MA000027

Health Professionals and Support Services Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 August 2023 (PR763223).

Clause(s) affected by the most recent variation(s):

6—Requests for flexible working arrangements

25—Overtime

29—Parental leave and related entitlements

36—Dispute resolution

 

Table of Contents

[Varied by PR721363, PR728137, PR740695; corrected by PR741373; varied by PR747345, PR748510, PR750477]

Part 1— Application and Operation of this Award. 4

1. Title and commencement. 4

2. Definitions. 4

3. The National Employment Standards and this award. 5

4. Coverage. 5

5. Individual flexibility arrangements. 6

6. Requests for flexible working arrangements. 8

7. Facilitative provisions. 8

Part 2— Types of Employment and Classifications. 9

8. Types of employment. 9

9. Full-time employees. 9

10. Part-time employees. 9

11. Casual employees. 10

12. Classifications. 11

Part 3— Hours of Work. 11

13. Ordinary hours of work. 11

14. Rostering arrangements. 12

15. Breaks. 12

Part 4— Wages and Allowances. 13

16. Minimum rates for Support Services employees. 13

17. Minimum rates for Health Professional employees. 18

18. Higher duties. 20

19. Supported wage system.. 21

20. National training wage. 21

21. Payment of wages. 21

22. Annualised wage arrangements. 22

23. Allowances. 24

24. Superannuation. 28

Part 5— Overtime and Penalty Rates. 29

25. Overtime. 29

26. Penalty rates and shiftwork. 33

Part 6— Leave and Public Holidays. 33

27. Annual leave. 33

28. Personal/carer’s leave and compassionate leave. 38

29. Parental leave and related entitlements. 38

30. Community service leave. 38

31. Ceremonial leave. 39

32. Family and domestic violence leave. 39

33. Public holidays. 39

Part 7— Consultation and Dispute Resolution. 40

34. Consultation about major workplace change. 40

35. Consultation about changes to rosters or hours of work. 41

36. Dispute resolution. 41

Part 8— Termination of employment and Redundancy. 42

37. Termination of employment. 42

38. Redundancy. 43

Schedule A —Classification Definitions. 45

Schedule B —List of Common Health Professionals. 54

Schedule C —Summary of Hourly Rates. 57

Schedule D —Summary of Monetary Allowances. 67

Schedule E —School-based Apprentices. 70

Schedule F —Supported Wage System.. 71

Schedule G —Agreement for Time Off Instead of Payment for Overtime. 74

Schedule H —Agreement to Take Annual Leave in Advance. 75

Schedule I —Agreement to Cash Out Annual Leave. 77


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Health Professionals and Support Services Award 2020.

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3                   A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2.                      Definitions

[Varied by PR733881]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.

apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority.

[Definition of casual employee inserted by PR733881 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

employee means national system employee within the meaning of the Act.

employer means national system employer within the meaning of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

health industry has the meaning given in clause 4.2.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

private medical, dental, pathology, physiotherapy, chiropractic and osteopathic practice means the practice of any practitioner, such as medical centre, general practice, specialist practice, family practice, medical clinic, dental practice, pathology practice, physiotherapy practice, chiropractic practice, osteopathic practice and women’s health centre, but does not include medical imaging practices, hospitals or hospices.

[Definition of regular casual employee inserted by PR733881 from 27Sep21]

regular casual employee has the meaning given by section 12 of the Act.

shiftworker is an employee who is regularly rostered to work their ordinary hours outside the span of ordinary hours of work of a day worker as defined in clause 13.2.

standard rate means the minimum weekly rate for a Health Professional employee—level 1 pay point 2 in clause 17.2.

undergraduate 2 (UG 2) means an employee with a diploma or equivalent.

3.                      The National Employment Standards and this award

3.1                   The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2                   Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3                   The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4.                      Coverage

[Varied by PR724589]

4.1                   This industry and occupational award covers:

(a)          employers throughout Australia in the health industry and their employees in the classifications listed in Schedule A—Classification Definitions to the exclusion of any other modern award; and

(b)         employers engaging a health professional employee in the classifications listed in Schedule A—Classification Definitions.

4.2                   The health industry means employers whose business and/or activity is in the delivery of health care, medical services and dental services.

4.3                   This award covers any employer which supplies labour on an on-hire basis in the health industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4                   This award covers any employer which supplies on-hire employees in classifications set out in clause 17Minimum rates for Health Professional employees and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5                   This award covers employers which provide group training services for apprentices and trainees engaged in the health industry and/or parts of that industry and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6                   This award does not cover:

(a)          employees excluded from award coverage by the Act;

(b)         employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c)          employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

[4.6(d) inserted by PR724589 ppc 01Jul21]

(d)         Medical Practitioners

4.7                   Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5.                      Individual flexibility arrangements

5.1                   Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

5.2                   An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3                   An agreement may only be made after the individual employee has commenced employment with the employer.

