Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016

12 No HCS employee to be financially disadvantaged

(1)

Subsection (2) applies if, because of the operation of section 10, an HCS employee’s post-commencement travel entitlement is less than the employee’s pre-commencement travel entitlement.

(2)

The HCS employer must compensate the employee for the reduced entitlement by inserting a term in the employee’s employment agreement that has the effect of requiring the employer to pay the employee an amount for travel between clients greater than that required by this Act.

(3)

The amount must be no less than the amount that is equal to the employee’s total entitlement before 1 July 2015.

(4)

An HCS employer and an HCS employee—

(a)

may agree to enhance a term inserted in the employee’s employment agreement under subsection (2); but

(b)

may not agree to otherwise amend or remove the term at any time while the employee is employed by the employer.

(5)

In this section,—

post-commencement travel entitlement means an HCS employee’s total entitlement under this Act for travel between clients in the pay period immediately after 1 March 2016

pre-commencement travel entitlement means the total amount an HCS employee would have been entitled to for the following travel under the terms of his or her employment agreement at 30 June 2015 were section 10 not in force:

(a)

travel between clients in the pay period immediately after 1 March 2016; and

(b)

travel described in section 10(1)(b) in the pay period immediately after 1 March 2016.