Recommendation 10.8 A national disability support worker registration scheme
The Final Report recommends establishing a national disability support worker registration scheme by 1 July 2028 with minimum standard registration requirements. They want consultation to begin a soon as possible and to include for example, people with a disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, support workers and their representative bodies, disability service providers, state and territory governments and peak and regulatory bodies.
The design of the Scheme should also consider:
- The definition of ‘disability support worker’;
- Code of Conduct and minimum standards for registered disability support workers including support co-ordinators;
- Mandating the NDIS Workers Screening Check for all disability support workers;
- Recognition and accreditation of workers’ qualifications, experience, capabilities and skills;
- Continuing professional development;
- Automatic registrations for disability support workers who are registered with other relevant professional bodies;
- A First Nations workforce pathway to address barrier to First Nations workers entering the sector;
- An accessible portal to enable people with disability and their supporters to view the profiles and registration status of disability workers; and
- Portable training and leave entitlements.
Recommendation 10.9 Social Community, Home Care and Disability Services Industry Award (SCHADS Award)
Recommendation 10.9 relates to the Social Community, Home Care and Disability Services Industry Award (SCHADS Award) recommending that organisations entitled to represent the industrial interests of members of the disability support workforce covered by the SCHADS Award along with the Australian Government and employers should consider a joint application to vary the SCHADS Award in accordance with section 158 of the Fair Work Act 2009 (Cth) (FW Act).
This proposes a variation to the SCHADS Award to seek to ensure equal remuneration of workers for work of equal or comparable value in accordance with section 302 of the FW Act paying particular attention to the employers’ continued use of the Schedule E of the SCHADS Award and the ‘work value’ of contemporary disability support work.
Under section 302 the Fair Work Commission may make any order (an equal remuneration order) if it considers appropriate to ensure that, for employees to whom the order will apply there will be equal remuneration for work of equal or comparable value.
Equal remuneration for work of equal or comparable value means equal remuneration for men and women workers for work of an equal or comparable value. The Fair Work Commission may make the equal remuneration order on its own initiative or on application by (a) an employee to whom the order will apply; or (b) an employee organisation that is entitled to represent the industrial interests of an employee to whom the order will apply; or (c) the Sex Discrimination Commissioner.
When deciding if there is equal remuneration for work of equal or comparable value, the Fair Work Commission may take into account, for example, comparisons within and between occupations and industries to establish whether the work has been undervalued on basis of gender or whether historically the work has been undervalued on the basis of gender or any instrument.
If the Fair Work Commission takes into account these comparisons then the comparison is not limited to similar work; and does not need to be a comparison with a historically male dominated occupation or industry. When considering these comparisons the Fair Work Commission is not required to find discrimination on the basis of gender to establish the work has been undervalued.
What next?
At this stage these are only recommendations and the Government has until 31 March 2024 to respond and say if they accept the recommendations. We will be keeping an eye on any developments. Please let us know if you have any questions we would be happy to discuss matters.
