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Nurses Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777261 and PR777996).

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

2—Definitions

11—Casual employees

13A—Employee right to disconnect

31—Dispute resolution

 

Table of Contents

[Varied by PR746868, PR747351, PR750511, PR774743, PR777996]

Part 1— Application and Operation of this Award. 4

1. Title and commencement 4

2. Definitions. 4

3. The National Employment Standards and this award. 6

4. Coverage. 6

5. Individual flexibility arrangements. 7

6. Requests for flexible working arrangements. 9

7. Facilitative provisions. 9

Part 2— Types of Employment and Classifications. 10

8. Types of employment 10

9. Full-time employees. 10

10. Part-time employees. 10

11. Casual employees. 11

12. Classifications. 12

Part 3— Hours of Work. 12

13. Ordinary hours of work and rostering arrangements. 12

13A. Employee right to disconnect 14

14. Breaks. 15

Part 4— Wages and Allowances. 16

15. Minimum rates. 16

16. Payment of wages. 28

17. Allowances. 29

18. Superannuation. 32

Part 5— Overtime and Penalty Rates. 34

19. Overtime. 34

20. Shiftwork. 38

21. Saturday and Sunday work. 39

Part 6— Leave and Public Holidays. 39

22. Annual leave. 39

23. Ceremonial leave. 46

24. Parental leave and related entitlements. 46

25. Personal/carer’s leave and compassionate leave. 46

26. Community service leave. 46

27. Family and domestic violence leave. 46

28. Public holidays. 47

Part 7— Workplace Delegates, Consultation and Dispute Resolution. 49

28A. Workplace delegates’ rights. 49

29. Consultation about major workplace change. 52

30. Consultation about changes to rosters or hours of work. 54

31. Dispute resolution. 54

Part 8— Termination of Employment and Redundancy. 56

32. Termination of employment 56

33. Redundancy. 57

Schedule A —Classification Definitions. 59

Schedule B —Summary of Hourly Rates of Pay. 73

Schedule C —Summary of Monetary allowances. 113

Schedule D —Agreement to Take Annual Leave in Advance. 116

Schedule E —Agreement to Cash Out Annual Leave. 118


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Nurses Award 2020.

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

1.3                   A variation to this award 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.

2.                      Definitions

[Varied by PR733887, PR751294, PR774743, PR777261]

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; varied by PR777261 from 27Aug24]

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

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

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.

[Definition of employee organisation inserted by PR774743 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

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

[Definition of enterprise inserted by PR774743 from 01Jul24]

enterprise has the meaning given by section 12 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 small business employer inserted by PR774743 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

[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).

[Definition of workplace delegate inserted by PR774743 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

3.                      The National Employment Standards and this award

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

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

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

4.                      Coverage

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.

4.2                   Health industry means employers in the business and/or activity of providing health and medical services and who employ nurses and persons who directly assist nurses in the provision of nursing care and nursing services.

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

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

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

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

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

5.11               An agreement may be terminated:

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

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

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

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

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

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

Clause

Provision

Agreement between an employer and:

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.                      Types of employment

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.                      Full-time employees

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.                 Part-time employees

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.

10.2               Before commencing part-time employment, the employer and employee will agree in writing to the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours.

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.

11.                 Casual employees

[Varied by PR733887, PR743421, PR777261]

[11.1 deleted by PR733887 from 27Sep21]

11.1               Casual loading

[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 20Shiftwork 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               Changes to casual employment status

[11.6 renumbered as 11.5 and renamed and substituted by PR733887; renamed and substituted by PR777261 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 31—Dispute resolution.

12.                 Classifications

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.

Part 3—Hours of Work

13.                 Ordinary hours of work and rostering arrangements

13.1               Ordinary hours and roster cycles

(a)          Span of hours—day worker

Ordinary hours of work for a day worker are worked between 6.00 am and 6.00 pm, Monday to Friday.

(b)         A shiftworker is 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).

(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.

(e)          An accrued day off (ADO) system of work may be implemented where a full-time employee works no more than 19 days in a 4 week period of 152 hours.

(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.

13.2               Rostering

(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.

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

(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.

