You’re offline. This is a read only version of the page.
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771302).
Clause(s) affected by the most recent variation(s):
18—Superannuation
Table of Contents
[Varied by PR746868, PR747351, PR750511]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
13. Ordinary hours of work and rostering arrangements
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
24. Parental leave and related entitlements
25. Personal/carer’s leave and compassionate leave
27. Family and domestic violence leave
Part 7— Consultation and Dispute Resolution
29. Consultation about major workplace change
30. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Classification Definitions
Schedule B —Summary of Hourly Rates of Pay
Schedule C —Summary of Monetary allowances
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Nurses Award 2020.
1.3 A variation to this award this 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.
[Varied by PR733887, PR751294]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
ADO means accrued day off.
afternoon shift means any shift commencing not earlier than 12.00 noon and finishing after 6.00 pm on the same day.
[Definition of aged care employee inserted by PR751294 ppc 30Jun23]
aged care employee means an employee engaged in the provision of:
· services for aged persons in a hostel, nursing home, aged care independent living units, aged care serviced apartments, garden settlement, retirement village or any other residential accommodation facility; or
· services for an aged person in a private residence.
[Definition of casual employee inserted by PR733887 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
casual hourly rate has the meaning given in clause 11.1.
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.
night shift means any shift commencing on or after 6.00 pm and finishing before 7.30 am on the following day.
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.
[Definition of standard rate varied by PR751294 ppc 30Jun23]
standard rate means the minimum weekly rate for a Registered nurse—other than aged care employee—level 1 Pay point 1 in clause 15.1(c)(i).
shiftworker means an employee who is regularly rostered to work their ordinary hours of work outside the span of hours of a day worker as defined in clause 13.1(a).
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.
4.1 This 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 who employ a nurse/midwife, principally engaged in nursing/midwifery duties comprehended by the classifications listed in Schedule A—Classification Definitions.
4.3 This award does not cover employers who employ nurses in primary or secondary schools.
4.4 This award covers any employer which supplies on-hire employees in classifications set out in Schedule A—Classification Definitions 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 trainees engaged in any of the classifications set out in Schedule A—Classification Definitions and those 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.
4.7 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
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
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 that clause.
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 PR763231 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 31—Dispute resolution and/or under section 65B of the Act.
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: |
|
14.2(b) |
Paid tea breaks |
An individual |
|
16 |
Payment of wages |
An individual or a majority of employees |
|
19.3 |
Time off instead of payment for overtime |
An individual |
|
22.11 |
Annual leave in advance |
An individual |
|
22.12 |
Cashing out of annual leave |
An individual |
|
28.3 |
Public holiday substitution |
An individual |
|
28.6 |
Additional leave days by mutual agreement |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement an employer will inform each employee whether they are to be employed on a full-time, part-time or casual basis. 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.
9.1 A full-time employee is engaged to work:
(a) 38 hours per week; or
(b) an average of 38 hours per week in accordance with clause 13.1 of this award.
10.1 A part-time employee is engaged to work less than an average of 38 ordinary hours per week and has reasonably predictable hours of work.
10.3 The terms of the agreement in clause 10.2 may be varied by agreement and recorded in writing.
10.4 The terms of this award will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full-time employees are 38.
[Varied by PR733887, PR743421]
[11.1 deleted by PR733887 from 27Sep21]
[11.2 renumbered as 11.1 by PR733887 from 27Sep21, substituted by PR743421 ppc 11Jul22]
For each ordinary hour worked, a casual employee must be paid the following:
(a) the minimum hourly rate applicable to their classification and pay point; and
(b) a loading of 25% of the minimum hourly rate applicable to their classification and pay point.
This is the casual hourly rate.
[11.3 renumbered as 11.2 by PR733887 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clause 19.2.
[11.4 renumbered as 11.3 by PR733887 from 27Sep21]
11.3 A casual employee will be paid a minimum of 2 hours’ pay for each engagement.
[11.5 renumbered as 11.4 by PR733887 from 27Sep21]
11.4 A casual employee will be paid shiftwork loadings prescribed in clause 20—Shiftwork calculated on the minimum hourly rate of pay applicable to their classification and pay point (i.e. excluding the casual loading) with the casual loading prescribed in clause 11.1(b) then added to the penalty rate of pay.
11.5 Right to request casual conversion
[11.6 renumbered as 11.15 and renamed and substituted by PR733887 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 31—Dispute resolution.
12.1 A description of the classifications under this award is 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.
13. Ordinary hours of work and rostering arrangements
13.1 Ordinary hours and roster cycles
Ordinary hours of work for a day worker are worked between 6.00 am and 6.00 pm, Monday to Friday.
(c) The ordinary hours of work for a full-time employee will be:
(i) 38 hours per week; or
(ii) 76 hours per fortnight; or
(iii) 152 hours over 28 days.
(d) The shift length or ordinary hours of work per day will be a maximum of 10 hours exclusive of meal breaks.
(f) Each employee must be free from duty for not less than:
(i) 2 full days in each week; or
(ii) 4 full days in each fortnight; or
(iii) 8 full days in each 28-day cycle.
(g) Where practicable, days off referred to in clause 13.1(f) must be consecutive.
(h) For the purposes of clauses 13.1(f) and 13.1(g), duty includes time an employee is on-call.
(i) The hours of work will be continuous, except for meal breaks. Except for the regular changeover of shifts, an employee will not be required to work more than one shift in each 24 hours.
(a) Employees will work in accordance with a weekly or fortnightly roster fixed by the employer.
(b) The roster will set out employees’ daily ordinary working hours and starting and finishing times.
(c) The roster will be displayed in a place conveniently accessible to employees at least 7 days before the commencement of the roster period.
(e) Subject to clause 13.2(f), 7 days’ notice of a change of roster will be given by the employer to an employee.
(f) The employer may alter a roster at any time to enable the functions of the hospital or facility to be carried out where another employee is absent from work pursuant to clauses 23—Ceremonial leave, 25—Personal/carer’s leave and compassionate leave and 27—Family and domestic violence leave, or in an emergency. Where any such alteration requires an employee working on a day which would otherwise have been the employee’s day off, an alternative day off will be taken at an agreed time.
13.3 Accumulation and taking of accrued days off (ADOs)
(a) Where a full-time employee is entitled to an ADO, in accordance with the arrangement of ordinary hours of work as set out in clause 13, the ADO will be taken within 12 months of the date on which the first full ADO accrued.
(b) With the consent of the employer, ADOs may be accumulated up to a maximum of 5 in any one year.
(c) An employee will be paid for any accumulated ADOs, at ordinary rates, on the termination of their employment for any reason.
13.4 Rest breaks between rostered work
(a) An employee will be allowed a rest break of 10 hours between the completion of one ordinary work period or shift and the commencement of another work period or shift.
(c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, or 8 hours as agreed, they will be paid at the rate of 200% of the minimum hourly rate applicable to their classification and pay point (or 200% of the casual hourly rate in the case of a casual employee) until released from duty for such period.
(b) Where an employee is required to be on duty during a meal break, the employee will be paid overtime for all time worked until the meal break is taken.
(c) Where an employee is required by the employer to remain available during a meal break, but is free from duty, the employee will be paid at ordinary rates for a 30 minute meal break. This period will not count as time worked when calculating ordinary hours for the purposes of overtime or penalties. If the employee is recalled to perform duty during this period the employee will be paid overtime for all time worked until the balance of the meal break is taken.
(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 employee and employer.
(c) Tea breaks will count as time worked.
15. Minimum rates
[Varied by PR740715, PR751294, PR762144]
15.1 Minimum rates for employees other than aged care employees
[15.1 substituted by PR751294 ppc 30Jun23]
An employer must pay employees, other than aged care employees, the following minimum rates for ordinary hours worked by the employee.
(a) Nursing assistant—other than aged care employees
[15.2 varied by PR740715; renamed and renumbered as 15.1(a) by PR751294 ppc 30Jun23; 15.1(a) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
1st year |
934.20 |
24.58 |
|
2nd year |
948.80 |
24.97 |
|
3rd year and thereafter |
964.00 |
25.37 |
|
Experienced (the holder of a relevant certificate III qualification) |
995.00 |
26.18 |
(b) Enrolled nurses—other than aged care employees
[15.3 renamed and renumbered as 15.1(b) by PR751294 ppc 30Jun23]
(i) Student enrolled nurse
[15.3(a) varied by PR740715; renumbered as 15.1(b)(i) by PR751294 ppc 30Jun23; 15.1(b)(i) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Less than 21 years of age |
867.90 |
22.84 |
|
21 years of age and over |
910.90 |
23.97 |
(ii) Enrolled nurse
[15.3(b) varied by PR740715; renumbered as 15.1(b)(ii) by PR751294 ppc 30Jun23; 15.1(b)(ii) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Pay point 1 |
1013.40 |
26.67 |
|
Pay point 2 |
1026.80 |
27.02 |
|
Pay point 3 |
1040.50 |
27.38 |
|
Pay point 4 |
1055.50 |
27.78 |
|
Pay point 5 |
1066.10 |
28.06 |
(c) Registered nurses—other than aged care employees
[15.4 renamed and renumbered as 15.1(c) by PR751294 ppc 30Jun23]
(i) Registered nurse—Levels 1–5
[15.4(a) varied by PR740715; renumbered as 15.1(c)(i) by PR751294 ppc 30Jun23; 15.1(c)(i) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Registered nurse—level 1 |
|
|
|
Pay point 1 |
1084.10 |
28.53 |
|
Pay point 2 |
1106.40 |
29.12 |
|
Pay point 3 |
1133.50 |
29.83 |
|
Pay point 4 |
1163.70 |
30.62 |
|
Pay point 5 |
1199.40 |
31.56 |
|
Pay point 6 |
1234.10 |
32.48 |
|
Pay point 7 |
1269.80 |
33.42 |
|
Pay point 8 and thereafter |
1302.80 |
34.28 |
|
Registered nurse—level 2 |
|
|
|
Pay point 1 |
1337.40 |
35.19 |
|
Pay point 2 |
1358.70 |
35.76 |
|
Pay point 3 |
1382.30 |
36.38 |
|
Pay point 4 and thereafter |
1404.90 |
36.97 |
|
Registered nurse—level 3 |
|
|
|
Pay point 1 |
1450.10 |
38.16 |
|
Pay point 2 |
1476.80 |
38.86 |
|
Pay point 3 |
1502.30 |
39.53 |
|
Pay point 4 and thereafter |
1529.30 |
40.24 |
|
Registered nurse—level 4 |
|
|
|
Grade 1 |
1655.10 |
43.56 |
|
Grade 2 |
1773.70 |
46.68 |
|
Grade 3 |
1877.20 |
49.40 |
|
Registered nurse—level 5 |
|
|
|
Grade 1 |
1670.20 |
43.95 |
|
Grade 2 |
1758.80 |
46.28 |
|
Grade 3 |
1877.20 |
49.40 |
|
Grade 4 |
1994.20 |
52.48 |
|
Grade 5 |
2199.50 |
57.88 |
|
Grade 6 |
2406.60 |
63.33 |
(ii) Minimum entry rate
[15.4(b) varied by PR740715; renumbered as 15.1(c)(ii) by PR751294 ppc 30Jun23; 15.1(c)(ii) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
