2012 Healthcare Practice Awards
Click on the attached links for the relevant Awards
1. The Medical Practitioners Award 2010 effective 21 June 2012
2. The Nurses Award 2010 effective 21 June 2012
3. Health Professionals and Support Staff Award 2010 effective 21 June 2012 Need more assistance? If you are not sure and want answers contact www.healthandlife.com.au by referring to this document, we will provide at no charge a brief telephone assessment at http://bit.ly/ixOZV2 that will give you practical solutions to any of your concerns. Please do not act on any information without consulting your professional adviser. For regular updates on the latest issues affecting your practice enrol in our Free email Best Practice News Alert. For more information call us 1800 077 222 or email David Dahm at [email protected] or visit our website www.healthandlife.com.au. © Health and Life, 2012
MA000031 1
Medical Practitioners Award 2010
The above award was first made on 3 April 2009 [PR986372]
This consolidated version of the award includes variations made on 11 September 2009
[PR988399]; 26 March 2010 [PR994544]; 4 June 2010 [PR997772]; 21 June 2010
[PR997961]; 21 June 2010 [PR998165];6 December 2010 [PR503640]; 20 June 2011
[PR509062]; 21 June 2011 [PR509184]; 18 June 2012 [PR522893]; 19 June 2012
[PR523014]
Applications for Review of award: AM2012/18; AM2012/134; AM2012/221
NOTE: Transitional provisions may apply to certain clauses – see clause 2
Table of Contents
[Varied by PR988399]
Part 1— Application and Operation ...................................................................................... 3
1. Title .............................................................................................................................. 3
2. Commencement and transitional .................................................................................. 3
3. Definitions and interpretation ...................................................................................... 3
4. Coverage ...................................................................................................................... 5
5. Access to the award and the National Employment Standards .................................... 6
6. The National Employment Standards and this award .................................................. 6
7. Award flexibility .......................................................................................................... 6
Part 2— Consultation and Dispute Resolution...................................................................... 7
8. Consultation regarding major workplace change ......................................................... 7
9. Dispute resolution ........................................................................................................ 8
Part 3— Types of Employment and Termination of Employment ..................................... 9
10. Types of employment ................................................................................................... 9
11. Termination of employment ....................................................................................... 10
12. Redundancy ................................................................................................................ 10
Part 4— Minimum Wages and Related Matters ................................................................. 12
13. Classification definitions ............................................................................................ 12
14. Minimum annual salaries ........................................................................................... 12
15. Progression through pay points .................................................................................. 14
16. Allowances ................................................................................................................. 15
Medical Practitioners Award 2010
2 MA000031
17. District allowances ..................................................................................................... 17
18. Accident pay .............................................................................................................. 17
19. Superannuation ........................................................................................................... 18
Part 5— Hours of Work and Related Matters .................................................................... 19
20. Ordinary hours of work .............................................................................................. 19
21. Span of hours ............................................................................................................. 20
22. Rest period between periods of duty—Community Medical Practitioners ............... 20
23. Saturday and Sunday work ........................................................................................ 20
24. Overtime penalty rates ............................................................................................... 20
25. Shiftwork .................................................................................................................... 21
26. Rostering .................................................................................................................... 22
27. Higher duties allowance ............................................................................................. 23
Part 6— Leave and Public Holidays ..................................................................................... 24
28. Annual leave .............................................................................................................. 24
29. Public holidays ........................................................................................................... 24
30. Personal/carer’s leave and compassionate leave ........................................................ 24
31. Community service leave ........................................................................................... 24
Schedule A —Classification Definitions ............................................................................... 25
Medical Practitioners Award 2010
MA000031 3
Part 1—Application and Operation
1. Title
This award is the Medical Practitioners Award 2010.
2. Commencement and transitional
[Varied by PR988399]
2.1 This award commences on 1 January 2010.
2.2 The monetary obligations imposed on employers by this award may be absorbed into
overaward payments. Nothing in this award requires an employer to maintain or
increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of
the award come into effect.
