HSU Marks Historic Gender Equality Win in Fair Work Ruling

Health Services Union

The Health Services Union is today celebrating an historic decision, with the Fair Work Commission finding minimum award rates of pay for several health, care, and support sector occupations have been undervalued based on gender.

The Fair Work Commission has released its first decision into its Gender-Based Undervaluation Review which began last June.

It found health professionals, pathology collectors and dental assistants covered by the Health Professionals and Support Services Award and workers covered by the Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award have been subject to pay undervaluation based on gender. The expert panel found a boost to minimum award rates of up to 35.23% was justified in light of this inequity.

It also found that a loophole in the Social, Community, Home Care and Disability Services Industry Award being exploited by some employers to misclassify disability support workers as home care employees, rather than social and community services employees under the Award, should be closed. The loophole meant some disability support workers were being paid around $10 an hour less than others despite performing the same work, with employers pocketing the difference. Thanks to this decision, all disability support workers will now be paid equally for the important work they do, regardless of where that work is performed.

However, we echo union concerns that the proposed new classification structure in the SCHADS Award may unintentionally disadvantage some workers. We hope that it is carefully considered by the Fair Work Commission.

"This is an historic and welcome decision from the Fair Work Commission. The health, care, and support sectors are critical, and most of the people performing the essential roles in these sectors are women," HSU National Secretary Lloyd Williams said.

"Boosting the minimum award rates for these workers is well overdue and will make a huge difference for members in the current cost of living crisis. There's still work to be done, but this is a major win for our members, and for women more broadly."

"This decision would not have been possible without the Albanese Labor Government. Labor paved the way for the Fair Work Commission to be able to examine gender-based undervaluation, so we are grateful for that reform," Williams said.

"It's important to acknowledge that not all occupations under the Health Professionals and Support Services Award will see their minimum award rates of pay increase, and that's disappointing. We'd really like to see improved pay and conditions for all workers under this Award, and we'll keep pushing for that to happen."

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