4 year degree1 |
1132.10 |
29.79 |
|
Masters degree1 |
1171.10 |
30.82 |
1 Progression from these entry rates will be to level 1—Registered nurse pay point 4 and 5 respectively.
(d) Nurse practitioner—other than aged care employees
[15.5 varied by PR740715; renamed and renumbered as 15.1(d) by PR751294 ppc 30Jun23; 15.1(d) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
1st year |
1668.70 |
43.91 |
|
2nd year |
1718.30 |
45.22 |
(e) Occupational health nurses
[15.6 varied by PR740715; renumbered as 15.1(e) by PR751294 ppc 30Jun23; 15.1(e) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Occupational health nurse—level 1 |
|
|
|
Pay point 1 |
1163.70 |
30.62 |
|
Pay point 2 |
1199.40 |
31.56 |
|
Pay point 3 |
1234.10 |
32.48 |
|
Pay point 4 |
1269.80 |
33.42 |
|
Pay point 5 |
1302.80 |
34.28 |
|
Occupational health nurse—level 2 |
|
|
|
Pay point 1 |
1337.40 |
35.19 |
|
Pay point 2 |
1358.70 |
35.76 |
|
Pay point 3 |
1382.30 |
36.38 |
|
Pay point 4 |
1404.90 |
36.97 |
|
Senior occupational health clinical nurse |
1404.90 |
36.97 |
|
Occupational health nurse—level 3 |
|
|
|
Pay point 1 |
1450.10 |
38.16 |
|
Pay point 2 |
1476.80 |
38.86 |
|
Pay point 3 |
1502.30 |
39.53 |
|
Pay point 4 and thereafter |
1529.30 |
40.24 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
15.2 Minimum rates for aged care employees
[New 15.2 inserted by PR751294 ppc 30Jun23]
An employer must pay aged care employees, as defined in clause 2—Definitions, the following minimum rates for ordinary hours worked by the employee.
(a) Nursing assistant—aged care employees
[15.2(a) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
1st year |
1074.30 |
28.27 |
|
2nd year |
1091.10 |
28.71 |
|
3rd year and thereafter |
1108.60 |
29.17 |
|
Experienced (the holder of a relevant certificate III qualification) |
1144.20 |
30.11 |
(b) Enrolled Nurses—aged care employees
(i) Student enrolled nurse
[15.2(b)(i) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Less than 21 years of age |
998.10 |
26.27 |
|
21 years of age and over |
1047.60 |
27.57 |
(ii) Enrolled nurse
[15.2(b)(ii) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Pay point 1 |
1165.40 |
30.67 |
|
Pay point 2 |
1180.90 |
31.08 |
|
Pay point 3 |
1196.60 |
31.49 |
|
Pay point 4 |
1213.80 |
31.94 |
|
Pay point 5 |
1226.00 |
32.26 |
(c) Registered nurses—aged care employees
(i) Registered nurse—Levels 1–5
[15.2(c)(i) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Registered nurse—level 1 |
|
|
|
Pay point 1 |
1246.80 |
32.81 |
|
Pay point 2 |
1272.30 |
33.48 |
|
Pay point 3 |
1303.60 |
34.31 |
|
Pay point 4 |
1338.30 |
35.22 |
|
Pay point 5 |
1379.30 |
36.30 |
|
Pay point 6 |
1419.30 |
37.35 |
|
Pay point 7 |
1460.30 |
38.43 |
|
Pay point 8 and thereafter |
1498.30 |
39.43 |
|
Registered nurse—level 2 |
|
|
|
Pay point 1 |
1538.00 |
40.47 |
|
Pay point 2 |
1562.50 |
41.12 |
|
Pay point 3 |
1589.60 |
41.83 |
|
Pay point 4 and thereafter |
1615.60 |
42.52 |
|
Registered nurse—level 3 |
|
|
|
Pay point 1 |
1667.70 |
43.89 |
|
Pay point 2 |
1698.30 |
44.69 |
|
Pay point 3 |
1727.60 |
45.46 |
|
Pay point 4 and thereafter |
1758.60 |
46.28 |
|
Registered nurse—level 4 |
|
|
|
Grade 1 |
1903.40 |
50.09 |
|
Grade 2 |
2039.80 |
53.68 |
|
Grade 3 |
2158.80 |
56.81 |
|
Registered nurse—level 5 |
|
|
|
Grade 1 |
1920.70 |
50.54 |
|
Grade 2 |
2022.70 |
53.23 |
|
Grade 3 |
2158.80 |
56.81 |
|
Grade 4 |
2293.40 |
60.35 |
|
Grade 5 |
2529.40 |
66.56 |
|
Grade 6 |
2767.60 |
72.83 |
(ii) Minimum entry rate
[15.2(c)(ii) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
4 year degree1 |
1301.90 |
34.26 |
|
Masters degree1 |
1346.70 |
35.44 |
1 Progression from these entry rates will be to level 1—Registered nurse pay point 4 and 5 respectively.
(d) Nurse practitioner—aged care employees
[15.2(d) varied by PR762144 ppc 01Jul23]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
1st year |
1919.00 |
50.50 |
|
2nd year |
1976.00 |
52.00 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
15.3 Progression through pay points
[15.7 renumbered as 15.3 by PR751294 ppc 30Jun23]
(a) Progression will be:
(i) for full-time employees – by annual movement; or
(ii) for part-time or casual employees – 1786 hours of experience.
(b) Progression to the next pay point for all classifications for which there is more than one pay point will have regard to:
(i) the acquisition and use of skills described in the definitions contained in Schedule A—Classification Definitions; and
(ii) knowledge gained through experience in the practice settings over such a period.
[15.8 renumbered as 15.4 by PR751294 ppc 30Jun23]
(a) An employee, who is required to relieve another employee in a higher classification than the one in which they are ordinarily employed for 3 days or more will be paid at the higher classification rate.
(b) Higher duties allowance does not apply to Registered nurse levels 4 and 5.
16. 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.
16.1 Wages must be paid fortnightly unless otherwise mutually agreed up to a monthly maximum period.
16.2 Employees 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.
16.3 Payment on termination of employment
(i) the employee’s wages owing 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, including under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.3(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 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under this clause. 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.
[Varied by PR740715, PR740883, PR762144, PR762307]
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.
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
Allowances under clause 17 do not apply to employees classified at Registered nurse levels 4 or 5.
NOTE: See Schedule C—Summary of Monetary allowances for a summary of monetary allowances and method of adjustment.
[17.2(a)(i) varied by PR740715, PR762144 ppc 01Jul23]
(i) An on-call allowance is paid to an employee who is required by the employer to be on-call at their private residence, or at any other mutually agreed place. The employee is entitled to receive the following additional amounts:
|
Between rostered shifts or ordinary hours on: |
$ per 24-hour period or part thereof |
|
Monday to Friday inclusive |
25.48 |
|
Saturday |
38.38 |
|
Sunday, public holiday or non-rostered day |
44.77 |
(ii) For the purpose of clause 17.2(a) the whole of the on-call period is calculated according to the day on which the major portion of the on-call period falls.
17.3 Expense-related allowances
(i) Employees required by the employer 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.
Instead of the provision of such uniforms, the employer may 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.
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 paid leave, except absences on long service leave and absence on personal/carer’s leave beyond 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.
[17.3(b)(i) varied by PR740883, PR762307 ppc 01Jul23]
(i) When required to work overtime 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.
[17.3(b)(ii) varied by PR740883, PR762307 ppc 01Jul23]
(ii) In addition to the allowance provided for in clause 17.3(b)(i), where overtime work exceeds 4 hours a further meal allowance of $13.70 will be paid.
(iii) Clauses 17.3(b)(i) and 17.3(b)(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.
(c) Travelling, transport and fares
[17.3(c)(i) varied by PR740883, PR762307 ppc 01Jul23]
(iii) The employee will not be entitled to reimbursement for expenses referred to in clause 17.3(c)(ii) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer for these purposes.
[Varied by PR771302]
18.1 Superannuation legislation
[18.1 substituted by PR771302 ppc 09Apr24]
(a) The NES and 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), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
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.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771302 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(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) 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
(k) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR734867, PR763231]
19.1 Overtime rates—full-time and part-time employees
(a) Hours worked by full-time and part-time employees in excess of the ordinary hours on any day or shift prescribed in clause 13—Ordinary hours of work are to be paid as follows:
(i) Monday to Saturday (inclusive)—150% of the minimum hourly rate applicable to their classification and pay point for the first 2 hours and 200% after 2 hours;
(ii) Sunday—200% of the minimum hourly rate applicable to their classification and pay point; and
(iii) Public holidays—250% of the minimum hourly rate applicable to their classification and pay point.
(b) Overtime rates as prescribed in clause 19.1(a) do not apply to Registered nurse levels 4 and 5.
(c) Overtime rates under clause 19 will be in substitution for and not cumulative upon the shiftwork loadings and weekend penalty rates prescribed in clause 20—Shiftwork and clause 21—Saturday and Sunday work.
(d) Part-time employees
All time worked by part-time employees in excess of the rostered daily ordinary full-time hours will be overtime and will be paid as prescribed in clause 19.1(a).
19.2 Overtime rates—casual employees
(a) Hours worked by casual employees in excess of the ordinary hours on any day or shift prescribed in clause 13—Ordinary hours of work are to be paid as follows:
(i) Monday to Saturday (inclusive)—150% of the casual hourly rate for the first 2 hours and 200% after 2 hours;
(ii) Sunday—200% of the casual hourly rate; and
(iii) Public holidays—250% of the casual hourly rate.
[19.2(b) varied by PR734867 ppc 14Oct21]
(b) Overtime rates as prescribed in clause 19.2(a) do not apply to Registered nurse levels 4 and 5.
(c) Overtime rates under clause 19 will be in substitution for and not cumulative upon the shiftwork loadings and weekend penalty rates prescribed in clause 20—Shiftwork and clause 21—Saturday and Sunday work.
19.3 Time off instead of payment for overtime
(a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE: By making an agreement under clause 19.3 an employee who worked 2 overtime hours at 150% of the minimum hourly rate applicable to their classification and pay point (150% of the casual hourly rate in the case of a casual employee) is entitled to 3 hours’ time off.
(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.
(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.3 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.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.3(c), 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.
(f) 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.
(g) 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 19.3 will apply for overtime that has been worked.
[Note varied by PR763231 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).
(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.3 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 19.3.
19.4 Rest period after overtime
(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime.
(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
19.5 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 to work after the break.
19.6 Recall to work when on-call
(b) An employee who is required to be on-call and who is required to perform work by the employer via telephone or other electronic communication away from the workplace will be paid at the appropriate overtime rate for a minimum of one hour’s work. Multiple electronic requests made and concluded within the same hour shall be compensated within the same one hour’s overtime payment. Time worked beyond one hour will be rounded to the nearest 15 minutes.