2.4 Neither the making of this award nor the operation of any transitional arrangements
is intended to result in a reduction in the take-home pay of employees covered by the
award. On application by or on behalf of an employee who suffers a reduction in
take-home pay as a result of the making of this award or the operation of any
transitional arrangements, Fair Work Australia may make any order it considers
appropriate to remedy the situation.
2.5 Fair Work Australia may review the transitional arrangements in this award and
make a determination varying the award.
2.6 Fair Work Australia may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity
covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial
interests of one or more employers or employees that are covered by the
modern award; or
(d) in relation to outworker arrangements, on application by an organisation that is
entitled to represent the industrial interests of one or more outworkers to whom
the arrangements relate.
3. Definitions and interpretation
[Varied by PR994544, PR997772, PR503640]
3.1 In this award, unless the contrary intention appears:
Medical Practitioners Award 2010
4 MA000031
[Definition of Act substituted by PR994544 from 01Jan10]
Act means the Fair Work Act 2009 (Cth)
[Definition of agreement-based transitional instrument inserted by PR994544 from 01Jan10]
agreement-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of award-based transitional instrument inserted by PR994544 from 01Jan10]
award-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Commission deleted by PR994544 from 01Jan10]
daily rate means the employee’s minimum annual salary for the class of work
performed divided by 260
[Definition of Division 2B State award inserted by PR503640 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503640 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
doctor in training means an Intern, Resident Medical Practitioner, Registrar or
Senior Registrar
[Definition of employee substituted by PR994544, PR997772 from 01Jan10]
employee means national system employee within the meaning of the Act
[Definition of employer substituted by PR994544, PR997772 from 01Jan10]
employer means national system employer within the meaning of the Act
[Definition of enterprise award deleted by PR994544 from 01Jan10]
[Definition of enterprise award-based instrument inserted by PR994544 from 01Jan10]
enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of enterprise NAPSA deleted by PR994544 from 01Jan10]
medical practitioner means a person who is employed as a medical practitioner in
hospitals, hospices, benevolent homes, day procedure centres, aboriginal health
services, community health centres, the Red Cross Blood Service, the South
Australian Institute of Medical and Veterinary Science, the Victorian Cytology
Service or the Victorian Institute of Forensic Medicine
medical practitioner—non specialist means a Career Medical Practitioner, Senior
Career Medical Practitioner or Community Medical Practitioner
Medical Practitioners Award 2010
MA000031 5
[Definition of NAPSA deleted by PR994544 from 01Jan10]
[Definition of NES substituted by PR994544 from 01Jan10]
NES means the National Employment Standards as contained in sections 59 to 131
of the Fair Work Act 2009 (Cth)
[Definition of on-hire inserted by PR994544 from 01Jan10]
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
senior doctor means a Specialist, Senior Specialist, Principal Specialist, Senior
Principal Specialist, Deputy Director of Medical Services or Director of Medical
Services
standard rate means the annual minimum salary for a Senior Specialist—Pay
point 1 in clause 14.9
[Definition of transitional minimum wage instrument inserted by PR994544 from 01Jan10]
transitional minimum wage instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
weekly rate means the employee’s minimum annual salary for the class of work
performed divided by 52
3.2 Where this award refers to a condition of employment provided for in the NES, the
NES definition applies.
4. Coverage
[Varied by PR994544]
[4.1 varied by PR994544 from 01Jan10]
4.1 This occupational award covers employers of medical practitioners throughout
Australia in the classifications listed in clause 14—Minimum annual salaries to the
exclusion of any other modern award.
4.2 The award does not cover an employee excluded from award coverage by the Act.
[4.3 substituted by PR994544 from 01Jan10]
4.3 The award does not cover 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.
[New 4.4 inserted by PR994544 from 01Jan10]
4.4 The award does not cover 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.
Medical Practitioners Award 2010
6 MA000031
[New 4.5 inserted by PR994544 from 01Jan10]
4.5 This award covers any employer which supplies on-hire employees in classifications
set out in clause 14 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. This subclause operates subject to the exclusions
from coverage in this award.
