Queensland Social and Community Services Providers

National equal pay case and the Queensland Regulation

The rate of Commonwealth supplementation provided to eligible organisations that employ staff in Queensland varies depending on whether they are subject to the Queensland Industrial Relations Commission decision. 

Organisations subject to the Queensland Industrial Relations Commission decision receive Commonwealth Government supplementation that reflects the higher rates awarded by the Queensland Industrial Relations Commission.

Organisations that are not subject to the Queensland Industrial Relations Commission decision and employ staff under the SACS Modern Award receive supplementation as per the phase-in arrangements that are outlined in the Equal Remuneration Order.

How is the Australian Government assisting organisations covered by the Queensland Regulation?

The Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulation 2012 (No. 1) (the Regulation) commenced on 1 March 2012.

The Australian Government committed approximately $30 million to assist affected Queensland SACS sector employers meet their back pay obligation in the Regulation.

The Regulation was developed after an extensive consultation process with stakeholders and took into account feedback from the sector, particularly concerns about the impact of the back pay obligation. The Australian Government’s back pay funding commitment responded to consultations and feedback from the sector.  The Regulation was also structured to phase-in the back pay obligation over three financial years in response to sector feedback. 

Background on the Australian Government’s back pay funding commitment

Following the establishment of the national Fair Work system, the Government adopted the principle that Queensland SACS workers – who had won a major pay rise in the Queensland Industrial Relations Commission decision – should not go backwards as a result of their move into the national system. The Government decided that pay rates for workers in the Queensland system would be preserved when they moved across to the national system. Furthermore, because of the national SACS equal remuneration decision, all SACS workers in Australia will, over time, be subject to the higher Queensland rates of pay.

The Regulation also protected a second group of workers: workers who would have gone back to the State system (and higher pay rates) when their transitional federal award expired on 27 March 2011. The Regulation brought forward the higher pay rates for these Queensland workers and made sure they were not disadvantaged because of changes to their industrial relations arrangements.

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