19.7 Recall to work when not on-call
(b) An employee who is not required to be on-call and who is required to perform work by the employer via telephone or other electronic communication away from the workplace will be paid at the appropriate overtime rate for a minimum of one hour’s work. Multiple electronic requests made and concluded within the same hour shall be compensated within the same one hour’s overtime payment. Time worked beyond one hour will be rounded to the nearest 15 minutes.
(c) Except as provided in clause 19.7(d) the time spent travelling to and from the place of duty will be deemed to be time worked.
(e) An employee who is recalled to work will not be obliged to work for 3 hours if the work for which the employee was recalled is completed within a shorter period.
(f) If an employee is recalled to work, the employee will be provided with transport to and from their home or will be refunded the cost of such transport.
19.8 On-call allowance
An employee who is required to be on-call may be entitled to an allowance in accordance with clause 17.2(a).
20.1 For the purposes of clause 20:
(a) Afternoon shift means any shift commencing not earlier than 12.00 noon and finishing after 6.00 pm on the same day; and
(b) Night shift means any shift commencing on or after 6.00 pm and finishing before 7.30 am on the following day.
(c) The provisions of clause 20 do not apply where an employee commences their ordinary hours of work after 12.00 noon and completes those hours at or before 6.00 pm on that day.
(d) The shiftwork loadings prescribed in clause 20 will not apply to shiftwork performed by an employee on Saturday, Sunday or public holiday where the payment prescribed by clause 21—Saturday and Sunday work and clause 28—Public holidays applies.
(e) The provisions of clause 20 will not apply to Registered nurse levels 4 and 5.
21.1 Where an employee is rostered to work ordinary hours between midnight Friday and midnight Saturday, the employee will be paid 150% of the minimum hourly rate applicable to their classification and pay point (150% of the casual hourly rate in the case of casual employees) for the hours worked during this period.
21.2 Where an employee is rostered to work ordinary hours between midnight Saturday and midnight Sunday, the employee will be paid 175% of the minimum hourly rate applicable to their classification and pay point (175% of the casual hourly rate in the case of a casual employee) for the hours worked during this period.
Part 6—Leave and Public Holidays
[Varied by PR751057]
22.1 Annual leave is provided for in the NES.
22.2 Quantum of annual leave
(a) In addition to the entitlements in the NES, an employee is entitled to an additional week of annual leave on the same terms and conditions.
(b) A shiftworker, for the purposes of the additional week’s annual leave provided by the NES, is an employee who:
(i) is regularly rostered over 7 days of the week; and
(ii) regularly works on weekends.
(c) To avoid any doubt, this means that an employee who is not a shiftworker for the purposes of clause 22.2(b) above is entitled to 5 weeks of paid annual leave for each year of service with their employer, and an employee who is a shiftworker for the purposes of clause 22.2(b) above is entitled to 6 weeks of paid annual leave for each year of service with their employer.
Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that 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).
22.4 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
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 ordinary pay on a maximum of 152 hours/4 weeks’ annual leave per annum;
(b) a shiftworker will be paid the higher of:
(i) an annual leave loading of 17.5% of ordinary pay; or
22.6 Payment of annual leave on termination
On the termination of their employment, an employee will be paid their untaken annual leave and pro rata leave.
22.7 Direction to take annual leave during shutdown – medical practices
[22.7 renamed and substituted by PR751057 ppc 01May23]
(a) Clause 22.7 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(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 22.7(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.7(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 22.7(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.7(d), an employer and employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.11.
(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 22.11, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.8 to 22.10 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 22.7.
22.8 Excessive leave accruals: general provision
NOTE: Clauses 22.8 to 22.10 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 10 weeks’ paid annual leave (or 12 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2(b)).
(c) Clause 22.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.9 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 22.8(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 22.9(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 22.8, 22.9 or 22.10 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) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.9(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.9(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.9(d) may result in the direction ceasing to have effect. See clause 22.9(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
22.10 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.10(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.9(a) that, when any other paid annual leave arrangements (whether made under clause 22.8, 22.9 or 22.10 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.8, 22.9 or 22.10 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.10(a) more than 5 weeks’ paid annual leave (or 6 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2(b)) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.10(a).
(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 22.11 is set out at Schedule D—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.11 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 22.11, 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.
22.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.12.
(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 22.12 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 22.12 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 22.12 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 22.12.
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 22.12.
NOTE 3: An example of the type of agreement required by clause 22.12 is set out at Schedule E—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Cash Out Annual Leave.
An employee who is legitimately required by Aboriginal or Torres Strait Islander tradition to be absent from work for ceremonial purposes will be entitled to up to 10 working days’ unpaid leave in any one year, with the approval of the employer.
24. Parental leave and related entitlements
[24 varied by PR763231 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 31—Dispute resolution and/or under section 76B of the Act.
25. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
Community service leave is provided for in the NES.
27. Family and domestic violence leave
[27—Unpaid family and domestic violence leave renamed and substituted by PR750511 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR743421, PR747351]
28.1 Public holiday entitlements are provided for in the NES.
28.2 Payment for work done on public holidays
(i) For a full-time and part-time employee, 200% of the minimum hourly rate applicable to their classification and pay point.
(ii) For a casual employee, 200% of the casual hourly rate.
(b) Businesses that operate 7 days a week shall recognise work performed on 25 December which falls on a Saturday or Sunday and, where because of substitution, is not a public holiday within the meaning of the NES with the Saturday or Sunday payment (as appropriate) plus an additional loading of 50% of the employee’s minimum hourly rate applicable to their classification and pay point (or 50% of the casual hourly rate in the case of a casual employee) for the hours worked on that day. All work performed on the substitute day by an employee will receive an additional loading of 50% of the employee’s minimum hourly rate applicable to their classification and pay point (or 50% of the casual hourly rate in the case of a casual employee) for the hours worked on that day instead of the rate referred to in clause 28.2(a).
28.3 Public holiday substitution
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
28.4 Public holidays occurring on rostered days off
[Paragraph in 28.4 renumbered as 28.4(a) by PR747351 ppc 14Nov22]
[28.4(b) inserted by PR747351 ppc 14Nov22]
(b) If a public holiday is a part-day public holiday, then clause 28.4(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
28.5 Accrued days off on public holidays
[28.5 varied by PR743421, substituted by PR747351 ppc 14Nov22]
Where an employee’s accrued day off falls on a public holiday, another day or part-day, determined by the employer, will be taken instead. Where practical the alternative day or part-day off will be taken within the same 4 or 5 week work cycle.
28.6 Additional leave days by mutual agreement
(a) Instead of being paid 200% of the minimum hourly rate applicable to their classification and pay point under clause 28.2(a), where the employer and employee mutually agree in writing at the time the public holiday is worked, an employee may be paid their ordinary rate of pay for time worked on a public holiday and have the same number of hours worked accrued, to be taken as leave. This leave may be taken in conjunction with a period of annual leave.
(b) Payment for any days taken as leave, accrued in accordance with clause 28.6(a) will be at the employee’s ordinary rate of pay, excluding shiftwork loadings and/or weekend penalty rates and annual leave loading.
(c) The taking of any additional days accrued as leave in accordance with 28.6(a) will be by mutual agreement between the employer and employee, provided that such agreement will not be unreasonably withheld.
(d) Subject to clause 28.6(e), any untaken additional days accrued as leave in accordance with clause 28.6(a) will be paid out to the employee upon termination of employment.
(e) Any additional days accrued as leave in accordance with clause 28.6(a) will not be considered annual or personal/carer’s leave for any purpose.
(f) Clause 28.6 will not apply to casual employees.
[28.7 deleted by PR747351 ppc 14Nov22]
Part 7—Consultation and Dispute Resolution
29. Consultation about major workplace change
29.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
29.2 For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
29.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).
29.5 In clause 29 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.
30. Consultation about changes to rosters or hours of work
30.1 Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
30.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
30.4 The employer must consider any views given under clause 30.3(b).
30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763231]
31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.
31.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
31.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
31.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.
31.8 While procedures are being followed under clause 31 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
31.9 Clause 31.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763231 ppc 01Aug23]
NOTE 1: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763231 ppc 01Aug23]
NOTE 2: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).
(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
33.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
33.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.2.
Schedule A—Classification Definitions
Nursing assistant means an employee, other than one registered with the Nursing and Midwifery Board of Australia or its successor or one who is in training for the purpose of such registration, who is under the direct control and supervision of a Registered nurse (RN) nurse and whose employment is solely to assist an RN or Enrolled nurse (EN) in the provision of nursing care to persons.
A.2 Nursing care
Nursing care means:
· assisting a registered nurse to carry out the work described in clause A.5.
· For the purposes of this award nursing care also includes care provided by midwives.
A.3 Student enrolled nurse
Student enrolled nurse means a student undertaking study to become an enrolled nurse.
A.4 Enrolled nurses
A.4.1 Enrolled nurse—pay point 1
(a) Pay point 1 refers to the pay point to which an enrolled nurse (EN) has been appointed.
(b) An employee will be appointed based on training and experience including:
· having satisfactorily completed a hospital based course of training in nursing of not more than 12 months duration leading to enrolment as an EN; or
· having satisfactorily completed a course of training of 12 months duration in a specified branch of nursing leading to enrolment on a register or roll maintained by the Nursing and Midwifery Board of Australia or its successor; and
· having practical experience of up to but not more than 12 months in the provision of nursing care and/or services, and, the undertaking of in-service training, subject to its provision by the employing agency, from time to time.
(c) Skill indicators
· The employee has limited or no practical experience of current situations; and
· The employee exercises limited discretionary judgment, not yet developed by practical experience.
A.4.2 Enrolled nurse—pay point 2
(a) Pay point 2 refers to the pay point to which an EN has been appointed.
(b) An employee will be appointed to this pay point based on training and experience including:
· having satisfactorily completed a hospital based course of general training in nursing of more than 12 months duration and/or 500 hours or more theory content or a course accredited at advanced certificate, diploma or advanced diploma level leading to enrolment as an EN; or
· not more than one further year of practical experience in the provision of nursing care and/or services in addition to the experience, skill and knowledge requirements specified for pay point 1; and
· the undertaking of in-service training, subject to its provision by the employing agency, from time to time.
(c) Skill indicators
The employee is required to demonstrate some of the following in the performance of their work:
· a developing ability to recognise changes required in nursing activity and in consultation with the RN, implement and record such changes, as necessary;
· an ability to relate theoretical concepts to practice; and/or
· requiring assistance in complex situations and in determining priorities.
A.4.3 Enrolled nurse—pay point 3
(a) Pay point 3 refers to the pay point to which an EN has been appointed.
(b) An employee will be appointed to this pay point based on training and experience including:
· not more than one further year of practical experience in the provision of nursing care and/or services, in addition to the experience, skill and knowledge requirements specified for pay point 2; and
· the undertaking of in-service training, subject to its provision by the employing agency, from time to time.
