Aged Care Award 2010

The Full Bench of the Fair Work Commission (FWC) heard an application by the Health Services Union and the National Union of Workers seeking an interim increase in minimum wages for certain aged care workers. The applicants argued that the current minimum wage rates in the relevant awards did not adequately compensate direct care workers for the value of their work. The Full Bench issued a Stage 1 decision on 4 November 2022, concluding that the existing minimum wage rates for direct aged care workers, including personal care workers, home care workers, and various nursing roles, did not properly compensate them. The Full Bench identified three broad considerations in favour of an interim increase in minimum wages for certain categories of aged care workers. It proposed an interim increase of 15% for personal care workers, home care workers, and various nursing roles in aged care. The Full Bench did not propose an interim increase for head chefs/cooks or recreational activities officers/lifestyle officers, directing the parties to confer on these issues.

The Full Bench considered the complex issues raised in the proceedings and concluded that further submissions and, potentially, further evidence from the parties were required. The Full Bench emphasised that the interim increase did not conclude its consideration of the Unions' claim for a 25% increase for other employees, namely administrative and support aged care employees, nor did it necessarily exhaust the extent of the increase justified by work value reasons in respect of direct care workers. The Full Bench provided directions for the parties to confer on the issues of head chefs/cooks and recreational activities officers/lifestyle officers, with the possibility of further consideration of interim increases for these roles in the next stage of the proceedings. The Full Bench clarified that the interim increase was plainly justified by work value reasons but did not conclude its consideration of the Unions' claims.

The Full Bench issued an interim decision providing an increase in minimum wages for certain aged care workers. The Full Bench concluded that an interim increase of 15% to modern award minimum wages applying to direct aged care workers was plainly justified by work value reasons. The interim increase applied to personal care workers and home care workers at all levels at and below the Certificate III level, along with registered nurses, enrolled nurses, assistants in nursing, and nurse practitioners working in aged care. The Full Bench did not propose an interim increase for head chefs/cooks and recreational activities officers/lifestyle officers, directing the parties to confer on these issues. Should the parties be able to agree on the quantum of an interim increase and the classification(s) to which it would apply, the Full Bench would give further consideration to determining an interim increase for these roles in the next stage of the proceedings. Absent agreement between the parties, any increase applicable to head chefs/cooks and recreational activities officers/lifestyle officers would be dealt with in a later stage of the proceedings. The Full Bench clarified that the interim increase did not conclude its consideration of the Unions' claim for a 25% increase for other employees, namely administrative and support aged care employees, nor did it necessarily exhaust the extent of the increase justified by work value reasons in respect of direct care workers.