(b)         By mutual agreement between the employer and employee, the 10 hour rest break may be reduced to 8 hours.

(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.

13A. Employee right to disconnect

[13A inserted by PR777996 from 26Aug24]

13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

13A.2 Clause 13A applies from the following dates:

(a)          26 August 2024—for employers that are not small business employers on this date and their employees.

(b)         26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:

(a)          the employee is being paid the on-call allowance under clause 17.2(a); and

(b)         the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the on-call.

13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:

(a)          an emergency roster change under clause 13.2(f); or

(b)         a recall to work under clause 19.6 or 19.7.

14.                 Breaks

14.1               Unpaid meal breaks

(a)          An employee who works in excess of 5 hours will be entitled to an unpaid meal break of 30 to 60 minutes. Such meal break will be taken between the 4th and the 6th hour after beginning work, where reasonably practicable. Provided that, by agreement of an individual employee, an employee who works shifts of 6 hours or less may forfeit the meal break.

(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.

14.2               Paid tea breaks

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

(b)         Subject to agreement between the employer and employee, two 10 minute tea breaks may be taken as one 20 minute tea break.

(c)          Tea breaks will count as time worked.

Part 4—Wages and Allowances

15.                 Minimum rates

[Varied by PR740715, PR751294, PR762144, PR773919]

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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

1st year

969.20

25.51

2nd year

984.40

25.91

3rd year and thereafter

1000.20

26.32

Experienced (the holder of a relevant certificate III qualification)

1032.30

27.17

(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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Less than 21 years of age

900.40

23.69

21 years of age and over

945.10

24.87

(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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Pay point 1

1051.40

27.67

Pay point 2

1065.30

28.03

Pay point 3

1079.50

28.41

Pay point 4

1095.10

28.82

Pay point 5

1106.10

29.11

(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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Registered nurse—level 1

 

 

Pay point 1

1124.80

29.60

Pay point 2

1147.90

30.21

Pay point 3

1176.00

30.95

Pay point 4

1207.30

31.77

Pay point 5

1244.40

32.75

Pay point 6

1280.40

33.69

Pay point 7

1317.40

34.67

Pay point 8 and thereafter

1351.70

35.57

Registered nurse—level 2

 

 

Pay point 1

1387.60

36.52

Pay point 2

1409.70

37.10

Pay point 3

1434.10

37.74

Pay point 4 and thereafter

1457.60

38.36

Registered nurse—level 3

 

 

Pay point 1

1504.50

39.59

Pay point 2

1532.20

40.32

Pay point 3

1558.60

41.02

Pay point 4 and thereafter

1586.60

41.75

Registered nurse—level 4

 

 

Grade 1

1717.20

45.19

Grade 2

1840.20

48.43

Grade 3

1947.60

51.25

Registered nurse—level 5

 

 

Grade 1

1732.80

45.60

Grade 2

1824.80

48.02

Grade 3

1947.60

51.25

Grade 4

2069.00

54.45

Grade 5

2282.00

60.05

Grade 6

2496.80

65.71

(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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

4 year degree1

1174.60

30.91

Masters degree1

1215.00

31.97

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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

1st year

1731.30

45.56

2nd year

1782.70

46.91

(e)          Occupational health nurses

[15.6 varied by PR740715; renumbered as 15.1(e) by PR751294 ppc 30Jun23; 15.1(e) varied by PR762144, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Occupational health nurse—level 1

 

 

Pay point 1

1207.30

31.77

Pay point 2

1244.40

32.75

Pay point 3

1280.40

33.69

Pay point 4

1317.40

34.67

Pay point 5

1351.70

35.57

Occupational health nurse—level 2

 

 

Pay point 1

1387.60

36.52

Pay point 2

1409.70

37.10

Pay point 3

1434.10

37.74

Pay point 4

1457.60

38.36

Senior occupational health clinical nurse

1457.60

38.36

Occupational health nurse—level 3

 

 

Pay point 1

1504.50

39.59

Pay point 2

1532.20

40.32

Pay point 3

1558.60

41.02

Pay point 4 and thereafter

1586.60

41.75

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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