(c) Skill indicators
The employee is required to demonstrate some of the following in the performance of their work:
· an ability to organise, practise and complete nursing functions in stable situations with limited direct supervision;
· observation and assessment skills to recognise and report deviations from stable conditions;
· flexibility in the capacity to undertake work across the broad range of nursing activity and/or competency in a specialised area of practice; and/or
· communication and interpersonal skills to assist in meeting psycho-social needs of individuals/groups.
A.4.4 Enrolled nurse—pay point 4
(a) Pay point 4 refers to the pay point to which an EN has been appointed.
(b) An employee will be appointed to this pay point based on training and experience including:
· not more than one further year of practical experience in the provision of nursing care and/or services in addition to the experience, skill and knowledge requirements specified for pay point 3; and
· the undertaking of in-service training, subject to its provision by the employing agency, from time to time.
(c) Skill indicators
The employee is required to demonstrate some of the following in the performance of their work:
· speed and flexibility in accurate decision making;
· organisation of own workload and ability to set own priorities with minimal direct supervision;
· observation and assessment skills to recognise and report deviations from stable conditions across a broad range of patient and/or service needs; and/or
· communication and interpersonal skills to meet psychosocial needs of individual/groups.
A.4.5 Enrolled nurse—pay point 5
(a) Pay point 5 refers to the pay point to which an EN has been appointed.
(b) An employee will be appointed to this pay point based on training and experience including:
· not more than one further year of practical experience in the provision of nursing care and/or services in addition to the experience, skill and knowledge requirements specified for pay point 4; and
· the undertaking of relevant in-service training, subject to its provision by the employing agency, from time to time.
(c) Skill indicators
The employee is required to demonstrate some of the following in the performance of their work:
· contributes information in assisting the RN with development of nursing strategies/improvements within the employee’s own practice setting and/or nursing team, as necessary;
· responds to situations in less stable and/or changed circumstances resulting in positive outcomes, with minimal direct supervision; and
· efficiency and sound judgment in identifying situations requiring assistance from an RN.
A.5.1 Registered nurse—level 1 (RN1)
(a) An employee at this level performs their duties:
(i) according to their level of competence; and
(ii) under the general guidance of, or with general access to, a more competent registered nurse (RN) who provides work related support and direction.
· delivering direct and comprehensive nursing care and individual case management to patients or clients within the practice setting;
· coordinating services, including those of other disciplines or agencies, to individual patients or clients within the practice setting;
· providing education, counselling and group work services orientated towards the promotion of health status improvement of patients and clients within the practice setting;
· providing support, direction and education to newer or less experienced staff, including EN’s, and student EN’s and student nurses;
· accepting accountability for the employee’s own standards of nursing care and service delivery; and
· participating in action research and policy development within the practice setting.
A.5.2 Registered nurse—level 2 (RN2)
(a) An employee at this level:
(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in clause A.5.2 on a continuing basis.
(b) An employee at this level may also be known as a Clinical nurse.
(c) In addition to the duties of an RN1, an employee at this level is required, to perform duties delegated by a Clinical nurse consultant or any higher level classification.
Duties of a Clinical nurse will substantially include, but are not confined to:
· delivering direct and comprehensive nursing care and individual case management to a specific group of patients or clients in a particular area of nursing practice within the practice setting;
· providing support, direction, orientation and education to RN1’s, EN’s, student nurses and student EN’s;
· being responsible for planning and coordinating services relating to a particular group of clients or patients in the practice setting, as delegated by the Clinical nurse consultant;
· acting as a role model in the provision of holistic care to patients or clients in the practice setting; and
· assisting in the management of action research projects, and participating in quality assurance programs and policy development within the practice setting.
A.5.3 Registered nurse—level 3 (RN3)
(a) An employee at this level:
(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when that the employee is required to perform the duties detailed in clause A.5.3 on a continuing basis.
(b) An employee at this level may also be known as a Clinical nurse consultant, Nurse manager or Nurse educator.
(c) In addition to the duties of an RN2, an employee at this level will perform the following duties in accordance with practice settings and patient or client groups:
(i) Duties of a Clinical nurse consultant will substantially include, but are not confined to:
· providing leadership and role modelling, in collaboration with others including the Nurse manager and the Nurse educator, particularly in the areas of action research and quality assurance programs;
· staff and patient/client education;
· staff selection, management, development and appraisal;
· participating in policy development and implementation;
· acting as a consultant on request in the employee’s own area of proficiency; for the purpose of facilitating the provision of quality nursing care;
· delivering direct and comprehensive nursing care to a specific group of patients or clients with complex nursing care needs, in a particular area of nursing practice within a practice setting;
· coordinating, and ensuring the maintenance of standards of the nursing care of a specific group or population of patients or clients within a practice setting; and
· coordinating or managing nursing or multidisciplinary service teams providing acute nursing and community services.
(ii) Duties of a Nurse manager will substantially include, but are not confined to:
· providing leadership and role modelling, in collaboration with others including the Clinical nurse consultant and the Nurse educator, particularly in the areas of action research and quality assurance programs;
· staff selection and education;
· allocation and rostering of staff;
· occupational health;
· initiation and evaluation of research related to staff and resource management;
· participating in policy development and implementation;
· acting as a consultant on request in the employee’s own area of proficiency (for the purpose of facilitating the provision of quality nursing care);
· being accountable for the management of human and material resources within a specified span of control, including the development and evaluation of staffing methodologies; and
· managing financial matters, budget preparation and cost control in respect of nursing within that span of control.
(iii) Duties of a Nurse educator will substantially include, but are not confined to:
· providing leadership and role modelling, in collaboration with others including the Clinical nurse consultant and the Nurse manager, particularly in the areas of action research;
· implementation and evaluation of staff education and development programs;
· staff selection;
· implementation and evaluation of patient or client education programs;
· participating in policy development and implementation;
· acting as a consultant on request in the employee’s own area of proficiency (for the purpose of facilitating the provision of quality nursing care); and
· being accountable for the assessment, planning, implementation and evaluation of nursing education and staff development programs for a specified population.
A.5.4 Registered nurse—level 4 (RN4)
(a) An employee at this level:
(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in clause A.5.4 on a continuing basis.
(b) An employee at this level may also be known as an Assistant director of nursing (clinical), Assistant director of nursing (management), or Assistant director of nursing (education).
(c) Appointment at a particular grade at this level will depend upon the level of complexity associated with the duties described in clause A.5.4. In this connection the number of beds in a facility will be a relevant consideration.
(d) In addition to the duties of an RN3, an employee at this level will perform the following duties:
(i) Duties of an Assistant director of nursing (clinical) will substantially include, but are not confined to:
· providing leadership and role modelling, in collaboration with others including the Assistant director of nursing (management) and Assistant director of nursing (education), particularly in the areas of selection of staff within the employee’s area of responsibility;
· provision of appropriate education programs, coordination and promotion of clinical research projects;
· participating as a member of the nursing executive team;
· contributing to the development of nursing and health unit policy for the purpose of facilitating the provision of quality nursing care;
· managing the activities of, and providing leadership, coordination and support to, a specified group of Clinical nurse consultants;
· being accountable for the establishment, implementation and evaluation of systems to ensure the standard of nursing care for a specified span of control;
· being accountable for the development, implementation and evaluation of patterns of patient care for a specified span of control;
· being accountable for clinical operational planning and decision making for a specified span of control; and
· being accountable for appropriate clinical standards, through quality assurance programs, for a specified span of control.
(ii) Duties of an Assistant director of nursing (management) will substantially include, but are not confined to:
· providing leadership and role modelling, in collaboration with others including the Assistant director of nursing (clinical) and Assistant director of nursing (education), particularly in the areas of selection of staff within the employee’s area of responsibility;
· coordination and promotion of nursing management research projects;
· participating as a member of the nursing executive team;
· contributing to the development of nursing and health unit policy for the purpose of facilitating the provision of quality nursing care;
· managing the activities of, and providing leadership, coordination and support to, a specified group of Nurse managers;
· being accountable for the effective and efficient management of human and material resources within a specified span of control;
· being accountable for the development and coordination of nursing management systems within a specified span of control; and
· being accountable for the structural elements of quality assurance for a specified span of control.
(iii) Duties of an Assistant director of nursing (education) will substantially include, but are not confined to:
· providing leadership and role modelling, in conjunction with others including the Assistant director of nursing (clinical) and the Assistant director of nursing (management), particularly in the areas of selection of staff within the employee’s area of responsibility;
· coordination and promotion of nurse education research projects;
· participating as a member of the nursing executive team, and contributing to the development of nursing and health unit policy for the purpose of facilitating the provision of quality nursing care;
· managing the activities of, and providing leadership, coordination and support to a specific group of Nurse educators;
· being accountable for the standards and effective coordination of education programs for a specified population;
· being accountable for the development, implementation and evaluation of education and staff development programs for a specified population;
· being accountable for the management of educational resources including their financial management and budgeting control; and
· undertaking career counselling for nursing staff.
A.5.5 Registered nurse level 5—(RN5)
(a) An employee at this level:
(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in clause A.5.5 on a continuing basis.
(b) An employee at this level may also be known as a Director of nursing.
(c) Appointment at a particular grade at this level will depend upon the level of complexity associated with the duties described in clause A.5.5. In this connection the number of beds in a facility will be a relevant consideration.
(d) In addition to the duties of an RN4, an employee at this level will perform the following duties:
· being accountable for the standards of nursing care for the health unit and for coordination of the nursing service of the health unit;
· participating as a member of the executive of the health unit, being accountable to the executive for the development and evaluation of nursing policy, and generally contributing to the development of health unit policy;
· providing leadership, direction and management of the nursing division of the health unit in accordance with policies, philosophies, objectives and goals established through consultation with staff and in accordance with the directions of the Board of Directors of the health unit;
· providing leadership and role modelling, in collaboration with others, particularly in the areas of staff selection, promotion of participative decision making and decentralisation of nursing management and generally advocating for the interests of nursing to the executive team of the health unit;
· managing the budget of the nursing division of the health unit;
· ensuring that nursing services meeting changing needs of clients or patients through proper strategic planning; and
· complying, and ensuring the compliance of others, with the code of ethics and legal requirements of the nursing profession.
A.6 Occupational health nurses
The duties and responsibilities of Occupational health nurses include, but are not necessarily confined to:
· the maintenance of appropriate records relating to the activities of the occupational health unit and services to clients;
· the rehabilitation of injured workers;
· preventative action in relation to occupational hazards that may lead to injury and/or illness;
· immediate and continuing treatment of occupational injuries and/or illness;
· health promotion; and
· the counselling of clients on health related matters.
A.6.1 Occupational health nurse—level 1
An employee at this level:
(a) is an RN with at least 4 years post registration experience; and
(b) performs duties in relation to occupational health consistent with:
· giving direct nursing care to a group of clients;
· assessing nursing care needs of clients; and
· participating in provision of education to clients.
