Could aged care workers be next?
The recent FWA equal remuneration sets a legal precedent which could be used to increase the wages of aged care workers performing ‘caring duties’.
By Yasmin Noone
Aged care unions could use yesterday’s historic Fair Work Australia (FWA) equal remuneration decision, which awarded social and community services (SACS) workers with a 19 to 41 per cent wage increase, to secure substantial pay rises for their own members, an industrial relations expert said.
The test case, lodged by the Australian Services Union (ASU) in 2010 on behalf of its members and a range of other unions including United Voice, sought to address the gender-based undervaluation of the community services sector and deliver pay increases for workers performing “caring duties”.
According to Tim Longwill, partner at McCullough Robertson Lawyers, when the FWA handed down a decision in favour of the applicant yesterday, it set a legal precedent for other unions to use as a basis for equal remuneration orders of their own.
For example, he said, the case could be used by aged care unions or other representative groups to reap similar increases for the female-dominated, low-paid residential and community care workforce.
“From the aged care perspective, aged care workers have, to-date, hit the same hurdle as SACS workers [in achieving wage increases] because the sector is primarily government-funded and providers think they won’t be able to provide an increase in wages without an increase in government support,” Mr Longwill said.
“There is no reason why the ANF [Australian Nursing Federation] or United Voice couldn’t run a similar case in the aged care sector and achieve a similar result
“There’s no reason why this [decision] wouldn’t flow onto other sectors where similar [caring] work is being done and there is a similar undervaluing of work performed [on the basis of gender equity].”
“It’s about identifying those skills that are normally undervalued [like caring] and then applying the FWA formula to other areas.”
Mr Longwill said the case could also have other workforce and financial impacts on the aged care sector.
For example, he said, higher SACS wages could be the deciding factor which motivates a personal care worker, who could have worked in a residential aged care facility, to take up a position with disability services.
It could create “a two-tier market of people who can work in the aged care sector but will go into [other community-based jobs] because the market pays a lot more”.
“There will also be big providers…who will be impacted by this decision without a doubt because the increase in SACS wages will impact on their bottom line [which could then impact on the aged care arm of their organisation].”
He also warned the decision could influence informal carers, currently paid a government pension.
“Why should they be paid significantly less for the work they do when others [are getting more] for the same work?”
Assistant national secretary of United Voice, Sue Lines, agreed that the union could potentially use the FWA test case to increase the wages of residential and community care workers.
However, she said, the union hopes to achieve pay rises for aged care workers through aged care reform and sector consultation.
“Our aged care wages campaign is different [to the SACS campaign],” Ms Lines said.
“We really do want the industry to sit down with government on wages and the opportunity to do that is through the National Aged Care Alliance (NACA) and aged care reform.”
Ms Lines said the union was happy with the wage increases secured through yesterday’s FWA ruling.
But, United Voice disagreed with the eight-year implementation timeline decided upon by the full bench because it is two years longer than that recommended by the ASU, as stated in its joint submission with the federal government.
“It’s a bit of a sting in the tail. Why, in 2012, in a country as wealthy as Australia, are we still struggling to get equal pay for women?
“Why an extra two years when the federal government and employers were okay with the time frame the union put forward?
“I can’t see any reason why FWA would make women [SACS workers] wait another two years when they are already low paid.”
Mr Longwill interpreted FWA’s reason for extending the implementation period, stating that employers and governments simply needed more time to factor wage increases into their financial plans.
“The underpinning concern was the affordability of providing the federal government and states time to come up with the money,” he said.
“But, there was also a realisation that there’s non-government providers who are going to have to re-jig themselves as well.
“These are very low or no-profit [providers] so these organisations are going to have to reconfigure themselves in order to provide services [in the future because of increased wages] or cut services and staff.
“So part of the reason to extend the time-frame is to give providers [and governments] time to get sorted.”
ASU’s assistant national secretary, Linda White, said the decision was a crucial step forward in closing the 18 per cent pay gap that currently exists between men and women.
“After many years of appalling pay this decision finally gives them the recognition they deserve,” Ms White said.
“These workers do crucial work in our communities and yet up until now they have been paid more than 30 per cent less than those performing comparable work in other sectors.
“…The recommended phase in time for the increases has been extended from six years to eight years. This is disappointing for workers but we should not lose sight of the fact that this is the first decision that backs equal pay in a generation.”
The first major milestone of the case was in May last year when FWA recognised that female SACS workers are currently being underpaid simply because of their sex.
The full bench then ruled that women working in the SACS industry are not paid the same as their male counterparts for the same or comparable work.
The application, initially lodged in March 2010, covered SACS workers in the aged and community care sector who are also members of Health Services Union (HSU), The Australian Workers’ Union of Employees, Queensland (AWU Queensland) and United Voice (UV).
The union’s submission specifically included tasks performed by women in the aged and community care sector in its list of duties that were labelled as having a “female characterisation”. Such caring tasks performed by females, the union claimed, are currently undervalued.
In November 2011, Prime Minister Julia Gillard announced that the application’s principle respondent, the Commonwealth, would publically and legally support the umbrella applicant, the ASU and present a joint submission to the FWA in the case.
Experts believe this move was what secured a win for the ASU.