[4.4 renumbered as 4.6 by PR994544 from 01Jan10]
4.6 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. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all
employees to whom they apply either on a noticeboard which is conveniently located at or
near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees
covered by this award.
7. Award flexibility
7.1 Notwithstanding any other provision of this award, an employer and an individual
employee may agree to vary the application of certain terms of this award to meet the
genuine individual needs of the employer and the individual employee. The terms the
employer and the individual employee may agree to vary the application of are those
concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement
without coercion or duress.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed
in clause 7.1; and
(b) result in the employee being better off overall than the employee would have
been if no individual flexibility agreement had been agreed to.
Medical Practitioners Award 2010
MA000031 7
7.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer
and the individual employee and, if the employee is under 18 years of age, the
employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee
have agreed to vary;
(c) detail how the application of each term has been varied by agreement between
the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off
overall in relation to the individual employee’s terms and conditions of
employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep
the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or
consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to
the employee. Where the employee’s understanding of written English is limited the
employer must take measures, including translation into an appropriate language, to
ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(a) by the employer or the individual employee giving four weeks’ notice of
termination, in writing, to the other party and the agreement ceasing to operate
at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual
employee.
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not
intended to otherwise affect, any provision for an agreement between an employer
and an individual employee contained in any other term of this award.
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
8.1 Employer to notify
(a) Where an employer has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the employer must notify the employees
who may be affected by the proposed changes and their representatives, if any.
Medical Practitioners Award 2010
8 MA000031
(b) Significant effects include termination of employment; major changes in the
composition, operation or size of the employer’s workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations; and the
restructuring of jobs. Provided that where this award makes provision for
alteration of any of these matters an alteration is deemed not to have significant
effect.
8.2 Employer to discuss change
(a) The employer must discuss with the employees affected and their
representatives, if any, the introduction of the changes referred to in clause 8.1,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees and must give
prompt consideration to matters raised by the employees and/or their
representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in clause 8.1.
(c) For the purposes of such discussion, the employer must provide in writing to
the employees concerned and their representatives, if any, all relevant
information about the changes including the nature of the changes proposed,
the expected effects of the changes on employees and any other matters likely
to affect employees provided that no employer is required to disclose
confidential information the disclosure of which would be contrary to the
employer’s interests.
9. Dispute resolution
[Varied by PR994544]
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to
the NES, in the first instance the parties must attempt to resolve the matter at the
workplace by discussions between the employee or employees concerned and the
relevant supervisor. If such discussions do not resolve the dispute, the parties will
endeavour to resolve the dispute in a timely manner by discussions between the
employee or employees concerned and more senior levels of management as
appropriate.
[9.2 varied by PR994544 from 01Jan10]
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES
is unable to be resolved at the workplace, and all appropriate steps under clause 9.1
have been taken, a party to the dispute may refer the dispute to Fair Work Australia.
[9.3 varied by PR994544 from 01Jan10]
9.3 The parties may agree on the process to be utilised by Fair Work Australia including
mediation, conciliation and consent arbitration.
Medical Practitioners Award 2010
MA000031 9
[9.4 varied by PR994544 from 01Jan10]
9.4 Where the matter in dispute remains unresolved, Fair Work Australia may exercise
any method of dispute resolution permitted by the Act that it considers appropriate to
ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to
accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in
accordance with this award and the Act. Subject to applicable occupational health
and safety legislation, an employee must not unreasonably fail to comply with a
direction by the employer to perform work, whether at the same or another
workplace, that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
10. Types of employment
10.1 Employment categories
(a) Employees under this award will be employed in any one of the following
categories:
(i) full-time;
(ii) part-time; or
(iii) casual.
10.2 Full-time employment
A full-time employee is an employee who is engaged to work an average of 38 hours
per week.