5.4                   An employer who wishes to initiate the making of an agreement must:

(a)          give the employee a written proposal; and

(b)         if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5                   An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6                   An agreement must do all of the following:

(a)          state the names of the employer and the employee; and

(b)         identify the award term, or award terms, the application of which is to be varied; and

(c)          set out how the application of the award term, or each award term, is varied; and

(d)         set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e)          state the date the agreement is to start.

5.7                   An agreement must be:

(a)          in writing; and

(b)         signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8                   Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9                   The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10               The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11               An agreement may be terminated:

(a)          at any time, by written agreement between the employer and the employee; or

(b)         by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12               An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under clause 5.11(b).

5.13               The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6.                      Requests for flexible working arrangements

[6 substituted by PR763223 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 36—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

7.1                   A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2                   Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

15.1(b)

Unpaid meal breaks

An individual

15.2(b)

Paid tea breaks

An individual

21.1

Payment of wages

The majority of employees

25.5

Time off instead of payment for overtime

An individual

27.4

Annual leave in advance

An individual

27.6

Cashing out of annual leave

An individual

33.3

Substitution of public holidays by agreement

An individual

   

Part 2—Types of Employment and Classifications

8.                      Types of employment

8.1                   Employment categories

(a)          Employees under this award will be employed in one of the following categories:

(i)            full-time;

(ii)           part-time; or

(iii)         casual.

(b)         At the time of engagement an employer will inform each employee whether they are employed on a full-time, part-time or casual basis.

(c)          An employer may direct an employee to carry out such duties that are within the limits of the employee’s skill, competence and training, consistent with the respective classification.

9.                      Full-time employees

9.1                   A full-time employee is engaged to work:

(a)          38 ordinary hours per week; or

(b)         an average of 38 ordinary hours per week in a fortnight or 4 week period.

10.                 Part-time employees

10.1               A part-time employee:

(a)          is engaged to work less than an average of 38 hours per week; and

(b)         has reasonably predictable hours of work.

10.2               Before commencing employment, the employer and employee will agree in writing on a regular pattern of work including the:

(a)          number of hours to be worked each week;

(b)         days of the week the employee will work; and

(c)          starting and finishing times each day.

10.3               The terms of the agreement in clause 10.2 may be varied by agreement and recorded in writing.

11.                 Casual employees

[Varied by PR723909, PR733881, PR750477]

[11.1 deleted by PR733881 from 27Sep21]

[11.2 renumbered as 11.1 by PR733881 from 27Sep21]

11.1               A casual employee can be engaged to work up to and including 38 ordinary hours per week.

[11.3 renumbered as 11.2 by PR733881 from 27Sep21]

11.2               Subject to clause 11.3 the minimum period of engagement of a casual employee is 3 hours.

[11.4 renumbered as 11.3 by PR733881 from 27Sep21]

11.3               The minimum period of engagement of cleaners employed in private medical practices is 2 hours.

11.4               Casual loading

[11.5 renumbered as 11.4 by PR733881 from 27Sep21]

[11.4(a) substituted by PR723909 ppc 20Nov20; renumbered as a paragraph by PR750477 ppc 15Mar23]

For each ordinary hour worked, a casual employee must be paid:

[11.4(a)(i) renumbered as 11.4(a) by PR750477 ppc 15Mar23]

(a)          the minimum hourly rate applicable to the classification and pay point in which they are employed; and

[11.4(a)(ii) renumbered as 11.4(b) by PR750477 ppc 15Mar23]

(b)         a loading of 25% of the minimum hourly rate.

[Note inserted by PR750477 ppc 15Mar23]

NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.

[11.4(b) deleted by PR750477 ppc 15Mar23]

11.5               Payment for working overtime

[New 11.6 inserted by PR723909 ppc 20Nov20; 11.6 renumbered as 11.5 by PR733881 from 27Sep21]

When a casual employee works overtime, they must be paid the overtime rates in clauses 25.3 and 25.4.

11.6               Offers and requests for casual conversion

[11.6 renumbered as 11.7 by PR723909; 11.7 renumbered as 11.6 and renamed and substituted by PR733881 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 36—Dispute resolution.

12.                 Classifications

12.1               All employees covered by this award must be classified according to the structure and definitions set out in Schedule A—Classification Definitions.

12.2               Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.

Part 3—Hours of Work

13.                 Ordinary hours of work

13.1               Ordinary hours

(a)          The ordinary hours of work for a full-time employee are an average of 38 hours per week in a fortnight or 4 week period.