1st year

1114.60

29.33

2nd year

1132.00

29.79

3rd year and thereafter

1150.20

30.27

Experienced (the holder of a relevant certificate III qualification)

1187.10

31.24

(b)         Enrolled Nurses—aged care employees

(i)            Student enrolled nurse

[15.2(b)(i) varied by PR762144, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Less than 21 years of age

1035.50

27.25

21 years of age and over

1086.90

28.60

(ii)          Enrolled nurse

[15.2(b)(ii) varied by PR762144, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Pay point 1

1209.10

31.82

Pay point 2

1225.20

32.24

Pay point 3

1241.50

32.67

Pay point 4

1259.30

33.14

Pay point 5

1272.00

33.47

(c)          Registered nurses—aged care employees

(i)            Registered nurse—Levels 1–5

[15.2(c)(i) varied by PR762144, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Registered nurse—level 1

 

 

Pay point 1

1293.60

34.04

Pay point 2

1320.00

34.74

Pay point 3

1352.50

35.59

Pay point 4

1388.50

36.54

Pay point 5

1431.00

37.66

Pay point 6

1472.50

38.75

Pay point 7

1515.10

39.87

Pay point 8 and thereafter

1554.50

40.91

Registered nurse—level 2

 

 

Pay point 1

1595.70

41.99

Pay point 2

1621.10

42.66

Pay point 3

1649.20

43.40

Pay point 4 and thereafter

1676.20

44.11

Registered nurse—level 3

 

 

Pay point 1

1730.20

45.53

Pay point 2

1762.00

46.37

Pay point 3

1792.40

47.17

Pay point 4 and thereafter

1824.50

48.01

Registered nurse—level 4

 

 

Grade 1

1974.80

51.97

Grade 2

2116.30

55.69

Grade 3

2239.80

58.94

Registered nurse—level 5

 

 

Grade 1

1992.70

52.44

Grade 2

2098.60

55.23

Grade 3

2239.80

58.94

Grade 4

2379.40

62.62

Grade 5

2624.30

69.06

Grade 6

2871.40

75.56

(ii)          Minimum entry rate

[15.2(c)(ii) varied by PR762144, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

4 year degree1

1350.70

35.54

Masters degree1

1397.20

36.77

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, PR773919 ppc 01Jul24]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

1st year

1991.00

52.39

2nd year

2050.10

53.95

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.

15.4               Higher duties

[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

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

(i)            the employee’s wages 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.

17.                 Allowances

[Varied by PR740715, PR740883, PR762144, PR762307, PR773919, PR774087]

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               Wage-related allowances

(a)          On-call allowance

[17.2(a)(i) varied by PR740715, PR762144, PR773919 ppc 01Jul24]

(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

26.43

Saturday

39.82

Sunday, public holiday or non-rostered day

46.45

(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

(a)          Clothing and equipment

(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.

(ii)          Uniform allowance

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.

(iii)        Laundry allowance

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

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

·   $1.49 per week,

whichever is the lesser amount.

(iv)        The uniform allowance, but not the laundry allowance, will be paid during all absences on 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.

(b)         Meal allowances

[17.3(b)(i) varied by PR740883, PR762307, PR774087 ppc 01Jul24]

(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 $16.20.

[17.3(b)(ii) varied by PR740883, PR762307, PR774087 ppc 01Jul24]

(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 $14.60 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, PR774087 ppc 01Jul24]

(i)            An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.99 per kilometre.

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

(iii)        The employee will not be entitled to reimbursement for expenses referred to in clause 17.3(c)(ii) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer for these purposes.

18.                 Superannuation

[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.

18.2               Employer contributions

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

18.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

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

(c)          The employer must pay the amount authorised under clauses 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

19.                 Overtime

[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.

(c)          Time off must be taken:

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

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

(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.

(c)          If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, 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. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the 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

(a)          An employee who is required to be on-call and who is recalled to work at the workplace will be paid for a minimum of 3 hours’ work at the appropriate overtime rate.

(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

(a)          An employee who is not required to be on-call and who is recalled to work at the workplace after leaving the employer’s premises will be paid for a minimum of 3 hours’ work at the appropriate overtime rate.

