Thank you to all the members who completed the CPSU NSW survey regarding sleepovers in August. The survey served to inform the CPSU NSW’s advocacy for members in relation to the current Fair Work Commission (FWC) hearing on the Social, Community, Home Care and Disability Services Industry Award (SCHADS Award).
As members are aware, peak employer groups (including the Australian Industry Group (AI Group) are seeking to vary the SCHADS Award and reduce the already paltry conditions and remuneration afforded to members during sleepovers.
The CPSU NSW is strongly opposed to the applications made the employer groups and has separately filed an application to increase the sleepover allowance and improve conditions more generally. A copy of the application filed in the FWC is available here.
In August 2024, President Hatcher determined to hear the Unions’ application in two parts, the first part would involve the applications made by the employer groups and the part of the Unions’ application which was directly in response to those applications. The second part of the proceedings would deal with the remainder of the Unions’ application which seeks to improve the conditions related to sleepovers, including seeking an increase to the allowance payable for each night an employee sleeps over at the workplace.
The first part of the proceedings were heard before the Full Bench of the FWC on 4 to 6 November 2024.
The primary submission of the Unions’ throughout the proceedings is that there is no ambiguity about the relevant clauses in the SCHADS Award concerning whether a sleepover is a break. In the alternative, if the Commission determines that there is an ambiguity about the terms of the SCHADS Award, that it is appropriate and reasonable for the Full Bench to vary the SCHADS Award to clarify that a sleepover is not a break.
The Full Bench reserved its decision and we do not have a timeframe for when we can expect a decision. As soon as a decision is published, the CPSU NSW will advise members.
As noted above, President Hatcher divided the Unions’ application to vary the SCHADS Award into two parts. There has been no evidence filed or submissions made concerning the Unions’ application to increase the sleepover allowance and improve the conditions more generally. This part of the proceedings are still to come and there have not been any directions set at this point requiring the filing of any evidence. Members will be updated regarding the second stage of the Fair Work Commission’s hearing into SCHADS Award as soon as it has occurred.
If a disability services provider already has an Enterprise Agreement, any changes to the sleepover provisions to be determined by the FWC as part of these applications will be included in the CPSU NSW’s bargaining parameters when the current enterprise agreement expires.