(b)         Not more than 10 ordinary hours of work (exclusive of meal breaks) are to be worked in any one day.

13.2               Span of hours—day workers

(a)          The ordinary hours of work for a day worker are worked between 6.00 am and 6.00 pm, Monday to Friday, unless otherwise stated.

(b)         Private medical, dental, pathology, physiotherapy, chiropractic and osteopathic practices

The ordinary hours of work for a day worker in private medical, dental, pathology, physiotherapy, chiropractic and osteopathic practices are worked between:

(i)            7.30 am and 9.00 pm, Monday to Friday; and

(ii)           8.00 am and 4.30 pm on Saturday.

(c)          Private medical imaging practices—five and a half day practices

Where a practice services patients on a 5.5 day a week basis, the ordinary hours of work for an employee are worked between:

(i)            7.00 am and 9.00 pm, Monday to Friday; and

(ii)           8.00 am and 1.00 pm on Saturday.

(d)         Private medical imaging practices–seven day practices

Where the work location of a practice services patients on a 7 day a week basis, the ordinary hours of work for an employee at that location are worked between 7.00 am and 9.00 pm, Monday to Sunday.

14.                 Rostering arrangements

14.1               Rostering

(a)          The ordinary hours of work for each employee will be displayed on a fortnightly roster in a place conveniently accessible to employees. The roster will be posted at least 2 weeks before the commencement of the roster period.

(b)         Seven days’ notice will be given of a change in a roster. However, a roster may be altered at any time to enable the functions of the hospital, facility or organisation to be carried on where another employee is absent from duty pursuant to clauses 28–Personal/carer’s leave and compassionate leave; 31–Ceremonial leave and 32–Family and domestic violence leave, or in an emergency.

(c)          Unless the employer otherwise agrees, an employee desiring a roster change will give 7 days’ notice except where the employee is ill or in an emergency.

15.                 Breaks

15.1               Unpaid meal breaks

(a)          An employee who works in excess of 5 hours will be entitled to an unpaid meal break of 30 to 60 minutes.

(b)         The time of taking the meal break may be varied by agreement between the employer and employee.

(c)          An employee who works not more than 6 hours may elect to forgo the meal break, with the consent of the employer.

15.2               Paid tea breaks

(a)          Every employee will be entitled to a paid 10 minute tea break in each 4 hours worked at a time to be agreed between the employer and employee.

(b)         Subject to agreement between the employer and employee, such breaks may be taken as one 20 minute tea break.

(c)          Tea breaks will be counted as time worked.

Part 4—Wages and Allowances

16.                 Minimum rates for Support Services employees

[Varied by PR718844, PR729282, PR733881, PR740705, PR762136]

NOTE: A transitional pay equity order taken to have been made pursuant to item 30A of Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) has effect in accordance with that item. A relevant transitional pay equity order operates in Queensland as provided for in items 30A(6) and (7).

16.1               Progression through pay points

Progression to the next pay point for all classifications for which there is more than one pay point will be:

(a)          for full-time employees—by annual movement; or

(b)         for part-time or casual employees—after 1824 hours of similar experience,

having regard to the acquisition and use of skills.

16.2               Support Services employees

[16.2 varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

 

$

$

Level 1

910.90

23.97

Level 2

947.00

24.92

Level 3

983.40

25.88

Level 4

995.00

26.18

Level 5

1028.70

27.07

Level 6

1084.10

28.53

Level 7

1103.60

29.04

Level 8—pay point 1

1141.10

30.03

Level 8—pay point 2

1171.10

30.82

Level 8—pay point 3

1253.30

32.98

Level 9—pay point 1

1275.80

33.57

Level 9—pay point 2

1321.00

34.76

Level 9—pay point 3

1331.60

35.04

NOTE: See Schedule C—Summary of Hourly Rates for a summary of hourly rates of pay including overtime and penalty rates.

16.3               Juniors in Support Services

A junior employee may be engaged to perform the duties of any Support Services classification level in this award and will be paid the following percentage of the adult minimum rate for the classification level applicable to the junior employee:

Age

% of appropriate adult rate

Under 17 years

50

17 years

60

18 years

70

19 years

80

20 years

90

16.4               Cooking apprentice rates

An employee apprenticed in the cooking trade will be paid the percentage of Level 4 set out in the following table:

Year of apprenticeship

% of Level 4 rate

1st year

55

2nd year

65

3rd year

80

4th year

95

16.5               Dental Technician apprentice rates

(a)          An employee apprenticed in the dental technician trade before 1 January 2015 will be paid the percentage of Level 4 set out in the following table:

Year of apprenticeship

Apprentices who have not completed year 12

Apprentices who have completed year 12

 

