Support Workers (Pay Equity) Settlements Amendment Bill

Schedule New Part 2 inserted into Schedule 1

s 20

Part 2 Provisions relating to Support Workers (Pay Equity) Settlements Amendment Act 2019

1 References to previous Title

Every reference in any enactment and in any document to the Care and Support Workers (Pay Equity) Settlement Act 2017 must, unless the context provides otherwise, be read as a reference to the Support Workers (Pay Equity) Settlements Act 2017.

2 Employers to pay back pay

(1)

This clause applies if—

(a)

a support worker other than a care and support worker provided support services during the applicable period; and

(b)

the worker’s employer paid the worker for those services at a rate that is less than the rate that the employer would have been required to pay if the Support Workers (Pay Equity) Settlements Amendment Act 2019 had applied in respect of the worker during the applicable period.

(2)

The employer must, on the commencement of the Support Workers (Pay Equity) Settlements Amendment Act 2019, pay the worker an amount calculated as follows:

(a – b)

where—

a

is the amount that the employer would have been required to pay the worker for the provision of support services if the Support Workers (Pay Equity) Settlements Amendment Act 2019 had applied in respect of the worker during the applicable period

b

is the amount that the employer actually paid the worker for the provision of support services during the applicable period.

(3)

The calculation must take into account all applicable entitlements and deductions required by law, those specified in the worker’s employment agreement, and any other term or condition otherwise agreed to between the worker and their employer.

(4)

In this clause, applicable period means the period starting on 1 July 2017 and ending on the day before the date on which the Support Workers (Pay Equity) Settlements Amendment Act 2019 comes into force.

2A Individually funded clients to pay back pay for mental health and addiction support services

(1)

This clause applies if

(a)

a person (an individually funded client) received funding directly from a funder towards the cost of mental health and addiction support services for that person during the applicable period; and

(a)

the individually funded client employed a person (a worker) to provide the services; and

(b)

the individually funded client paid the worker for those services at a rate that is less than the rate that the client would have been required to pay if the Support Workers (Pay Equity) Settlements Amendment Act 2019 had applied in respect of the worker during the applicable period.

(2)

The individually funded client must, on the commencement of the Support Workers (Pay Equity) Settlements Amendment Act 2019, pay the worker an amount calculated as follows:

a b

where

a

is the amount that the individually funded client would have been required to pay the worker for the provision of the services if the Support Workers (Pay Equity) Settlements Amendment Act 2019 had applied in respect of the worker during the applicable period

b

is the amount that the individually funded client actually paid the worker for the provision of the services during the applicable period.

(3)

The calculation must take into account all applicable entitlements and deductions required by law, those specified in the worker’s employment agreement, and any other term or condition otherwise agreed to between the worker and the individually funded client.

(4)

In this clause, applicable period means the period starting on 1 July 2017 and ending on the day before the date on which the Support Workers (Pay Equity) Settlements Amendment Act 2019 comes into force.

3 Continuous employment for mental health and addiction support workers

(1)

This clause applies to a mental health and addiction support worker who was employed by an employer—

(a)

immediately before and on 1 July 2017; and

(b)

on 1 July 2018.

(2)

For the purpose of clause 1 of Schedule 2 of this Act, the worker’s length of service includes the time, during the period beginning on 1 July 2017 and ending on 30 June 2018, that the worker was—

(a)

employed by any employer and was providing support services; or

(b)

employed by any employer but was not providing support services; or

(c)

employed outside of the support services sector.