10.3 Part-time employment
A part-time employee is an employee who is engaged to work less than the full-time
hours on a reasonably predictable basis. A part-time employee is entitled, on a pro
rata basis, to the equivalent pay and conditions of a full-time employee.
10.4 Casual employment
(a) A casual employee is an employee who is engaged as such and is paid on an
hourly basis.
(b) A casual employee will be paid per hour worked at the rate of 1/38th of the
weekly salary prescribed for the class of work performed. In addition, a loading
of 25% of that rate will be paid.
Medical Practitioners Award 2010
10 MA000031
11. Termination of employment
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that
required of an employer except that there is no requirement on the employee to give
additional notice based on the age of the employee concerned. If an employee fails to
give the required notice the employer may withhold from any monies due to the
employee on termination under this award or the NES, an amount not exceeding the
amount the employee would have been paid under this award in respect of the period
of notice required by this clause less any period of notice actually given by the
employee.
11.3 Job search entitlement
Where an employer has given notice of termination to an employee, an employee
must be allowed up to one day’s time off without loss of pay for the purpose of
seeking other employment. The time off is to be taken at times that are convenient to
the employee after consultation with the employer.
12. Redundancy
[Varied by PR994544, PR503640]
12.1 Redundancy pay is provided for in the NES.
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the
same period of notice must be given as the employee would have been entitled to if
the employment had been terminated and the employer may, at the employer’s
option, make payment instead of an amount equal to the difference between the
former ordinary time rate of pay and the ordinary time rate of pay for the number of
weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is entitled to
receive the benefits and payments they would have received under this clause had
they remained in employment until the expiry of the notice, but is not entitled to
payment instead of notice.
12.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must
be allowed up to one day’s time off without loss of pay during each week of
notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the
notice period for the purpose of seeking other employment, the employee must,
Medical Practitioners Award 2010
MA000031 11
at the request of the employer, produce proof of attendance at an interview or
they will not be entitled to payment for the time absent. For this purpose a
statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.3.
12.5 Transitional provisions – NAPSA employees
[12.5 renamed by PR503640 ppc 01Jan11]
[12.5(a) substituted by PR994544 from 01Jan10]
(a) Subject to clause 12.5(b), an employee whose employment is terminated by an
employer is entitled to redundancy pay in accordance with the terms of a
notional agreement preserving a State award:
(i) that would have applied to the employee immediately prior to 1 January
2010, if the employee had at that time been in their current circumstances
of employment and no agreement-based transitional instrument or
enterprise agreement had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the
employee’s entitlement to redundancy pay, if any, under the NES.
[12.5(b) substituted by PR994544 from 01Jan10]
(b) The employee’s entitlement to redundancy pay under the notional agreement
preserving a State award is limited to the amount of redundancy pay which
exceeds the employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
(d) Clause 12.5 ceases to operate on 31 December 2014.
12.6 Transitional provisions – Division 2B State employees
[12.6 inserted by PR503640 ppc 01Jan11]
(a) Subject to clause 12.6(b), an employee whose employment is terminated by an
employer is entitled to redundancy pay in accordance with the terms of a
Division 2B State award:
(i) that would have applied to the employee immediately prior to 1 January
2011, if the employee had at that time been in their current circumstances
of employment and no Division 2B State employment agreement or
enterprise agreement had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the
employee’s entitlement to redundancy pay, if any, under the NES.
(b) The employee’s entitlement to redundancy pay under the Division 2B State
award is limited to the amount of redundancy pay which exceeds the
employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
Medical Practitioners Award 2010
12 MA000031
(d) Clause 12.6 ceases to operate on 31 December 2014.
Part 4—Minimum Wages and Related Matters
13. Classification definitions
The classification definitions are contained in Schedule A—Classification Definitions.
Employers must advise their employees in writing of their classification upon commencement
and of any subsequent changes to their classification.