% of Level 4 rate

1st year

50

51

2nd year

60

61

3rd year

67

67

4th year

80

80

(b)         An employee apprenticed in the dental technician trade on or after 1 January 2015 will be paid the percentage of Level 4 set out in the following table:

Year of apprenticeship

Apprentices who have not completed year 12

Apprentices who have completed year 12

 

% of Level 4 rate

1st year

50

55

2nd year

60

65

3rd year

67

67

4th year

80

80

16.6               Gardening and Landscaping apprentice rates

(a)          An employee apprenticed in the gardening and landscaping trade before 1 January 2015 will be paid the percentage of Level 4 set out in the following table:

Year of apprenticeship

Apprentices who have not completed year 12

Apprentices who have completed year 12

 

% of Level 4 rate

1st year

50

52.5

2nd year

60

65

3rd year

75

75

4th year

95

95

(b)         An employee apprenticed in the gardening and landscaping trade on or after 1 January 2015 will be paid the percentage of Level 4 set out in the following table:

Year of apprenticeship

Apprentices who have not completed year 12

Apprentices who have completed year 12

 

% of Level 4 rate

1st year

50

55

2nd year

60

65

3rd year

75

75

4th year

95

95

16.7               Adult apprentice rates

(a)          The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the minimum rate for Level 4 in clause 16.2, or the rate prescribed by clause 16.4, 16.5 or 16.6 for the relevant year of the apprenticeship, whichever is the greater.

(b)         The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the second or subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 16.2 or the rate prescribed by the relevant apprenticeship clause 16.4, 16.5 or 16.6 for the relevant year of the apprenticeship, whichever is the greater.

(c)          A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least:

(i)            6 months as a full-time employee; or

[16.7(c)(ii) varied by PR733881 from 27Sep21]

(ii)           12 months as a part-time or regular casual employee,

immediately prior to commencing the apprenticeship.

(d)         For the purpose only of fixing a minimum rate, an adult apprentice meeting the requirements of clause 16.7(c) must continue to receive the minimum rate that applies to the classification specified in clause 16.2 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

16.8               Apprentice conditions of employment

(a)          Except as provided in clause 16.8 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(b)         Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 16.8 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(c)          For the purposes of 16.8(b) above, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 16.8, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(d)         The amount payable by an employer under 16.8(b) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

(e)          All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship , which are paid by an apprentice, shall be reimbursed by the employer within 6 months of the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the commencement of the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress.

(f)           An employer may meet its obligations under 16.8(e) by paying any fees and/or cost of textbooks directly to the RTO.

(g)          An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

(h)         Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 16.8(h) operates subject to the provisions of Schedule E—School-based Apprentices.

(i)            No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

17.                 Minimum rates for Health Professional employees

[Varied by PR729282, PR740705, PR762136]

17.1               Progression through pay points

(a)          Progression through level 1

Employees will enter at the relevant pay point and then progress through each pay point until they reach pay point 6 as follows:

(i)            for a full-time employee—annually; or

(ii)           for part-time or casual employees— after 1824 hours’ experience.

(b)         Progression through levels 2–4

Progression to the next pay point for all classifications for which there is more than one pay point will be:

(i)            for full-time employees—by annual movement; or

(ii)           for part-time or casual employees—after 1824 hours of similar experience,

having regard to the acquisition and use of skills.

17.2               Health Professional employee—level 1

[17.2 varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

 

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Pay point 1 (UG 2 qualification)

1043.80

27.47

Pay point 2 (3 year degree entry)

1084.10

28.53

Pay point 3 (4 year degree entry)

1132.10

29.79

Pay point 4 (Masters degree entry)

1171.10

30.82

Pay point 5 (PhD entry)

1275.80

33.57

Pay point 6

1321.00

34.76

17.3               Health Professional employee—level 2

[17.3 varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

 

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Pay point 1

1328.20

34.95

Pay point 2

1376.50

36.22

Pay point 3

1429.00

37.61

Pay point 4

1485.90

39.10

17.4               Health Professional employee—level 3

[17.4 varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

 

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Pay point 1

1550.40

40.80

Pay point 2

1593.80

41.94

Pay point 3

1628.10

42.84

Pay point 4

1700.40

44.75

Pay point 5

1763.20

46.40

17.5               Health Professional employee—level 4

[17.5 varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

 

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

 

$

$

Pay point 1

1877.20

49.40

Pay point 2

2003.30

52.72

Pay point 3

2178.50

57.33

Pay point 4

2404.90

63.29

NOTE: See Schedule C—Summary of Hourly Rates for a summary of hourly rates of pay including overtime and penalty rates.

