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2024 Wage Increases in the Aged Care Sector

In 2020, several unions lodged applications in the Fair Work Commission (FWC) to increase wages in the aged care industry. They claimed that the minimum wage by law did not reflect the true value of their work. The FWC made an interim decision in 2022 to provide an initial increase to aged care wages. Finally, on 15 March 2024, the FWC decided to provide further increases to minimum wages in this area. This article explores wage increases in the aged care sector.

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2024 Key Employment Law Changes

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What Are the Changes?

The Full Bench of the FWC has decided to increase the minimum wages for employees in the aged care sector under three different modern awards, being the:

  • Aged Care Award 2010;
  • Nurses Award 2020; and
  • Social, Community, Home Care and Disability Services Industry Award 2010.

The wage adjustments aim to apply to direct care and indirect care employees. The decision comes after the historical undervaluation of work performed by aged care employees, partly due to gender-based assumptions, particularly concerning direct care workers.  

The minimum wages for relevant direct care employees are increasing between 13.3% and 28.5% (inclusive of the interim decision in 2022). For indirect care employees, the minimum wage increase is a more modest 3%. However, the FWC also decided that employees in roles like laundry hands, cleaners, and food services assistants would have their relevant classification level increased. This will result in higher minimum wages for employees performing those duties.

The decision will also result in some employees previously classified under the Nurses Award 2020 falling under the Aged Care Award 2010 moving forward. Likewise, a new supervisory classification under the Aged Care Award 2010 will account for this. Some similar classifications between the awards will also have their terms standardised.

Notably, the changes only apply to minimum wages under the relevant modern awards, not to all employees’ wages generally. Therefore, employers already paying above the minimum rates may not need to adjust wages or may only need to do so on a more limited basis.

What Are the Next Steps?

While the FWC has confirmed wage increases for relevant employees, they are yet to finalise a timeline for these changes. Currently, the FWC is calling for submissions about the phasing in of the changes and the proposed amendments to the modern awards. After May 2024, the FWC can confirm the date these changes take effect. 

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What Will Be the Impact of These Changes?

The FWC’s decision aims to align the modern awards with the underlying purpose of the Fair Work Act 2009 (Cth). In particular, the changes hope to promote gender equality and will undoubtedly impact many businesses in the aged care sector.

Importantly, businesses must account for this decision from a financial perspective and identify any workers who may change classifications. Relevant unions will likely monitor the implementation of workplace changes. Accordingly, employers in the aged care sector must comply with their new obligations from day one (once that date is determined).

More broadly, the successful wage increases in the aged care sector may prompt other industries to make similar applications to the FWC. The current changes demonstrate how modern awards can change if they do not accurately reflect employees’ work, particularly if they reflect historic gender biases.

Key Takeaways

The Fair Work Commission (FWC) has accepted wage increases in the aged care sector after reviewing the historical undervaluation of work performed by relevant workers. These increases will apply to direct and indirect care employees. The minimum wages for relevant direct care employees are increasing between 13.3% and 28.5%. For indirect care employees, the minimum wage increase is a more modest 3%. 

The FWC has yet to announce when these changes will take effect. Still, all businesses affected by this decision should prioritise seeking legal advice to comply with their new obligations.

To understand how the changes will impact your aged care workers, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

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Joel Hayden

Joel Hayden

Practice Leader | View profile

Joel is a Practice Leader in LegalVision’s Employment team. He has significant experience across all aspects of employment law and has previously worked for both top tier and boutique employment law practices. Joel has particular expertise in assisting employers with employment disputes and litigation and has acted for clients in a number of jurisdictions within Australia, including the Fair Work Commission, Federal Circuit Court and Federal Court of Australia.

Qualifications: Bachelor of Laws, Bachelor of Commerce, Macquarie University.

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