A.6.2 Occupational health clinical nurse—level 2
(a) An employee at this level:
(i) is an RN with at least 4 years post registration experience; and
(ii) performs duties in connection with occupational health which are more complex than the duties performed by an Occupational health nurse level 1.
(b) Appointment to level 2 of this salary structure is only upon successful completion of a relevant post-registration qualification to this field of employment.
(c) Payment at this level will commence when the employer receives reasonable proof from the employee that the qualification has been obtained. The onus of proof rests with the employee.
(d) The duties of an employee at this level may include, but are not necessarily confined to:
· the prevention of injury/illness;
· rehabilitation; and
· occupational hazard identification.
A.6.3 Senior occupational health clinical nurse
An employee at this level is an RN with at least 5 years post registration experience who:
· coordinates the occupational health nursing service; and
· provides support and direction to 4 or less Occupational health nurses and/or Occupational health clinical nurses.
A.6.4 Occupational health nurse consultant—level 3
An employee at this level is an RN with at least 5 years post registration experience who:
· coordinates the Occupational health nursing services; and
· provides support and direction to 5 or more Occupational nurses and/or Occupational health clinical nurses.
A.7 Nurse Practitioner
(a) A Nurse practitioner:
(i) is a registered nurse/midwife appointed to the role;
(ii) has obtained an additional qualification relevant to the Nursing and Midwifery Board of Australia or its successor to enable them to become licensed Nurse practitioners.
(b) A Nurse practitioner is authorised to function autonomously and collaboratively in an advanced and extended clinical role.
A.7.2 Role of a licensed Nurse practitioner
(a) The nurse practitioner is able to assess and manage the care of clients/residents using nursing knowledge and skills. It is dynamic practice that incorporates application of high level knowledge and skills, beyond that required of a registered nurse/midwife in extended practice across stable, unpredictable and complex situations.
(b) The nurse practitioner role is grounded in the nursing profession’s values, knowledge, theories and practice and provides innovative and flexible health care delivery that complements other health care providers.
A.7.3 Scope of practice
(a) The scope of practice of the Nurse practitioner is determined by the context in which:
(i) the nurse practitioner is authorised to practice. The nurse practitioner therefore remains accountable for the practice for which they directed; and
(ii) the professional efficacy whereby practice is structured in a nursing model and enhanced by autonomy and accountability.
(b) The Nurse practitioner is authorised to directly refer clients/residents to other health professionals, prescribe medications and order diagnostic investigations including pathology and plain screen x-rays.
(c) Nurse practitioners exhibit clinical leadership that influences and progresses clinical care, policy and collaboration through all levels of health service.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR740715, PR751294, PR762144]
B.1 Summary of hourly rates of pay for employees other than aged care employees
[New B.1 inserted by PR751294 ppc 30Jun23]
B.1.1 Nursing assistant—other than aged care employees
[B.1 renamed and renumbered as B.1.1 by PR751294 ppc 30Jun23]
(a) Full-time and part-time employees—ordinary and penalty rates
[B.1.1 varied by PR740715; renumbered as B.1.1(a) by PR751294 ppc 30Jun23; B.1.1(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
|
Afternoon shift |
Night shift |
||||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
1st year |
24.58 |
27.65 |
28.27 |
36.87 |
43.02 |
49.16 |
|
2nd year |
24.97 |
28.09 |
28.72 |
37.46 |
43.70 |
49.94 |
|
3rd year and thereafter |
25.37 |
28.54 |
29.18 |
38.06 |
44.40 |
50.74 |
|
Experienced (the holder of a relevant certificate III qualification) |
26.18 |
29.45 |
30.11 |
39.27 |
45.82 |
52.36 |
(b) Full-time and part-time employees—overtime rates
[B.1.2 varied by PR740715; renumbered as B.1.1(b) by PR751294 ppc 30Jun23; B.1.1(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
|
First 2 hours |
After 2 hours |
||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
1st year |
36.87 |
49.16 |
49.16 |
61.45 |
|
2nd year |
37.46 |
49.94 |
49.94 |
62.43 |
|
3rd year and thereafter |
38.06 |
50.74 |
50.74 |
63.43 |
|
Experienced (the holder of a relevant certificate III qualification) |
39.27 |
52.36 |
52.36 |
65.45 |
(c) Casual employees—ordinary and penalty rates
[B.1.3 varied by PR740715; renumbered as B.1.1(c) by PR751294 ppc 30Jun23; B.1.1(c) varied by PR762144 ppc 01Jul23]
1 The casual hourly rate is defined in clause 2—Definitions.
B.1.2 Enrolled nurses—other than aged care employees
[B.2 renamed and renumbered as B.1.2 by PR751294 ppc 30Jun23]
(a) Full-time and part-time employees—ordinary and penalty rates
[B.2.1 varied by PR740715; renumbered as B.1.2(a) by PR751294 ppc 30Jun23; B.1.2(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|||||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Student enrolled nurse |
|
|
|
|
|
|
|
Less than 21 years |
22.84 |
25.70 |
26.27 |
34.26 |
39.97 |
45.68 |
|
21 years and over |
23.97 |
26.97 |
27.57 |
35.96 |
41.95 |
47.94 |
|
Enrolled nurse |
|
|
|
|
|
|
|
Pay point 1 |
26.67 |
30.00 |
30.67 |
40.01 |
46.67 |
53.34 |
|
Pay point 2 |
27.02 |
30.40 |
31.07 |
40.53 |
47.29 |
54.04 |
|
Pay point 3 |
27.38 |
30.80 |
31.49 |
41.07 |
47.92 |
54.76 |
|
Pay point 4 |
27.78 |
31.25 |
31.95 |
41.67 |
48.62 |
55.56 |
|
Pay point 5 |
28.06 |
31.57 |
32.27 |
42.09 |
49.11 |
56.12 |
(b) Full-time and part-time employees—overtime rates
[B.2.2 varied by PR740715; renumbered as B.1.2(b) by PR751294 ppc 30Jun23; B.1.2(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
|
First 2 hours |
After 2 hours |
||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Student enrolled nurse |
|
|
|
|
|
Less than 21 years |
34.26 |
45.68 |
45.68 |
57.10 |
|
21 years and over |
35.96 |
47.94 |
47.94 |
59.93 |
|
Enrolled nurse |
|
|
|
|
|
Pay point 1 |
40.01 |
53.34 |
53.34 |
66.68 |
|
Pay point 2 |
40.53 |
54.04 |
54.04 |
67.55 |
|
Pay point 3 |
41.07 |
54.76 |
54.76 |
68.45 |
|
Pay point 4 |
41.67 |
55.56 |
55.56 |
69.45 |
|
Pay point 5 |
42.09 |
56.12 |
56.12 |
70.15 |
(c) Casual employees—ordinary and penalty rates
[B.2.3 varied by PR740715; renumbered as B.1.2(c) by PR751294 ppc 30Jun23; B.1.2(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
|
Afternoon shift |
Night shift |
||||
|
|
% of minimum hourly rate |
% of casual hourly rate1 |
||||
|
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Student enrolled nurse |
|
|
|
|
|
|
|
Less than 21 years |
28.55 |
31.41 |
31.98 |
42.83 |
49.96 |
57.10 |
|
21 years and over |
29.96 |
32.96 |
33.56 |
44.94 |
52.43 |
59.92 |
|
Enrolled nurse |
|
|
|
|
|
|
|
Pay point 1 |
33.34 |
36.67 |
37.34 |
50.01 |
58.35 |
66.68 |
|
Pay point 2 |
33.78 |
37.15 |
37.83 |
50.67 |
59.12 |
67.56 |
|
Pay point 3 |
34.23 |
37.65 |
38.33 |
51.35 |
59.90 |
68.46 |
|
Pay point 4 |
34.73 |
38.20 |
38.89 |
52.10 |
60.78 |
69.46 |
|
Pay point 5 |
35.08 |
38.58 |
39.28 |
52.62 |
61.39 |
70.16 |
1 The casual hourly rate is defined in clause 2—Definitions.
B.1.3 Registered nurses—other than aged care employees
[B.3 renamed and renumbered as B.1.3 by PR751294 ppc 30Jun23]
(a) Full-time and part-time employees—ordinary and penalty rates
[B.3.1 varied by PR740715; renumbered as B.1.3(a) by PR751294 ppc 30Jun23; B.1.3(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
||
|
Afternoon shift |
Night shift |
||||||
|
|
% of minimum hourly rate |
||||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Registered nurse—level 1 |
