NDIS and Social and Community Services

The social and community services industry is fast growing and includes the crisis assistance and supported housing sector, the social and community services sector, the home care sector and the family day care scheme sector.

Employees are usually covered by a modern award such as the Social, Community, Home Care and Disability Services Industry Award 2010.

Operating as an NDIS provider involves managing responsibilities of the NDIS scheme, managing responsibilities to clients as well as complying with employment law requirements.

Businesses and employees may need assistance with:

  • preparing, negotiating or reviewing an employment contract;
  • modern award entitlements and position classification;
  • award entitlements.
  • understanding portable long service leave for the community worker sector;
  • carer agreements with clients;
  • NDIS compliant policies and procedures.

Call WorkLegal to arrange a fixed fee consultation to discuss how we can assist you.

Have you experienced difficulty working in the social and community services sector? Contact us for early advice.

1300 223 398

ENQUIRE NOW

Have you experienced difficulty working in the social and community services sector? Contact us for early advice.

1300 223 398ENQUIRE NOW

The social and community services industry is fast growing and includes the crisis assistance and supported housing sector, the social and community services sector, the home care sector and the family day care scheme sector.

Employees are usually covered by a modern award such as the Social, Community, Home Care and Disability Services Industry Award 2010.

Operating as an NDIS provider involves managing responsibilities of the NDIS scheme, managing responsibilities to clients as well as complying with employment law requirements.

Businesses and employees may need assistance with:

  • preparing, negotiating or reviewing an employment contract;
  • modern award entitlements and position classification;
  • award entitlements.
  • understanding portable long service leave for the community worker sector;
  • carer agreements with clients;
  • NDIS compliant policies and procedures.

Call WorkLegal to arrange a fixed fee consultation to discuss how we can assist you.

Case Study – Reconciling SCHADS Award Pay rate with SCHADS award

ABC Pty Ltd provided disability support worker who had overnight stays at the client’s location. ABC was unclear about how to pay its employees for overnight stays. ABC wanted to have pay arrangements that met the requirements of section 25.7 of the SCHADS award, that aligned with the NDIS definition of night-time sleepover support terms and that incentivised employees to do sleepovers and provide a high level of care if get ups to attend the patient were required. After talking the situation through, a pay arrangement for sleepover arrangements was able to be devised that met all the requirements.

Case Study – Pay rate within award classification

Jill is employed by an agency under the Social, Community, Home Care and Disability Services Industry Award 2010 and paid as a home carer even though most of her working day is providing lifestyle support to persons with a disability when out in the community.   Jill is confused about how the Award applies to her position and takes legal advice.  Jill is advised that the classification and higher pay point as a social and community services employee is more suitable to her position.  Jill’s lawyer helps her to raise the issue appropriately with her employer, which agrees to rectify the classification and pay.

Case Study – unfair dismissal and other rights for a dismissed social and community services worker

Andy’s uncle and aunt established and own a business that provides social and community care to persons with a disability.   Andy is employed by the business as a social and community services employee.  Andy asks for a pay rise and said he believes he should have a higher classification under the Social, Community, Home Care and Disability Services Industry Award 2010.  The business owners (Andy’s uncle and aunt) are furious and say he should be grateful he has a job at all.  A week later Andy asks if they have reconsidered is request, and his employment is terminated on the spot.   Andy seeks legal advice and is advised that he should have been paid at a higher classification.  Andy is also advised that the circumstances of dismissal give rise to rights of action under either unfair dismissal or general protections (adverse action) laws, and that important time limits apply to commencing a claim.