14. Minimum annual salaries
[Varied by PR994544, PR997961, PR509062, PR522893]
14.1 Intern minimum annual salary
[14.1 varied by PR997961, PR509062, PR522893 ppc 01Jul12]
An Intern will be paid $41,912 per annum.
14.2 Resident Medical Practitioner
[14.2 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 44,496
Pay point 2 46,289
Pay point 3 46,739
14.3 Registrar
[14.3 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 50,630
Pay point 2 52,705
Pay point 3 55,109
Pay point 4 56,792
14.4 Senior Registrar
[14.4 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 66,165
Pay point 2 68,775
Medical Practitioners Award 2010
MA000031 13
14.5 Career Medical Practitioner
[14.5 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 66,845
Pay point 2 69,326
Pay point 3 70,702
Pay point 4 73,301
14.6 Senior Career Medical Practitioner
[14.6 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 75,615
Pay point 2 78,020
Pay point 3 80,640
Pay point 4 83,093
14.7 Community Medical Practitioner
[14.7 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 66,831
Pay point 2 69,274
Pay point 3 71,511
Pay point 4 73,299
Pay point 5 75,603
Pay point 6 77,989
Pay point 7 80,600
Pay point 8 83,041
14.8 Specialist annual minimum salary
[14.7 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
A Specialist will be paid $76,676 per annum.
14.9 Senior Specialist
[14.9 varied by PR994544, PR997961, PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Medical Practitioners Award 2010
14 MA000031
Pay points Per annum
$
Pay point 1 81,987
Pay point 2 84,803
Pay point 3 87,705
Pay point 4 93,921
Pay point 5 95,255
14.10 Principal Specialist annual minimum salary
[14.10 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
A Principal Specialist will be paid $97,197 per annum.
14.11 Senior Principal Specialist annual minimum salary
[14.11 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
A Senior Principal Specialist will be paid $100,638 per annum.
14.12 Deputy Director of Medical Services
[14.12 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 67,720
Pay point 2 74,270
Pay point 3 81,987
Pay point 4 90,757
14.13 Director of Medical Services
[14.12 substituted by PR997961; varied by PR509062, PR522893 ppc 01Jul12]
Pay points Per annum
$
Pay point 1 76,657
Pay point 2 84,763
Pay point 3 97,197
Pay point 4 105,136
15. Progression through pay points
Progression for all classifications for which there is more than one pay point will be by annual
movement to the next pay point having regard to the acquisition and use of skills, or in the
case of a part-time or casual employee, 1824 hours of similar experience.
Medical Practitioners Award 2010
MA000031 15
16. Allowances
[Varied by PR994544, PR998165, PR509184, PR523014]
16.1 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.
[16.1(b) varied by PR994544 from 01Jan10]
(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
Vehicle allowance Private motoring sub-group
Board and lodging Domestic holiday travel and accommodation sub-group
Meal allowance Take away and fast foods sub-group
16.2 Deduction for board and lodging
[16.2 varied by PR998165, PR523014 ppc 01Jul12]
Where the employer provides board and lodging, the annual minimum salaries
prescribed in this award will be reduced by $53.99 per week.
16.3 Managerial allowance per annum for Senior Doctors only
Levels % of standard rate
Level 1 5.56
Level 2 13.02
Level 3 20.50
(a) To be eligible for payment of this allowance, the additional management
responsibilities will include direct line responsibility for a unit, department or
service and involvement in a number of, but not necessarily all of the
following:
cost centre management including budget preparation and management of
allocated budget;
participation in planning and policy development;
responsibility for the co-ordination of research, training or teaching
programs; or
membership and participation in senior executive management teams.
(b) A Level 1 allowance is payable to Senior Doctors who satisfy the criteria in
clause 16.3(a) and who are specifically required by the employer to undertake
these additional managerial responsibilities. It is expected that a Senior Doctor
Medical Practitioners Award 2010
16 MA000031
receiving a Level 1 allowance will as a minimum perform human resource
management responsibilities which include the direct supervision of staff,
allocation of duties, approval of staff rosters, monitoring of hours worked and
other performance management matters. It is also expected that a Senior
Doctor receiving a Level 1 allowance will be responsible for ensuring that
quality improvement and clinical governance activities are implemented.