18.                 Higher duties

18.1               A Support Services employee engaged for 2 hours or less in any duties carrying a higher rate than the classification in which they are ordinarily employed will be paid at the higher rate for the time worked at the higher level.

18.2               A Support Services employee engaged for more than 2 hours in any duties carrying a higher rate than the classification in which they are ordinarily employed will be paid at the higher rate for the full day or shift worked at the higher level.

18.3               An employee classified as a Health Professional who is authorised to assume the duties of another employee on a higher classification under this award for a period of 5 or more consecutive working days will be paid for the period for which they assumed such duties at not less than the minimum rate prescribed for the classification applying to the employee so relieved.

19.                 Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule F—Supported Wage System.

20.                 National training wage

[Varied by PR718844, PR723827, PR729282, PR740705, PR762136]

20.1               Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[20.2 varied by PR723827, PR729282, PR740705, PR762136 ppc 01Jul23]

20.2               This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Health Professionals and Support Services Award 2020 and not the Miscellaneous Award 2020.

[20.3 inserted by PR718844; deleted by PR723827 ppc 01Nov20]

21.                 Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

21.1               Wages will be paid weekly or fortnightly or, by agreement between the employer and the majority of employees, monthly.

21.2               Wages will be paid by cash, cheque or electronic funds transfer, as determined by the employer, into the bank or financial institution account nominated by the employee.

21.3               Payment on termination of employment

(a)          The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i)            the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii)           all other amounts that are due to the employee under this award and the NES.

(b)         The requirement to pay wages and other amounts under clause 21.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 21.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 21.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

22.                 Annualised wage arrangements

[21A inserted by PR740695 ppc 9May22; deleted by correction PR741373 ppc 10May22]

[New 22 inserted by correction PR741373 ppc 10May22]

22.1               Annualised wage instead of award provisions

(a)          An employer and a full-time employee in the classification of Support Services employee Level 8 or Level 9 or Health Professional employee Level 2, Level 3 or Level 4 may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 22.1(c), of any or all of the following provisions of the award:

(i)            clause 16—Minimum rates for Support Services employees and clause 17—Minimum rates for Health Professional employees;

(ii)           clause 23—Allowances;

(iii)         clause 25—Overtime;

(iv)         clause 26—Penalty rates and shiftwork; and 

(v)           clause 27.3—Annual leave loading

(b)         Where a written agreement for an annualised wage arrangement is entered into, the agreement must specify:

(i)            the annualised wage that is payable;

(ii)           which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii)         the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and

(iv)         the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 22.1(c).

(c)          If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 22.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d)         The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(e)          The agreement may be terminated:

(i)            by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or 

(ii)           at any time, by written agreement between the employer and the individual employee.

22.2               Annualised wage not to disadvantage employees

(a)          The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).

(b)         The employer must each 12 months from the commencement of the annualised wage arrangement or, within any 12 month period upon the termination of employment of the employee or termination of the agreement, calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c)          The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 22.1(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

22.3               Base rate of pay for employees on annualised wage arrangements 

For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 16—Minimum rates for Support Services employees and clause 17—Minimum rates for Health Professional employees and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.

23.                 Allowances

[Varied by PR718844, PR718999, PR729282, PR729470; 22 renumbered as 23 by correction PR741373 ppc 10May22; 23 varied by PR740705, PR740876, PR762136, PR762300]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

23.1               Employers must pay to an employee the allowances the employee is entitled to under this award.

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

23.2               Wage-related allowances

(a)          Heat allowance

(i)            Where work continues for more than 2 hours in temperatures exceeding 46°C employees will be entitled to 20 minutes rest after every 2 hours work without deduction of pay.

(ii)           It will be the responsibility of the employer to ascertain the temperature.

[23.2(a)(iii) varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

(iii)         Employees employed at their current place of work prior to 8 August 1991 working for more than one hour in the shade in places where the temperature is raised by artificial means will be paid the following amounts:

·   where the temperature exceeds 40°C but does not exceed 46°C—$0.54 per hour or part thereof; or

·   where the temperature exceeds 46°C—$0.65 per hour or part thereof.

(b)         Nauseous work allowance

[23.2(b)(i) varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

(i)            An allowance of $0.54 per hour or part thereof will be paid to an employee in any classification if:

·   they are engaged in handling linen of a nauseous nature other than linen sealed in airtight containers; and/or

·   for work which is of an unusually dirty or offensive nature having regard to the duty normally performed by such employee in such classification.

[23.2(b)(ii) varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

(ii)           Any employee who is entitled to this allowance will be paid a minimum of $2.93 per week for nauseous or offensive work performed in any week.

