Fair Work Commission.
At the conclusion of five years, a copied State award expires and, in the absence of an enterprise agreement or other instrument regulating your employment, transferred employees fall back on the modern award – in this case, the Social, Community, Home Care and Disability Services Award 2010.
The Fair Work Act provides a mechanism to apply for a Take Home Pay Order where a member’s take-home pay has been reduced as a result of moving from the copied State Award to the Social, Community, Home Care and Disability Services Award 2010 after the copied state award ceases to apply.
The CPSU NSW is here to protect your pay and we’ll keep you updated as the situation unfolds.
For further information, contact the National Team at the CPSU NSW on 1300 772 679.
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