|
|
|
|
|
|
|
|
Pay point 1 |
28.53 |
32.10 |
32.81 |
42.80 |
49.93 |
57.06 |
|
|
Pay point 2 |
29.12 |
32.76 |
33.49 |
43.68 |
50.96 |
58.24 |
|
|
Pay point 3 |
29.83 |
33.56 |
34.30 |
44.75 |
52.20 |
59.66 |
|
|
Pay point 4 |
30.62 |
34.45 |
35.21 |
45.93 |
53.59 |
61.24 |
|
|
Pay point 5 |
31.56 |
35.51 |
36.29 |
47.34 |
55.23 |
63.12 |
|
|
Pay point 6 |
32.48 |
36.54 |
37.35 |
48.72 |
56.84 |
64.96 |
|
|
Pay point 7 |
33.42 |
37.60 |
38.43 |
50.13 |
58.49 |
66.84 |
|
|
Pay point 8 and thereafter |
34.28 |
38.57 |
39.42 |
51.42 |
59.99 |
68.56 |
|
|
Registered nurse—level 2 |
|
|
|
|
|
|
|
|
Pay point 1 |
35.19 |
39.59 |
40.47 |
52.79 |
61.58 |
70.38 |
|
|
Pay point 2 |
35.76 |
40.23 |
41.12 |
53.64 |
62.58 |
71.52 |
|
|
Pay point 3 |
36.38 |
40.93 |
41.84 |
54.57 |
63.67 |
72.76 |
|
|
Pay point 4 and thereafter |
36.97 |
41.59 |
42.52 |
55.46 |
64.70 |
73.94 |
|
|
Registered nurse—level 3 |
|
|
|
|
|
|
|
|
Pay point 1 |
38.16 |
42.93 |
43.88 |
57.24 |
66.78 |
76.32 |
|
|
Pay point 2 |
38.86 |
43.72 |
44.69 |
58.29 |
68.01 |
77.72 |
|
|
Pay point 3 |
39.53 |
44.47 |
45.46 |
59.30 |
69.18 |
79.06 |
|
|
Pay point 4 and thereafter |
40.24 |
45.27 |
46.28 |
60.36 |
70.42 |
80.48 |
|
|
Registered nurse—level 41 |
|
|
|
|
|
|
|
|
Grade 1 |
43.56 |
– |
– |
65.34 |
76.23 |
87.12 |
|
|
Grade 2 |
46.68 |
– |
– |
70.02 |
81.69 |
93.36 |
|
|
Grade 3 |
49.40 |
– |
– |
74.10 |
86.45 |
98.80 |
|
|
Registered nurse—level 51 |
|
|
|
|
|
|
|
|
Grade 1 |
43.95 |
– |
– |
65.93 |
76.91 |
87.90 |
|
|
Grade 2 |
46.28 |
– |
– |
69.42 |
80.99 |
92.56 |
|
|
Grade 3 |
49.40 |
– |
– |
74.10 |
86.45 |
98.80 |
|
|
Grade 4 |
52.48 |
– |
– |
78.72 |
91.84 |
104.96 |
|
|
Grade 5 |
57.88 |
– |
– |
86.82 |
101.29 |
115.76 |
|
|
Grade 6 |
63.33 |
– |
– |
95.00 |
110.83 |
126.66 |
|
|
Minimum entry rates |
|
|
|
|
|
|
|
|
4 year degree |
29.79 |
33.51 |
34.26 |
44.69 |
52.13 |
59.58 |
|
|
Masters degree |
30.82 |
34.67 |
35.44 |
46.23 |
53.94 |
61.64 |
|
1 Shiftwork loadings do not apply to Registered nurse levels 4 and 5 in accordance with clause 20.2(e).
(b) Full-time and part-time employees—overtime rates
[B.3.2 varied by PR740715; renumbered as B.1.3(b) by PR751294 ppc 30Jun23; B.1.3(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Registered nurse—level 1 |
|
|
|
|
|
Pay point 1 |
42.80 |
57.06 |
57.06 |
71.33 |
|
Pay point 2 |
43.68 |
58.24 |
58.24 |
72.80 |
|
Pay point 3 |
44.75 |
59.66 |
59.66 |
74.58 |
|
Pay point 4 |
45.93 |
61.24 |
61.24 |
76.55 |
|
Pay point 5 |
47.34 |
63.12 |
63.12 |
78.90 |
|
Pay point 6 |
48.72 |
64.96 |
64.96 |
81.20 |
|
Pay point 7 |
50.13 |
66.84 |
66.84 |
83.55 |
|
Pay point 8 and thereafter |
51.42 |
68.56 |
68.56 |
85.70 |
|
Registered nurse—level 2 |
|
|
|
|
|
Pay point 1 |
52.79 |
70.38 |
70.38 |
87.98 |
|
Pay point 2 |
53.64 |
71.52 |
71.52 |
89.40 |
|
Pay point 3 |
54.57 |
72.76 |
72.76 |
90.95 |
|
Pay point 4 and thereafter |
55.46 |
73.94 |
73.94 |
92.43 |
|
Registered nurse—level 3 |
|
|
|
|
|
Pay point 1 |
57.24 |
76.32 |
76.32 |
95.40 |
|
Pay point 2 |
58.29 |
77.72 |
77.72 |
97.15 |
|
Pay point 3 |
59.30 |
79.06 |
79.06 |
98.83 |
|
Pay point 4 and thereafter |
60.36 |
80.48 |
80.48 |
100.60 |
|
Registered nurse—level 41 |
– |
– |
– |
– |
|
Registered nurse—level 51 |
– |
– |
– |
– |
|
Minimum entry rates |
|
|
|
|
|
4 year degree |
44.69 |
59.58 |
59.58 |
74.48 |
|
Masters degree |
46.23 |
61.64 |
61.64 |
77.05 |
1 Overtime rates do not apply to Registered nurse levels 4 and 5 in accordance with clause 19.1(b).
(c) Casual employees—ordinary and penalty rates
[B.3.3 varied by PR740715; renumbered as B.1.3(c) by PR751294 ppc 30Jun23; B.1.3(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|||||
|
|
% of minimum hourly rate |
% of casual hourly rate1 |
||||
|
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Registered nurse—level 1 |
|
|
|
|
|
|
|
Pay point 1 |
35.66 |
39.23 |
39.94 |
53.49 |
62.41 |
71.32 |
|
Pay point 2 |
36.40 |
40.04 |
40.77 |
54.60 |
63.70 |
72.80 |
|
Pay point 3 |
37.29 |
41.02 |
41.76 |
55.94 |
65.26 |
74.58 |
|
Pay point 4 |
38.28 |
42.10 |
42.87 |
57.42 |
66.99 |
76.56 |
|
Pay point 5 |
39.45 |
43.40 |
44.18 |
59.18 |
69.04 |
78.90 |
|
Pay point 6 |
40.60 |
44.66 |
45.47 |
60.90 |
71.05 |
81.20 |
|
Pay point 7 |
41.78 |
45.95 |
46.79 |
62.67 |
73.12 |
83.56 |
|
Pay point 8 and thereafter |
42.85 |
47.14 |
47.99 |
64.28 |
74.99 |
85.70 |
|
Registered nurse—level 2 |
|
|
|
|
|
|
|
Pay point 1 |
43.99 |
48.39 |
49.27 |
65.99 |
76.98 |
87.98 |
|
Pay point 2 |
44.70 |
49.17 |
50.06 |
67.05 |
78.23 |
89.40 |
|
Pay point 3 |
45.48 |
50.02 |
50.93 |
68.22 |
79.59 |
90.96 |
|
Pay point 4 and thereafter |
46.21 |
50.83 |
51.76 |
69.32 |
80.87 |
92.42 |
|
Registered nurse—level 3 |
|
|
|
|
|
|
|
Pay point 1 |
47.70 |
52.47 |
53.42 |
71.55 |
83.48 |
95.40 |
|
Pay point 2 |
48.58 |
53.43 |
54.40 |
72.87 |
85.02 |
97.16 |
|
Pay point 3 |
49.41 |
54.35 |
55.34 |
74.12 |
86.47 |
98.82 |
|
Pay point 4 and thereafter |
50.30 |
55.33 |
56.34 |
75.45 |
88.03 |
100.60 |
|
Registered nurse—level 42 |
|
|
|
|
|
|
|
Grade 1 |
54.45 |
– |
– |
81.68 |
95.29 |
108.90 |
|
Grade 2 |
58.35 |
– |
– |
87.53 |
102.11 |
116.70 |
|
Grade 3 |
61.75 |
– |
– |
92.63 |
108.06 |
123.50 |
|
Registered nurse—level 52 |
|
|
|
|
|
|
|
Grade 1 |
54.94 |
– |
– |
82.41 |
96.15 |
109.88 |
|
Grade 2 |
57.85 |
– |
– |
86.78 |
101.24 |
115.70 |
|
Grade 3 |
61.75 |
– |
– |
92.63 |
108.06 |
123.50 |
|
Grade 4 |
65.60 |
– |
– |
98.40 |
114.80 |
131.20 |
|
Grade 5 |
72.35 |
– |
– |
108.53 |
126.61 |
144.70 |
|
Grade 6 |
79.16 |
– |
– |
118.74 |
138.53 |
158.32 |
|
Minimum entry rates |
|
|
|
|
|
|
|
4 year degree |
37.24 |
40.96 |
41.71 |
55.86 |
65.17 |
74.48 |
|
Masters degree |
38.53 |
42.38 |
43.15 |
57.80 |
67.43 |
77.06 |
1 The casual hourly rate is defined in clause 2—Definitions.
2 Shiftwork loadings do not apply to Registered nurse levels 4 and 5 in accordance with clause 20.2(e).
B.1.4 Nurse practitioner—other than aged care employees
[B.4 renamed and renumbered as B.1.4 by PR751294 ppc 30Jun23]
(a) Full-time and part-time employees—ordinary and penalty rates
[B.4.1 varied by PR740715; renumbered as B.1.4(a) by PR751294 ppc 30Jun23; B.1.4(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|
|
|||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
1st year |
43.91 |
49.40 |
50.50 |
65.87 |
76.84 |
87.82 |
|
2nd year |
45.22 |
50.87 |
52.00 |
67.83 |
79.14 |
90.44 |
(b) Full-time and part-time employees—overtime rates
[B.4.2 varied by PR740715; renumbered as B.1.4(b) by PR751294 ppc 30Jun2; B.1.4(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
1st year |
65.87 |
87.82 |
87.82 |
109.78 |
|
2nd year |
67.83 |
90.44 |
90.44 |
113.05 |
(c) Casual employees—ordinary and penalty rates
[B.4.3 varied by PR740715; renumbered as B.1.4(c) by PR751294 ppc 30Jun23; B.1.4(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|||||