(c)          Occasional interpreting allowance

[23.2(c) varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

An employee not employed as a full-time interpreter who is required to perform interpreting duties will receive an additional $1.19 on each occasion with a maximum additional payment of $13.77 per week.

(d)         On-call allowance

An employee required by the employer to be on-call will receive the following additional amounts for each 24 hour period or part thereof:

[23.2(d)(i) varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

(i)            when the on-call period is between Monday and Saturday inclusive$23.42 per 24 hour period; and

[23.2(d)(ii) varied by PR718844, PR729282, PR740705, PR762136 ppc 01Jul23]

(ii)           when the on-call period is on a Sunday or public holiday$46.72 per 24 hour period.

23.3               Expense-related allowances

(a)          Blood check allowance

Any employee exposed to radiation hazards in the course of their work will be entitled to a blood count as often as is considered necessary and will be reimbursed for any out of pocket expenses arising from such test.

(b)         Clothing and equipment

(i)            Employees required to wear uniforms will be supplied with an adequate number of uniforms appropriate to the occupation free of cost. Uniforms are to remain the property of the employer and be laundered and maintained by the employer free of cost to the employee.

(ii)           Uniform allowance

Instead of the provision of such uniforms, the employer may, by agreement with the employee, pay an employee a uniform allowance of:

·   $1.23 per shift or part thereof on duty; or

·   $6.24 per week,

whichever is the lesser amount.

(iii)         Laundry allowance

Where an employee’s uniforms are not laundered by or at the expense of the employer the employee will be paid a laundry allowance of:

·   $0.32 per shift or part thereof on duty; or

·   $1.49 per week,

whichever is the lesser amount.

(iv)         The uniform allowance, but not the laundry allowance, will be paid during all absences on leave, except absences on long service leave and absence on personal/carer’s leave longer than 21 days. Where, prior to the taking of leave, an employee was paid a uniform allowance other than at the weekly rate, the rate to be paid during absence on leave will be the average of the allowance paid during the 4 weeks immediately preceding the taking of leave.

(v)           Where an employer requires an employee to wear rubber gloves, special clothing or where safety equipment is required for the work performed by an employee, the employer must reimburse the employee for the cost of purchasing the special clothing or safety equipment, except where the clothing or equipment is provided by the employer.

(c)          Damaged clothing allowance

(i)            Where an employee, in the course of their employment suffers any damage to or soiling of clothing or other personal effects (excluding female hosiery), the employer will be liable for the replacement, repair or the cleaning of the clothing or personal effects provided immediate notification is given of the damage or soiling.

(ii)           Clause 23.3 will not apply where the damage or soiling is caused by the negligence of the employee.

(d)         Deduction for board and lodging

Where the employer provides board and lodging, the wage rates prescribed in this award will be reduced by the following amounts per week:

[23.3(d)(i) varied by PR718999, PR729470, PR740876, PR762300 ppc 01Jul23]

(i)            employees receiving full adult rate of pay—$35.86; or

[23.3(d)(ii) varied by PR718999, PR729470, PR740876, PR762300 ppc 01Jul23]

(ii)           trainees—$16.20; and

[23.3(d)(iii) varied by PR718999, PR729470, PR740876, PR762300 ppc 01Jul23]

(iii)         where the employee buys their meals at ruling cafeteria rates, by an additional amount of—$22.33.

(e)          Meal allowances

[23.3(e)(i) varied by PR718999, PR729470, PR740876, PR762300 ppc 01Jul23]

(i)            When required to work after the usual finishing hour of work beyond one hour or, in the case of shiftworkers, when the overtime work on any shift exceeds one hour, an employee will be:

·   supplied with an adequate meal where an employer has adequate cooking and dining facilities; or

·   paid a meal allowance of $15.20.

[23.3(e)(ii) varied by PR718999, PR729470, PR740876, PR762300 ppc 01Jul23]

(ii)           In addition to the allowance provided for in clause 23.3(e)(i), where overtime work exceeds 4 hours, a further meal allowance of $13.70 will be paid.

(iii)         Clauses 23.3(e)(i) and 23.3(e)(ii) will not apply when an employee could reasonably return home for a meal within the meal break.

(iv)         On request the meal allowance will be paid on the same day as overtime is worked.

(f)           Telephone allowance

Where the employer requires an employee to install and/or maintain a telephone for the purpose of being on-call, the employer will refund the installation costs and the subsequent rental charges on production of receipted accounts.

(g)          Tool allowance

[23.3(g) varied by PR718999, PR729470, PR740876, PR762300 ppc 01Jul23]

A tool allowance of $13.11 per week for the supply and maintenance of tools will be paid to chefs and cooks who are not provided with all necessary tools by the employer.

