Responsibility: Australian Government
Response: Note
Status: Note
What has been achieved to date
This recommendation has been noted. Please refer to the Australian Government response to this recommendation for additional information.
What the Disability Royal Commission said in the final report
Organisations entitled to represent the industrial interests of members of the disability support workforce covered by the Social, Community, Home Care and Disability Services (SCHADS) Industry Award 2010, along with the Australian Government and employers, should consider a joint application to vary the modern award in accordance with section 158 of the Fair Work Act 2009 (Cth). This would seek to ensure equal remuneration of workers for work of equal or comparable value in accordance with section 302 of the Fair Work Act 2009 (Cth), paying particular attention to employers’ continued use of Schedule E and the ‘work value’ of contemporary disability support work.
Australian Government response 2024
The Australian Government is committed to a sustainable and productive care and support economy that delivers quality care and support with quality jobs, including fair wages across the sector. On 17 June 2024, the Australian Services Union, Australian Workers Union, Health Services Union, and United Workers Union applied to the Fair Work Commission to vary the Social, Community, Home Care and Disability Services (SCHADS) Award to clarify that Schedule B of the Award (covering social and community services workers) applies to employees providing disability services funded by the NDIS. (The Government does not have standing under section 158 of the Fair Work Act 2009 to bring an award variation application for the majority of modern awards, including the SCHADS). On 7 June 2024, the independent Fair Work Commission commenced own-motion work value proceedings to consider possible gender-based undervaluation in certain priority modern awards, including the SCHADS Award. The Fair Work Commission will consider the application by the Australian Government Response to the Disability Royal Commission Australian Government Response – Volume 10 209 Australian Services Union, Australian Workers Union, Health Services Union, and United Workers Union alongside these own-motion proceedings. On 24 June 2024, the Fair Work Commission issued a timetable scheduling final hearings in both of these cases in December 2024, following further consultations with and submissions by the parties.
More recommendations
View progress on other recommendations made by the Royal Commission.