Aged Care Work Value Case a) The Parties covered by this Agreement acknowledge the decisions made by the Fair Work Commission to vary modern awards to increase the minimum wages of aged care sector workers (AM2020/99, AM2021/63, AM2021/65) (the Work Value Applications).
b) Where a percentage increase to wages in Schedule 3 is applicable under this clause, employees will be entitled to the greater of:
a. the Estia Health Rates with the applicable Schedule 3 increase applied; or
b. the Work Value Case Rates.
c) Should the “Stage Three Decision” in the Work Vale case regarding Matter AM2021/63 result in Estia Health receiving net additional, Work-value case specific Government funding towards increasing the base rate of Employees or a group of Employees covered by this Agreement, Estia Health will pass on that funding by way of wage increases to the Estia Health Rates (not the Work Value Case Rates) applicable directly to those Employees, or group of Employees for which the additional funding has been granted subject to any obligations for payment which may be made by Government as a condition of receiving the additional funding.
d) If the Government does not fully fund the “Stage Three Decision”, any such increase will be equivalent to the net amount granted for each relevant employee, less a portion of funding attributable to on-costs (e.g. increases in superannuation, payroll tax, workers compensation etc, arising from the increased rate of pay).
Aged Care Work Value Case. Stage 3
10.1 The parties acknowledge that as at the commencement of this Agreement:
(a) the 15% interim increase to Nurses Award and Aged Care Award rates for relevant classifications (Registered Nurses, Enrolled Nurses, Personal Care Workers, Lifestyle and Head Chefs/Cooks that are the most senior chef or cook engaged in a facility) arising from the Stage 2 proceedings of the Aged Care Work Value Case (ACWVC) (Matter Numbers: AM2020/99, AM2021/63 and AM2021/65) has been implemented and is reflected in Appendix 1 of this Agreement; and
(b) a decision in relation to Stage 3 of the ACWVC has not been determined.
10.2 Subject to the Fair Work Commission handing down a decision under Stage 3 that provides for increases to Nurses Award and Aged Care Award rates for the equivalent classifications of relevant Employees, and the Commonwealth providing funding to the Employer in respect to those increases, the Employer and Unions covered by this Agreement will discuss how that Commonwealth funding will be passed on to the relevant Employees.
10.3 The Employer commits to:
(a) meet with the Unions within 28 days of the decision of the Commission being known to discuss implementation; and
(b) pass on all of any additional ACWV case funding for Stage 3 to relevant employees in a timely manner in accordance with any Commonwealth Wages Guidance (subject to the funding provided being sufficient to meet both substantive wages and on-costs); and
(c) apply the increases set out in clause 8.1 above on the scheduled dates and in addition to any Stage 3 ACWV increases; and
(d) seek to vary the wages schedule at Appendix A and any consequential provisions of this Agreement in accordance with the Act and in cooperation with the Unions.
10.4 For the purpose of this clause, “relevant Employees’ means those Employees to whom the Agreement applies and who are performing work which would have been covered by classifications in the Nurses Award 2020 or Aged Care Award 2010 that receive an increase in Award rates under the outcome of the Stage 3 proceedings, subject to variations arising from the ACWVC.
Aged Care Work Value Case. (a) The Parties covered by this Agreement acknowledge the decisions made by the FWC to vary modern awards to increase the minimum wages of aged care sector workers (AM2020/99, AM2021/63, AM2021/65) (the Work Value Applications).
(b) Where a percentage increase to wages in Schedule 3 is applicable under this clause, Employees will be entitled to the greater of:
(i) the Estia Health Base Rates with the applicable Schedule 3 increase applied; or
(ii) the Work Value Case Rates.
(c) Should the “Stage Three Decision” in the Work Vale case regarding Matter AM2021/63 result in Estia Health receiving net additional, Work-value case specific Government funding towards increasing the Base Rate of or a group of Employees covered by this Agreement, Estia Health will pass on that funding by way of wage increases to the Estia Health Rates (not the Work Value Case Rates) applicable directly to those Employees, or group of Employees for which the additional funding has been granted subject to any obligations for payment which may be made by Government as a condition of receiving the additional funding.
Aged Care Work Value Case. (a) The employer commits to passing on to employees covered by this Agreement any increase to wages resulting from the Aged Care Work Value Case, subject to the provision of government funding which funds the increases in full (including on-costs). This will be in addition to the increases set out in Schedule 1 (Wage Rates and Allowances) of this Agreement.
(b) In implementing any outcome of the Aged Care Work Value Case, the employer commits to seek to vary Schedule 1 and any consequential provisions of this Agreement in a timely manner.
(c) The employer will make a copy of the updated schedules available to employees via the usual means of communication.