(h)         Travelling, transport and fares

[23.3(h)(i) varied by PR718999, PR740876, PR762300 ppc 01Jul23]

(i)            An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.96 per kilometre.

(ii)           When an employee is involved in travelling on duty, if the employer cannot provide the appropriate transport, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by the employer on production of receipted account(s) or other evidence acceptable to the employer.

(iii)         The employee will not be entitled to reimbursement for expenses referred to in clause 23.3(h)(ii), which exceed the mode of transport, meals or the standard of accommodation agreed with the employer, for these purposes.

24.                 Superannuation

[23 renumbered as 24 by PR741373 ppc 10May22]

24.1               Superannuation legislation

(a)          Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b)         The rights and obligations in these clauses supplement those in superannuation legislation.

24.2               Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

24.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 24.2.

(b)         An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c)          The employer must pay the amount authorised under clauses 24.3(a) or 24.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 24.3(a) or 24.3(b) was made.

24.4               Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 24.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 24.2 and pay the amount authorised under clauses 24.3(a) or 24.3(b) to one of the following superannuation funds or its successor:

(a)          First State Super;

(b)         Health Industry Plan (HIP);

(c)          Health Employees Superannuation Trust of Australia (HESTA);

(d)         Catholic Super (CSF);

(e)          Mercy Super;

(f)           Sunsuper;

(g)          Tasplan;

(h)         CareSuper;

(i)            NGS Super;

(j)           Statewide Superannuation Trust;

(k)         any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(l)            a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Overtime and Penalty Rates

25.                 Overtime

[24—Overtime rates renamed and varied by PR723909 ppc 20Nov20; 24 renumbered as 25 by PR741373 ppc 10May22; varied by PR763223]

25.1               Overtime is paid in the following circumstances:

(a)          Where a full-time employee:

(i)            works in excess of their ordinary hours;

(ii)           works in excess of 10 hours per shift;

(b)         Where a part-time employee:

(i)            works in excess of their ordinary hours, except where agreement has been reached in accordance with clauses 10.3; and/or

(ii)           works in excess of 10 hours per shift; and/or

(iii)         works in excess of an average of 38 hours per week in a fortnight or 4 week period.

(c)          Where a casual employee:

(i)            works in excess of 10 hours per shift; and/or

(ii)           works in excess of 38 hours per week or 76 hours in a fortnight.

(d)         Where an employee is deprived of part of their break between shifts as required by clause 25.4.

25.2               Overtime rates—full-time and part-time employees

[25.2 substituted by PR723909 ppc 20Nov20]

(a)          An employee who works overtime shall be paid the following rates for their employment classification:

(i)            Monday to Saturday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours;

(ii)           Sunday—200% of the minimum hourly rate; and

(iii)         Public Holidays—250% of the minimum hourly rate.

(b)         Overtime rates under clause 25.2 will be in substitution for and not cumulative upon the penalties and loadings prescribed in clause 26—Penalty rates and shiftwork.

25.3               Overtime rates—casual employees

[New 25.3 inserted by PR723909 ppc 20Nov20]

(a)          An employee who works overtime shall be paid the following rates for their employment classification:

(i)            Monday to Saturday—187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours;

(ii)           Sunday—250% of the minimum hourly rate; and

(iii)         Public Holidays—312.5% of the minimum hourly rate.

(b)         Overtime rates under clause 25.3 will be in substitution for and not cumulative upon the penalties and loadings prescribed in clause 26—Penalty rates and shiftwork.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.4(b) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 25.2.

25.4               Rest period after overtime

(a)          An employee working overtime is entitled to 10 consecutive hours off duty between the termination of work on one day and the commencement of work on the next day, without loss of pay for ordinary hours.

[25.4(b) substituted by PR723909 ppc 20Nov20]

(b)         If, on the instructions of the employer, an employee referred to in clause 25.4(a) does not receive 10 consecutive hours off duty, the employee must be paid as follows:

(i)            for a full-time or part-time employee—at a rate of 200% of the minimum hourly rate applicable to their classification and pay point until being released from duty; and

(ii)           for a casual employee—at a rate of 250% of the minimum hourly rate applicable to their classification and pay point until being released from duty.

 

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.4(b) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 25.4(b)(i).

[25.4(b)(ii) renumbered as 25.4(c) and varied by PR723909 ppc 20Nov20]

(c)          Upon being released from duty, the employee is entitled to be absent until they have had at least 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during their absence.

25.5               Time off instead of payment for overtime

[25.4 renumbered as 25.5 by PR723909 ppc 20Nov20]

(a)          An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b)         Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 25.5.