(c) A Level 2 allowance is payable to those Senior Doctors satisfying the criteria
in clauses 16.3(a) and (b) who, in the assessment of the employer, have
significant additional managerial responsibilities involving multiple units,
services or departments.
(d) A Level 3 allowance is payable to those Senior Doctors who, in addition to
satisfying the criteria in clause 16.3(b), have a level of managerial
responsibility deemed by the employer to require an allowance at the Level 3
rate. It is recognised that managerial responsibilities at this level may not
involve the duties at a department or unit level outlined in clause 16.3(b).
16.4 Meal allowance
[16.4 varied by PR998165, PR509184, PR523014 ppc 01Jul12]
When an employee is rostered to work in excess of 10 continuous hours, the
employee will be supplied with an adequate meal free of charge or will be paid
$11.37 as a meal allowance. Provided that where the continuous period exceeds
15 hours, a further meal free of charge will be supplied or a further $11.37 as a meal
allowance.
16.5 Telephone allowance
Where the employer requires an employee to install and/or maintain a telephone for
the purpose of being on call, the employer will refund the installation costs and the
subsequent rental charges on production of receipted account(s).
16.6 Travelling, transport and fares
[16.6(a) varied by PR523014 ppc 01Jul12]
(a) 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 $0.75 per
kilometre.
(b) When an employee is involved in travelling on duty, if the employer cannot
provide the appropriate transport, all reasonably incurred expenses in respect to
fares, meals and accommodation will be met by the employer on production of
receipted account(s) or other evidence acceptable to the employer.
(c) Provided further that the employee will not be entitled to reimbursement for
expenses referred to in clause 16.6(b), which exceed the mode of transport,
meals or the standard of accommodation agreed with the employer, for these
purposes.
Medical Practitioners Award 2010
MA000031 17
17. District allowances
[Varied by PR994544]
17.1 Northern Territory
An employee in the Northern Territory is entitled to payment of a district allowance
in accordance with the terms of an award made under the Workplace Relations Act
1996 (Cth):
[17.1(a) substituted by PR994544 from 01Jan10]
(a) that would have applied to the employee immediately prior to 1 January 2010,
if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument or enterprise
agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
17.2 Western Australia
[17.2 substituted by PR994544 from 01Jan10]
An employee in Western Australia is entitled to payment of a district allowance in
accordance with the terms of a notional agreement preserving a State award or an
award made under the Workplace Relations Act 1996 (Cth):
(a) that would have applied to the employee immediately prior to 1 January 2010,
if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument or enterprise
agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
17.3 This clause ceases to operate on 31 December 2014.
18. Accident pay
[Varied by PR994544, PR503640]
[18.1 varied by PR994544; substituted by PR503640 ppc 01Jan11]
18.1 Subject to clause 18.2, an employee is entitled to accident pay in accordance with the
terms of an award made under the Workplace Relations Act 1996 (Cth) that would
have applied to the employee immediately prior to 27 March 2006, a notional
agreement preserving a State award that would have applied to the employee
immediately prior to 1 January 2010 or a Division 2B State award that would have
applied to the employee immediately prior to 1 January 2011:
(a) if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument, enterprise
agreement or Division 2B State employment agreement had applied to the
employee; and
(b) that would have entitled the employee to accident pay in excess of the
employee’s entitlement to accident pay, if any, under any other instrument.
Medical Practitioners Award 2010
18 MA000031
[18.2 substituted by PR994544, PR503640 ppc 01Jan11]
18.2 The employee’s entitlement to accident pay under the award, the notional agreement
preserving a State award or the Division 2B State award is limited to the amount of
accident pay which exceeds the employee’s entitlement to accident pay, if any, under
any other instrument.
18.3 This clause does not operate to diminish an employee’s entitlement to accident pay
under any other instrument.