|
|
% of minimum hourly rate |
% of casual hourly rate1 |
||||
|
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
1st year |
54.89 |
60.38 |
61.47 |
82.34 |
96.06 |
109.78 |
|
2nd year |
56.53 |
62.18 |
63.31 |
84.80 |
98.93 |
113.06 |
1 The casual hourly rate is defined in clause 2—Definitions.
B.1.5 Occupational health nurse
[B.5 renumbered as B.1.5 by PR751294 ppc 30Jun23]
(a) Full-time and part-time employees—ordinary and penalty rates
[B.5.1 varied by PR740715; renumbered as B.1.5(a) by PR751294 ppc 30Jun23; B.1.5(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
|
Afternoon shift |
Night shift |
||||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Occupational health nurse—level 1 |
|
|
|
|
|
|
|
Pay point 1 |
30.62 |
34.45 |
35.21 |
45.93 |
53.59 |
61.24 |
|
Pay point 2 |
31.56 |
35.51 |
36.29 |
47.34 |
55.23 |
63.12 |
|
Pay point 3 |
32.48 |
36.54 |
37.35 |
48.72 |
56.84 |
64.96 |
|
Pay point 4 |
33.42 |
37.60 |
38.43 |
50.13 |
58.49 |
66.84 |
|
Pay point 5 |
34.28 |
38.57 |
39.42 |
51.42 |
59.99 |
68.56 |
|
Occupational health nurse—level 2 |
|
|
|
|
|
|
|
Pay point 1 |
35.19 |
39.59 |
40.47 |
52.79 |
61.58 |
70.38 |
|
Pay point 2 |
35.76 |
40.23 |
41.12 |
53.64 |
62.58 |
71.52 |
|
Pay point 3 |
36.38 |
40.93 |
41.84 |
54.57 |
63.67 |
72.76 |
|
Pay point 4 |
36.97 |
41.59 |
42.52 |
55.46 |
64.70 |
73.94 |
|
Senior occupational health clinical nurse |
36.97 |
41.59 |
42.52 |
55.46 |
64.70 |
73.94 |
|
Occupational health nurse—level 3 |
|
|
|
|
|
|
|
Pay point 1 |
38.16 |
42.93 |
43.88 |
57.24 |
66.78 |
76.32 |
|
Pay point 2 |
38.86 |
43.72 |
44.69 |
58.29 |
68.01 |
77.72 |
|
Pay point 3 |
39.53 |
44.47 |
45.46 |
59.30 |
69.18 |
79.06 |
|
Pay point 4 and thereafter |
40.24 |
45.27 |
46.28 |
60.36 |
70.42 |
80.48 |
(b) Full-time and part-time employees—overtime rates
[B.5.2 varied by PR740715; renumbered as B.1.5(b) by PR751294 ppc 30Jun23; B.1.5(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Occupational health nurse—level 1 |
|
|
|
|
|
Pay point 1 |
45.93 |
61.24 |
61.24 |
76.55 |
|
Pay point 2 |
47.34 |
63.12 |
63.12 |
78.90 |
|
Pay point 3 |
48.72 |
64.96 |
64.96 |
81.20 |
|
Pay point 4 |
50.13 |
66.84 |
66.84 |
83.55 |
|
Pay point 5 |
51.42 |
68.56 |
68.56 |
85.70 |
|
Occupational health nurse—level 2 |
|
|
|
|
|
Pay point 1 |
52.79 |
70.38 |
70.38 |
87.98 |
|
Pay point 2 |
53.64 |
71.52 |
71.52 |
89.40 |
|
Pay point 3 |
54.57 |
72.76 |
72.76 |
90.95 |
|
Pay point 4 |
55.46 |
73.94 |
73.94 |
92.43 |
|
Senior occupational health clinical nurse |
55.46 |
73.94 |
73.94 |
92.43 |
|
Occupational health nurse—level 3 |
|
|
|
|
|
Pay point 1 |
57.24 |
76.32 |
76.32 |
95.40 |
|
Pay point 2 |
58.29 |
77.72 |
77.72 |
97.15 |
|
Pay point 3 |
59.30 |
79.06 |
79.06 |
98.83 |
|
Pay point 4 and thereafter |
60.36 |
80.48 |
80.48 |
100.60 |
(c) Casual employees—ordinary and penalty rates
[B.5.3 varied by PR740715; renumbered as B.1.5(c) by PR751294 ppc 30Jun23; B.1.5(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
|
Afternoon shift |
Night shift |
||||
|
|
% of minimum hourly rate |
% of casual hourly rate1 |
||||
|
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Occupational health nurse—level 1 |
|
|
|
|
|
|
|
Pay point 1 |
38.28 |
42.10 |
42.87 |
57.42 |
66.99 |
76.56 |
|
Pay point 2 |
39.45 |
43.40 |
44.18 |
59.18 |
69.04 |
78.90 |
|
Pay point 3 |
40.60 |
44.66 |
45.47 |
60.90 |
71.05 |
81.20 |
|
Pay point 4 |
41.78 |
45.95 |
46.79 |
62.67 |
73.12 |
83.56 |
|
Pay point 5 |
42.85 |
47.14 |
47.99 |
64.28 |
74.99 |
85.70 |
|
Occupational health nurse—level 2 |
|
|
|
|
|
|
|
Pay point 1 |
43.99 |
48.39 |
49.27 |
65.99 |
76.98 |
87.98 |
|
Pay point 2 |
44.70 |
49.17 |
50.06 |
67.05 |
78.23 |
89.40 |
|
Pay point 3 |
45.48 |
50.02 |
50.93 |
68.22 |
79.59 |
90.96 |
|
Pay point 4 |
46.21 |
50.83 |
51.76 |
69.32 |
80.87 |
92.42 |
|
Senior occupational health clinical nurse |
46.21 |
50.83 |
51.76 |
69.32 |
80.87 |
92.42 |
|
Occupational health nurse—level 3 |
|
|
|
|
|
|
|
Pay point 1 |
47.70 |
52.47 |
53.42 |
71.55 |
83.48 |
95.40 |
|
Pay point 2 |
48.58 |
53.43 |
54.40 |
72.87 |
85.02 |
97.16 |
|
Pay point 3 |
49.41 |
54.35 |
55.34 |
74.12 |
86.47 |
98.82 |
|
Pay point 4 and thereafter |
50.30 |
55.33 |
56.34 |
75.45 |
88.03 |
100.60 |
1 The casual hourly rate is defined in clause 2—Definitions.
B.2 Summary of hourly rates of pay for aged care employees
[New B.2 inserted by PR751294 ppc 30Jun23]
B.2.1 Nursing assistant—aged care employees
(a) Full-time and part-time employees—ordinary and penalty rates
[B.2.1(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
|
Afternoon shift |
Night shift |
||||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
1st year |
28.27 |
31.80 |
32.51 |
42.41 |
49.47 |
56.54 |
|
2nd year |
28.71 |
32.30 |
33.02 |
43.07 |
50.24 |
57.42 |
|
3rd year and thereafter |
29.17 |
32.82 |
33.55 |
43.76 |
51.05 |
58.34 |
|
Experienced (the holder of a relevant certificate III qualification) |
30.11 |
33.87 |
34.63 |
45.17 |
52.69 |
60.22 |
(b) Full-time and part-time employees—overtime rates
[B.2.1(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
|
First 2 hours |
After 2 hours |
||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
1st year |
42.41 |
56.54 |
56.54 |
70.68 |
|
2nd year |
43.07 |
57.42 |
57.42 |
71.78 |
|
3rd year and thereafter |
43.76 |
58.34 |
58.34 |
72.93 |
|
Experienced (the holder of a relevant certificate III qualification) |
45.17 |
60.22 |
60.22 |
75.28 |
(c) Casual employees—ordinary and penalty rates
[B.2.1(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|||||
|
% of minimum hourly rate |
% of casual hourly rate1 |
|||||
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
1st year |
35.34 |
38.87 |
39.58 |
53.01 |
61.85 |
70.68 |
|
2nd year |
35.89 |
39.48 |
40.19 |
53.84 |
62.81 |
71.78 |
|
3rd year and thereafter |
36.46 |
40.11 |
40.84 |
54.69 |
63.81 |
72.92 |
|
Experienced (the holder of a relevant certificate III qualification) |
37.64 |
41.40 |
42.15 |
56.46 |
65.87 |
75.28 |
1 The casual hourly rate is defined in clause 2—Definitions.
B.2.2 Enrolled nurses—aged care employees
(a) Full-time and part-time employees—ordinary and penalty rates
[B.2.2(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|||||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Student enrolled nurse |
|
|
|
|
|
|
|
Less than 21 years of age |
26.27 |
29.55 |
30.21 |
39.41 |
45.97 |
52.54 |
|
21 years of age and over |
27.57 |
31.02 |
31.71 |
41.36 |
48.25 |
55.14 |
|
Enrolled nurse |
|
|
|
|
|
|
|
Pay point 1 |
30.67 |
34.50 |
35.27 |
46.01 |
53.67 |
61.34 |
|
Pay point 2 |
31.08 |
34.97 |
35.74 |
46.62 |
54.39 |
62.16 |
|
Pay point 3 |
31.49 |
35.43 |
36.21 |
47.24 |
55.11 |
62.98 |
|
Pay point 4 |
31.94 |
35.93 |
36.73 |
47.91 |
55.90 |
63.88 |
|
Pay point 5 |
32.26 |
36.29 |
37.10 |
48.39 |
56.46 |
64.52 |
(b) Full-time and part-time employees—overtime rates
[B.2.2(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
|
First 2 hours |
After 2 hours |
||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Student enrolled nurse |
|
|
|
|
|
Less than 21 years of age |
39.41 |
52.54 |
52.54 |
65.68 |
|
21 years of age and over |
41.36 |
55.14 |
55.14 |
68.93 |
|
Enrolled nurse |
|
|
|
|
|
Pay point 1 |
46.01 |
61.34 |
61.34 |
76.68 |
|
Pay point 2 |
46.62 |
62.16 |
62.16 |
77.70 |
|
Pay point 3 |
47.24 |
62.98 |
62.98 |
78.73 |
|
Pay point 4 |
47.91 |
63.88 |
63.88 |
79.85 |
|
Pay point 5 |
48.39 |
64.52 |
64.52 |
80.65 |
(c) Casual employees—ordinary and penalty rates
[B.2.2(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
|
Afternoon shift |
Night shift |
||||
|
|
% of minimum hourly rate |
% of casual hourly rate1 |
||||
|
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Student enrolled nurse |
|
|
|
|
|
|
|
Less than 21 years of age |
32.84 |
36.12 |
36.78 |
49.26 |
57.47 |
65.68 |
|
21 years of age and over |
34.46 |
37.91 |
38.60 |
51.69 |
60.31 |
68.92 |
|
Enrolled nurse |
|
|
|
|
|
|
|
Pay point 1 |
38.34 |
42.17 |
42.94 |
57.51 |
67.10 |
76.68 |
|
Pay point 2 |
38.85 |
42.74 |
43.51 |
58.28 |
67.99 |
77.70 |
|
Pay point 3 |
39.36 |
43.30 |
44.09 |
59.04 |
68.88 |
78.72 |
|
Pay point 4 |
39.93 |
43.92 |
44.72 |
59.90 |
69.88 |
79.86 |
|
Pay point 5 |
40.33 |
44.36 |
45.16 |
60.50 |
70.58 |
80.66 |
1 The casual hourly rate is defined in clause 2—Definitions.
B.2.3 Registered nurses—aged care employees
(a) Full-time and part-time employees—ordinary and penalty rates
[B.2.3(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
||
|
Afternoon shift |
Night shift |
||||||
|
|
% of minimum hourly rate |
||||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Registered nurse—level 1 |