(c)          An agreement must state each of the following:

(i)            the number of overtime hours to which it applies and when those hours were worked;

(ii)           that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(iii)         that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv)         that any payment mentioned in clause 25.5(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 25.5 is set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 25.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d)         The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 25.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e)          Time off must be taken:

(i)            within the period of 6 months after the overtime is worked; and

(ii)           at a time or times within that period of 6 months agreed by the employee and employer.

(f)           If the employee requests at any time, to be paid for overtime covered by an agreement under clause 25.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 25.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h)         The employer must keep a copy of any agreement under clause 25.5 as an employee record.

(i)            An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j)           An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 25.5 will apply, including the requirement for separate written agreements under clause 25.5(b) for overtime that has been worked.

[Note varied by PR763223 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 25.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.5.

25.6               Recall to work overtime

An employee who is recalled to work overtime after leaving the employer’s premises will be paid for a minimum of 2 hours’ work at the appropriate overtime rate.

25.7               Paid rest break during overtime

An employee working overtime will take a paid rest break of 20 minutes after each 4 hours of overtime worked if required to continue work after the break.

26.                 Penalty rates and shiftwork

[25 renumbered as 26 by correction by PR741373 ppc 10May22]

26.1               Weekend penalty rates

(a)          For all ordinary hours worked between midnight Friday and midnight Sunday a full-time or part-time employee will be paid 150% of the minimum hourly rate applicable to their classification and pay point.

(b)         A casual employee who works on a Saturday or Sunday will be paid 175% of the minimum hourly rate applicable to their classification and pay point for all time worked, but will not be paid the casual loading of 25%.

26.2               Public holidays

Payment for public holidays is in accordance with clause 33.1.

26.3               Shiftwork penalty rates

(a)          Where the ordinary rostered hours of work of a shiftworker finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid 115% of the minimum hourly rate of pay applicable to their classification and pay point.

(b)         A casual employee who works shiftwork as defined in clause 26.3(a) will be paid 140% of the minimum hourly rate of pay applicable to their classification and pay point but will not be paid the casual loading of 25%.

(c)          The shiftwork penalty rates prescribed in clause 26.3 will not apply to shiftwork performed by any employee on Saturday, Sunday or public holidays where the extra payment prescribed in clause 26.1—Weekend penalty rates and clause 33—Public holidays, apply.

Part 6—Leave and Public Holidays

27.                 Annual leave

[26 renumbered as 27 by correction PR741373 ppc 10May22; varied by PR751051]

27.1               Annual leave is provided for in the NES. Clause 27 contains additional provisions.

27.2               Additional leave for certain shiftworkers

(a) The NES provides that an employee who is defined as a shiftworker under clause 27.2 is entitled to an additional week’s annual leave on the same terms and conditions.

(b) For the purpose of the NES a shiftworker is an employee who is regularly rostered to work Sundays and public holidays.

27.3               Annual leave loading

For the period of annual leave in addition to their ordinary pay:

(a)          an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their minimum rate of pay;

(b)         a shiftworker will be paid the higher of:

(i)            an annual leave loading of 17.5% of their minimum rate of pay; or

(ii)           the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

27.4               Annual leave in advance

(a)          An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b)         An agreement must:

(i)            state the amount of leave to be taken in advance and the date on which leave is to commence; and

(ii)           be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

NOTE: An example of the type of agreement required by clause 27.4 is set out at Schedule H—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 27.4 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 27.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

27.5               Direction to take annual leave during shutdown – dental and medical practices

[27.5 renamed and substituted by PR751051 ppc 01May23]

(a)          Clause 27.5 applies if an employer:

(i)            intends to shut down all or part of a dental or medical practice for a particular period (temporary shutdown period); and

(ii)           wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 27.5(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 27.5(d):

(i)            must be in writing; and

(ii)           must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 27.5(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 27.5(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 27.4.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 27.4, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 27.7 to 27.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 27.5.

27.6               Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 27.6.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 27.6.

(c)          An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d)         An agreement under clause 27.6 must state:

(i)            the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii)           the date on which the payment is to be made.

(e)          An agreement under clause 27.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g)          An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h)         The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i)            The employer must keep a copy of any agreement under clause 27.6 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 27.6.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 27.6.

NOTE 3: An example of the type of agreement required by clause 27.6 is set out at Schedule I—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Cash Out Annual Leave.

27.7               Excessive leave accruals: general provision

NOTE: Clauses 27.7 to 27.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 27.2).

(b)         If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c)          Clause 27.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 27.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

27.8               Excessive leave accruals: direction by employer that leave be taken

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 27.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 27.8(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 27.7, 27.8 or 27.9 or otherwise agreed by the employer and employee) are taken into account; and

(ii)           must not require the employee to take any period of paid annual leave of less than one week; and

(iii)         must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv)       &nb