(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.

(d)         Where an employee is recalled within 3 hours of their rostered commencement time, and the employee remains at work, only the time spent in travelling to work will be included with the actual time worked for the purposes of the overtime payment.

(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.                 Shiftwork

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.

20.2               Shiftwork loading

(a)          Where an employee works a rostered afternoon shift between Monday and Friday, the employee will be paid a loading of 12.5% of the minimum hourly rate applicable to their classification and pay point.

(b)         Where an employee works a rostered night shift between Monday and Friday, the employee will be paid a loading of 15% of the minimum hourly rate applicable to their classification and pay point.

(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.                 Saturday and Sunday work

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

22.                 Annual leave

[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.

22.3               Payment for annual leave

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.

22.5               Annual leave loading

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

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

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

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.

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

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.7(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

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

(e)          A direction by the employer under clause 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)).

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

(c)          Clause 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).

22.11           Annual leave in advance

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

(b)         An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 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.

23.                 Ceremonial 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.

26.                 Community service leave

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.

28.                 Public holidays

[Varied by PR743421, PR747351]

28.1               Public holiday entitlements are provided for in the NES.

28.2               Payment for work done on public holidays

(a)          All work done by an employee during their ordinary shifts on a public holiday, including a substituted day, will be paid at:

(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]

(a)          All full-time employees will receive a day’s ordinary pay for public holidays that occur on their rostered day off except where the public holidays fall on Saturday or Sunday with respect to Monday to Friday employees.

[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—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774743 from 01Jul24]

28A. Workplace delegates’ rights

[28A inserted by PR774743 from 01Jul24]

28A.1 Clause 28A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 28A.

28A.2 In clause 28A:

(a)          employer means the employer of the workplace delegate;

(b)         delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and

(c)          eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.

28A.3 Before exercising entitlements under clause 28A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

28A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

28A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:

(a)          consultation about major workplace change;

(b)         consultation about changes to rosters or hours of work;

(c)          resolution of disputes;

(d)         disciplinary processes;

(e)          enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and

(f)           any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

28A.6 Entitlement to reasonable communication

(a)          A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 28A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

(b)         A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

28A.7 Entitlement to reasonable access to the workplace and workplace facilities

(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:

(i)            a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;

(ii)          a physical or electronic noticeboard;

(iii)        electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;

(iv)        a lockable filing cabinet or other secure document storage area; and

(v)          office facilities and equipment including printers, scanners and photocopiers.

(b) The employer is not required to provide access to or use of a workplace facility under clause 28A.7(a) if:

(i)            the workplace does not have the facility;

(ii)          due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or

(iii)        the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

28A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:

(a)          In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.

(b)         The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:

(i)            full-time or part-time employees; or

(ii)          regular casual employees.

(c)          Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.

(d)         The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.

(e)          If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.

(f)           The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.

(g)          The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

28A.9 Exercise of entitlements under clause 28A

(a)          A workplace delegate’s entitlements under clause 28A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(i)            comply with their duties and obligations as an employee;

(ii)          comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(iii)        not hinder, obstruct or prevent the normal performance of work; and

(iv)        not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.

(b)         Clause 28A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c)          Clause 28A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

NOTE: Under section 350A of the Act, the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 28A.

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.

30.2               The employer must consult with any employees affected by the proposed change and their representatives (if any).

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

(b)         invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

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.

31.                 Dispute resolution

[Varied by PR763231, PR777261, PR777996]

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.

31.2               The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

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 and Note 2 inserted by PR763231; deleted by PR777996 from 26Aug24]

[Note inserted by PR777996 from 26Aug24; varied by PR777261 from 27Aug24]

NOTE: In addition to clause 31, the Act contains dispute resolution procedures as follows:

For a dispute about rights under the Act to

Section

Request flexible working arrangements

65B

Change casual employment status

66M

Request an extension to unpaid parental leave

76B

Exercise an employee’s right to disconnect

333N

   

Part 8—Termination of Employment and Redundancy

32.                 Termination of employment

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.

Table 1—Period of notice

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.

32.2               Job search entitlement

(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.

33.                 Redundancy

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 o