|
|
|
|
|
|
|
|
Pay point 1 |
32.81 |
36.91 |
37.73 |
49.22 |
57.42 |
65.62 |
|
|
Pay point 2 |
33.48 |
37.67 |
38.50 |
50.22 |
58.59 |
66.96 |
|
|
Pay point 3 |
34.31 |
38.60 |
39.46 |
51.47 |
60.04 |
68.62 |
|
|
Pay point 4 |
35.22 |
39.62 |
40.50 |
52.83 |
61.64 |
70.44 |
|
|
Pay point 5 |
36.30 |
40.84 |
41.75 |
54.45 |
63.53 |
72.60 |
|
|
Pay point 6 |
37.35 |
42.02 |
42.95 |
56.03 |
65.36 |
74.70 |
|
|
Pay point 7 |
38.43 |
43.23 |
44.19 |
57.65 |
67.25 |
76.86 |
|
|
Pay point 8 and thereafter |
39.43 |
44.36 |
45.34 |
59.15 |
69.00 |
78.86 |
|
|
Registered nurse—level 2 |
|
|
|
|
|
|
|
|
Pay point 1 |
40.47 |
45.53 |
46.54 |
60.71 |
70.82 |
80.94 |
|
|
Pay point 2 |
41.12 |
46.26 |
47.29 |
61.68 |
71.96 |
82.24 |
|
|
Pay point 3 |
41.83 |
47.06 |
48.10 |
62.75 |
73.20 |
83.66 |
|
|
Pay point 4 and thereafter |
42.52 |
47.84 |
48.90 |
63.78 |
74.41 |
85.04 |
|
|
Registered nurse—level 3 |
|
|
|
|
|
|
|
|
Pay point 1 |
43.89 |
49.38 |
50.47 |
65.84 |
76.81 |
87.78 |
|
|
Pay point 2 |
44.69 |
50.28 |
51.39 |
67.04 |
78.21 |
89.38 |
|
|
Pay point 3 |
45.46 |
51.14 |
52.28 |
68.19 |
79.56 |
90.92 |
|
|
Pay point 4 and thereafter |
46.28 |
52.07 |
53.22 |
69.42 |
80.99 |
92.56 |
|
|
Registered nurse—level 41 |
|
|
|
|
|
|
|
|
Grade 1 |
50.09 |
– |
– |
75.14 |
87.66 |
100.18 |
|
|
Grade 2 |
53.68 |
– |
– |
80.52 |
93.94 |
107.36 |
|
|
Grade 3 |
56.81 |
– |
– |
85.22 |
99.42 |
113.62 |
|
|
Registered nurse—level 51 |
|
|
|
|
|
|
|
|
Grade 1 |
50.54 |
– |
– |
75.81 |
88.45 |
101.08 |
|
|
Grade 2 |
53.23 |
– |
– |
79.85 |
93.15 |
106.46 |
|
|
Grade 3 |
56.81 |
– |
– |
85.22 |
99.42 |
113.62 |
|
|
Grade 4 |
60.35 |
– |
– |
90.53 |
105.61 |
120.70 |
|
|
Grade 5 |
66.56 |
– |
– |
99.84 |
116.48 |
133.12 |
|
|
Grade 6 |
72.83 |
– |
– |
109.25 |
127.45 |
145.66 |
|
|
Minimum entry rates |
|
|
|
|
|
|
|
|
4 year degree |
34.26 |
38.54 |
39.40 |
51.39 |
59.96 |
68.52 |
|
|
Masters degree |
35.44 |
39.87 |
40.76 |
53.16 |
62.02 |
70.88 |
|
1 Shiftwork loadings do not apply to Registered nurse levels 4 and 5 in accordance with clause 20.2(e).
(f) Full-time and part-time employees—overtime rates
[B.2.3(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Registered nurse—level 1 |
|
|
|
|
|
Pay point 1 |
49.22 |
65.62 |
65.62 |
82.03 |
|
Pay point 2 |
50.22 |
66.96 |
66.96 |
83.70 |
|
Pay point 3 |
51.47 |
68.62 |
68.62 |
85.78 |
|
Pay point 4 |
52.83 |
70.44 |
70.44 |
88.05 |
|
Pay point 5 |
54.45 |
72.60 |
72.60 |
90.75 |
|
Pay point 6 |
56.03 |
74.70 |
74.70 |
93.38 |
|
Pay point 7 |
57.65 |
76.86 |
76.86 |
96.08 |
|
Pay point 8 and thereafter |
59.15 |
78.86 |
78.86 |
98.58 |
|
Registered nurse—level 2 |
|
|
|
|
|
Pay point 1 |
60.71 |
80.94 |
80.94 |
101.18 |
|
Pay point 2 |
61.68 |
82.24 |
82.24 |
102.80 |
|
Pay point 3 |
62.75 |
83.66 |
83.66 |
104.58 |
|
Pay point 4 and thereafter |
63.78 |
85.04 |
85.04 |
106.30 |
|
Registered nurse—level 3 |
|
|
|
|
|
Pay point 1 |
65.84 |
87.78 |
87.78 |
109.73 |
|
Pay point 2 |
67.04 |
89.38 |
89.38 |
111.73 |
|
Pay point 3 |
68.19 |
90.92 |
90.92 |
113.65 |
|
Pay point 4 and thereafter |
69.42 |
92.56 |
92.56 |
115.70 |
|
Registered nurse—level 41 |
– |
– |
– |
– |
|
Registered nurse—level 51 |
– |
– |
– |
– |
|
Minimum entry rates |
|
|
|
|
|
4 year degree |
51.39 |
68.52 |
68.52 |
85.65 |
|
Masters degree |
53.16 |
70.88 |
70.88 |
88.60 |
1 Overtime rates do not apply to Registered nurse levels 4 and 5 in accordance with clause 19.1(b).
(b) Casual employees—ordinary and penalty rates
[B.2.3(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|||||
|
|
% of minimum hourly rate |
% of casual hourly rate1 |
||||
|
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Registered nurse—level 1 |
|
|
|
|
|
|
|
Pay point 1 |
41.01 |
45.11 |
45.93 |
61.52 |
71.77 |
82.02 |
|
Pay point 2 |
41.85 |
46.04 |
46.87 |
62.78 |
73.24 |
83.70 |
|
Pay point 3 |
42.89 |
47.18 |
48.03 |
64.34 |
75.06 |
85.78 |
|
Pay point 4 |
44.03 |
48.43 |
49.31 |
66.05 |
77.05 |
88.06 |
|
Pay point 5 |
45.38 |
49.91 |
50.82 |
68.07 |
79.42 |
90.76 |
|
Pay point 6 |
46.69 |
51.36 |
52.29 |
70.04 |
81.71 |
93.38 |
|
Pay point 7 |
48.04 |
52.84 |
53.80 |
72.06 |
84.07 |
96.08 |
|
Pay point 8 and thereafter |
49.29 |
54.22 |
55.20 |
73.94 |
86.26 |
98.58 |
|
Registered nurse—level 2 |
|
|
|
|
|
|
|
Pay point 1 |
50.59 |
55.65 |
56.66 |
75.89 |
88.53 |
101.18 |
|
Pay point 2 |
51.40 |
56.54 |
57.57 |
77.10 |
89.95 |
102.80 |
|
Pay point 3 |
52.29 |
57.52 |
58.56 |
78.44 |
91.51 |
104.58 |
|
Pay point 4 and thereafter |
53.15 |
58.47 |
59.53 |
79.73 |
93.01 |
106.30 |
|
Registered nurse—level 3 |
|
|
|
|
|
|
|
Pay point 1 |
54.86 |
60.35 |
61.45 |
82.29 |
96.01 |
109.72 |
|
Pay point 2 |
55.86 |
61.45 |
62.57 |
83.79 |
97.76 |
111.72 |
|
Pay point 3 |
56.83 |
62.51 |
63.64 |
85.25 |
99.45 |
113.66 |
|
Pay point 4 and thereafter |
57.85 |
63.64 |
64.79 |
86.78 |
101.24 |
115.70 |
|
Registered nurse—level 42 |
|
|
|
|
|
|
|
Grade 1 |
62.61 |
– |
– |
93.92 |
109.57 |
125.22 |
|
Grade 2 |
67.10 |
– |
– |
100.65 |
117.43 |
134.20 |
|
Grade 3 |
71.01 |
– |
– |
106.52 |
124.27 |
142.02 |
|
Registered nurse—level 52 |
|
|
|
|
|
|
|
Grade 1 |
63.18 |
– |
– |
94.77 |
110.57 |
126.36 |
|
Grade 2 |
66.54 |
– |
– |
99.81 |
116.45 |
133.08 |
|
Grade 3 |
71.01 |
– |
– |
106.52 |
124.27 |
142.02 |
|
Grade 4 |
75.44 |
– |
– |
113.16 |
132.02 |
150.88 |
|
Grade 5 |
83.20 |
– |
– |
124.80 |
145.60 |
166.40 |
|
Grade 6 |
91.04 |
– |
– |
136.56 |
159.32 |
182.08 |
|
Minimum entry rates |
|
|
|
|
|
|
|
4 year degree |
42.83 |
47.11 |
47.96 |
64.25 |
74.95 |
85.66 |
|
Masters degree |
44.30 |
48.73 |
49.62 |
66.45 |
77.53 |
88.60 |
1 The casual hourly rate is defined in clause 2—Definitions.
2 Shiftwork loadings do not apply to Registered nurse levels 4 and 5 in accordance with clause 20.2(e).
B.2.4 Nurse practitioner—aged care employees
(a) Full-time and part-time employees—ordinary and penalty rates
[B.2.4(a) varied by PR762144 ppc 01Jul23]
|
|
Minimum hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|
|
|||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
112.5% |
115% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
1st year |
50.50 |
56.81 |
58.08 |
75.75 |
88.38 |
101.00 |
|
2nd year |
52.00 |
58.50 |
59.80 |
78.00 |
91.00 |
104.00 |
(b) Full-time and part-time employees—overtime rates
[B.2.4(b) varied by PR762144 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
1st year |
75.75 |
101.00 |
101.00 |
126.25 |
|
2nd year |
78.00 |
104.00 |
104.00 |
130.00 |
(c) Casual employees—ordinary and penalty rates
[B.2.4(c) varied by PR762144 ppc 01Jul23]
|
|
Casual hourly rate |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Afternoon shift |
Night shift |
|||||
|
|
% of minimum hourly rate |
% of casual hourly rate1 |
||||
|
|
125% |
137.5% |
140% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
1st year |
63.13 |
69.44 |
70.70 |
94.70 |
110.48 |
126.26 |
|
2nd year |
65.00 |
71.50 |
72.80 |
97.50 |
113.75 |
130.00 |
1 The casual hourly rate is defined in clause 2—Definitions.
B.2.5
Schedule C—Summary of Monetary allowances
[Varied by PR740883, PR740715, PR750784, PR751294, PR762144, PR762307]
See clause 17—Allowances for full details of allowances payable under this award.
[C.1.1 varied by PR740715, PR751294 ppc 30Jun23; varied by PR762144 ppc 01Jul23]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Registered nurse—other than aged care employee–level 1, pay point 1 in clause 15.1(c)(i) = $1084.10.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
On-call allowance—between rostered shifts or ordinary hours on—Monday to Friday inclusive |
17.2(a)(i) |
2.35 |
25.48 |
per 24-hour period or part thereof |
|
On-call allowance—between rostered shifts or ordinary hours on—Saturday |
17.2(a)(i) |
3.54 |
38.38 |
per 24-hour period or part thereof |
|
On-call allowance—between rostered shifts or ordinary hours on—Sunday, public holiday or non-rostered day |
17.2(a)(i) |
4.13 |
44.77 |
per 24-hour period or part thereof |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750784 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2.1 varied by PR740883, PR762307 ppc 01Jul23]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.3:
|
Allowance |
Clause |
$ |
Payable |
|
Uniform allowance, the lesser of—per shift or part thereof |
17.3(a)(ii) |
1.23 |
per shift or part thereof |
|
Uniform allowance, the lesser of—per week |
17.3(a)(ii) |
6.24 |
per week |
|
Laundry allowance, the lesser of—per shift or part thereof |
17.3(a)(iii) |
0.32 |
per shift or part thereof |
|
Laundry allowance, the lesser of—per week |
17.3(a)(iii) |
1.49 |
per week |
|
Meal allowances—overtime |
17.3(b)(i) |
15.20 |
per occasion |
|
Meal allowances—further meal allowance where overtime exceeds 4 hours |
17.3(b)(ii) |
13.70 |
per occasion |
|
Travelling, transport and fares—own vehicle |
17.3(c)(i) |
0.96 |
per km |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take-away and fast foods sub-group |
|
Clothing and equipment allowance |
Clothing and footwear group |
|
Vehicle allowance |
Private motoring sub-group |
Schedule D—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then 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. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule E—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule F—Part-day Public Holidays deleted by PR747351 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR736911; deleted by PR746868 ppc 17Oct22]
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past, present and future.