18.4 This clause ceases to operate on 31 December 2014.
19. Superannuation
[Varied by PR994544]
19.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act
1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the
superannuation rights and obligations of employers and employees. Under
superannuation legislation individual employees generally have the opportunity
to choose their own superannuation fund. If an employee does not choose a
superannuation fund, any superannuation fund nominated in the award
covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation
legislation.
19.2 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.
19.3 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 19.2.
(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 19.3(a) or (b) no
later than 28 days after the end of the month in which the deduction authorised
under clauses 19.3(a) or (b) was made.
Medical Practitioners Award 2010
MA000031 19
19.4 Superannuation fund
[19.4 varied by PR994544 from 01Jan10]
Unless, to comply with superannuation legislation, the employer is required to make
the superannuation contributions provided for in clause 19.2 to another
superannuation fund that is chosen by the employee, the employer must make the
superannuation contributions provided for in clause 19.2 and pay the amount
authorised under clauses 19.3(a) or (b) to one of the following superannuation funds
or its successor:
(a) Health Super Fund; or
(b) 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.
Part 5—Hours of Work and Related Matters
20. Ordinary hours of work
20.1 The ordinary hours of work for an employee will be an average of 38 hours per week
and may be worked by agreement between the employer and employee in one of the
following ways:
(a) over five days per week or over 19 days per four week period;
(b) over 40 hours in any period of seven consecutive days or 80 hours in any
period of 14 consecutive days; or
(c) 38 hours per week or 10 sessions per week over five days per week or, as
agreed between the employee and the employer, averaged over four days per
week or a longer roster period.
20.2 Senior Career Medical Practitioners, Career Medical Practitioners and Doctors
in training
The following provisions apply to these classifications:
(a) These medical practitioners will be free from ordinary hours of duty for not
less than two days in each week or where this is not practicable, four days in
each fortnight. Where practicable, the days off will be consecutive.
(b) Additional rostered days off will be granted to the extent of one day per
calendar month which may accumulate to a maximum of 12 days and which
will be granted for periods ranging from one day to two weeks.
(c) Upon termination of employment, any untaken rostered leave will be paid at
the medical practitioner’s ordinary time rate.
Medical Practitioners Award 2010
20 MA000031
21. Span of hours
21.1 The span of hours for full-time day work Medical Practitioners except Senior
Doctors is 6.00 am to 6.00 pm Monday to Friday.
21.2 The span of hours for Senior Doctors is between 7.00 am and 6.00 pm Monday to
Friday. Where normal duties are averaged over a roster period longer than one week,
as provided for in clause 20.1, normal duties may be worked between Monday and
Friday inclusive.
22. Rest period between periods of duty—Community Medical
Practitioners
Community Medical Practitioners will be allowed eight hours off duty between successive
periods of duty.
23. Saturday and Sunday work
Payment for all ordinary work performed between midnight Friday and midnight Sunday will
be paid at the rate of time and a half.
24. Overtime penalty rates
[Varied by PR994544]
24.1 Overtime rates
(a) For all Medical Practitioners, except Senior Doctors, hours worked in excess of
38 per week will be deemed overtime. Such hours between Monday and
Saturday will be paid at the rate of time and a half for the first two hours and
double time thereafter.
(b) Overtime worked on a Sunday will be paid at the rate of double time.
(c) Overtime worked on a public holiday will be paid at the rate of double time
and a half.
(d) A Doctor in training may elect, with the consent of the employer, to take time
off instead of payment for overtime. Such time off instead will be taken at a
mutually agreed time within four weeks of accrual and calculated on the basis
of hour for hour worked. If time off instead is not taken with four weeks of
accrual, it is to be paid out in accordance with clauses 24.1(a) to (c).
24.2 On call
(a) Medical Practitioners, except for Senior Doctors, required by the employer to
be on call will be paid an allowance equal to 10% of their daily rate for each
day on call.
(b) Senior Doctors will be available for reasonable on call and recall duties.