So when are we going to WIN ? 8 years time ? I am 59yrs now, working 5 days a week at $20.18ph. I do not have any life outside of work as i work every weekend just to get an extra $50.00 for each day of the weekend. I do not have a partner to help me. I use most of one fortnightly pay on rent, and the next fortnight bills and food and living expeces.I have just completed Certificate 1V in Aged Care which cost $1722.00 and was told by management i will get a 24c ph pay rise. As an advanced AIN/PCA my duties are,showering,dressing,wound care,BP’s BGL’s, urynalisis, medications,pharmacy faxing,palitive care and attending to residents when they pass away, so they are presentable to their family,feeding residents and cleaning up spills eg:feaces, vomit,urine,blood,phlegm and it go’s on,ACFI and progress notes.The only thing that we do not do is intravenus injections.Supermarket worker’s earn more than we do, why ? They scan groceries at the check out.I worry about how i am going to pay the next bill that comes in, or buy food. This is certainly not the lucky country if you are single. Please remember this,a couple has two wages comming into the home, and only one wage when single paying the same bills. HELP!
Although, married I agree with you entirely. My wife works in aged care as a part time casual performing all the duties you describe – but ends up working full time at 1/2 a full-time wage traveling between clients and being available on weekends and after hours at the drop of a hat. My daughter aged 17 works in a Bakery part-time and earns the same hourly rate.
The Government in this country is taking aged care workers for a ride and will continue to do so for as long as possible. Alternatively, they will increase the number of recently arrived female immigrants prepared to initially work for far less than is needed.
It makes me think that we do not value our elders either. If a check out chick or a sales worker can earn more per hour then people looking after our elderly during their most vunerable moments then Australia has failed the people that won wars to keep Australia free.
Hear, Hear! The more staff speak up – and then act out, the more likely it is that some change will be brought around. On the list of duties you have to add on the extra burden (and it is considerable!) of dealing with all those duties, while dealing with the ever-present dementia. Getting someone to open to sip their drink can take 10 times longer than any other patient in regular ‘care’.
Truly I worry that without action, nothing will be achieved.
A big thank you to all the aged care workers – you’re heroes!
I have been thinking of doing an aged care course and changing from being a kitchen hand to being an aged care worker. I am a single mum and need flexible work hours and I have heard that aged care can be family friendly but when I do my sums, $1700 to do gain the certificate at TAFE and then the low wages I will gain once I start employment, don’t add up. I will have to borrow the money to do the course but how could I earn enough to pay back the loan on aged care wages? I earn more per hour as a kitchen hand so I will stay a kitchen hand as I am better off. I am disappointed as I really like elderly people and I would make a good carer. Oh well!
All the other comments are spot on. My daughter in law is one of those aged carers. She does all of the above and also is forever sick because of having to work amongst sometimes very sick elderly patients.Despite all of that she loves the work, but is seriously comtemplating leaving to find higher wages. I personally find the wages an insult, and the Australian and Western Australian State governments should hide their heads in shame. One other thing is that my daughter in law is still fighting to get her wages paid to her, at this point of time $1600 is owed to her from unpaid wages and she has only been at this particular, no names no pack drill, nursing home for 3 months. The previous nursing home that she was at was fantastic, even though low paid, it was better than this one. She holds a Level Three aged carer certificate
hi I am a aged care worker for the last 10 yrs I have seen alot in aged care and can do pretty much anything a nurse can do but on a permanent wage earning only 18.oo dollars a hr I feel like im getting ripped off every day off the wk I go to wk. my wife and my other family members are constantly getting pay rises and there employers value there hard work, there pays are going upwards of $60000 to $80000 dollars and I struggle to make $40000 a yr. I get very depressed as I love my job. I am also currently studying enrolled nursing and that now a $8000.00 dollar course and my great government will not offer there own hard working ppl support but if I lived in india I could do it for free, I not rasist but give our own aussies a go ive payed taxes give me a go. it is very frustating situation. Im sorry if i offended anyone.
I agree with all comments here. I am 59 and started working in aged care part time about 18 months ago. When I was younger I worked as a private secretary; however, due to family commitments and health issues I needed to leave the workforce for some time. I was excited to be entering the workforce again and believe I am a very good worker. I do not have a lot of experience but I am continually learning and I am kind and patient with the elderly. I have a husband who brings in a decent income, so like some other singles here, I am not dependent solely on my money. I feel for other workers with less support. We only get just over $18 per hour, other members of my family, e.g. sons, daughters, nieces and nephews all earn more than I do. It is embarrassing also when people ask how much you get paid. I couldn’t do this work full time as it would virtually kill me. It is quite demanding physically and mentally. Now all the staff have been informed that it is “compulsory” for us to complete a “assist with medication” course and here is the main point NO EXTRA MONEY for all that extra responsibility. I don’t know where to turn for assistance with this. I feel it is unfair and also I care for the other workers who are in a worse predicament than myself. I wish there was a way we could get help with our salary, but how? Who can assist us with this?
My wife came home today and told me she was looking for another job, extremely upset she told me about how the industry is changing constantly to the point where she is having trouble keeping up with all the extra work load…she is now expected to write up care plans,as well as all those items listed by other participants.
My god she is a PCA nothing else. Let them concentrate on what they are able to do.