Wherever practicable, on call rosters should align with rostered normal duties.
Medical Practitioners Award 2010
MA000031 21
(c) Senior Doctors will remain on duty when patient needs require,
notwithstanding the occurrence of normal meal breaks, conferences or the
expiration of their normal hours and will be paid an allowance of 10% of their
annual base salary. This allowance will be regarded as part of salary for all
purposes, including leave entitlements and superannuation.
24.3 Recall
When a Medical Practitioner is recalled for duty, they will be paid an amount equal
to 1/38th of their weekly rate as payment for travelling time. In addition, payment for
the time worked will be made at the rate of time and a half on weekdays and double
time on weekends and public holidays with a minimum payment of three hours.
24.4 Sleepover arrangement—Doctors in training
Where the employer requires a Doctor in training to sleepover, the following
provisions will apply:
[24.4(a) varied by PR994544 from 01Jan10]
(a) the employees will be entitled to an amount of 0.08% of the standard rate for
each sleepover period. Payment will be deemed to provide compensation for
the sleepover and also include compensation for all work necessarily
undertaken by an employee up to a total of one hour duration;
(b) any work performed by the Doctor in training in excess of one hour during
their sleepover will attract the appropriate overtime payment as specified in
clause 24.1; and
(c) if, during the course of the sleepover, the Doctor in training is called to active
duty more than five times, the entire period of the sleepover will be paid as
active duty at the appropriate rate instead of the payment prescribed in
clause 24.4(a) above.
25. Shiftwork
25.1 A shiftworker is an employee who is regularly rostered to work their ordinary hours
outside the ordinary hours of work of a day worker as defined in clause 21.1.
25.2 Payment of shift penalties
(a) Doctors in training
(i) A Doctor in training whose rostered hours of ordinary duty commence or
end between the hours of 9.00 pm and 6.00 am will be paid an additional
2.5% of the weekly rate for each such occasion in addition to payment
for the hours worked.
(ii) For the purpose of this clause, the pay for the calculations will be based
on the rate for first year of experience of each respective classification.
(b) Career Medical Practitioners and Senior Career Medical Practitioners
For ordinary hours worked between the following times, payment will be made
at ordinary time plus the appropriate penalty:
Medical Practitioners Award 2010
22 MA000031
(i) between 6.00 pm and midnight Monday to Friday—12.5%;
(ii) between midnight and 8.00 am, midnight Sunday to midnight Friday—
25%;
(iii) between midnight Friday and midnight Saturday—50%; or
(iv) between midnight Saturday and midnight Sunday—75%.
(c) Senior Doctors
For ordinary hours worked between the following times, payment will be made
at ordinary time plus the appropriate penalty:
(i) between 6.00 pm and midnight Monday to Friday—12.5%;
(ii) between 7.00 am and midnight Saturday—50%;
(iii) between 7.00 am and midnight Sunday—75%; or
(iv) all hours worked on public holidays—150%.
(d) Community Medical Practitioners
For ordinary hours worked between the following times payment will be made
at ordinary time plus the appropriate penalty:
(i) for any shift starting between 5.00 am and before 6.30 am and or
finishing between 6.00 pm and before midnight—2.5%;
(ii) for any shift or part of a shift which is rostered between midnight and
5.00 am—4%; or
(iii) for shifts permanently worked within the times set out in
clause 25.2(d)(ii); permanently worked means any period in excess of
four consecutive weeks—5%.
(e) Where duty performed attracts more than one penalty, only the higher penalty
will apply. For the purposes of this clause, the term penalty will include
overtime.
25.3 Shift length—Doctors in training
(a) No shift will be less than eight hours in length on a week day or less than four
hours in length on Saturday, Sunday or a public holiday.
(b) No broken or split shifts will be worked.
(c) All time worked in excess of 10 hours in any one shift will be paid as overtime.
26. Rostering
26.1 Doctors in training
(a) Doctors in training will be given at least two weeks’ notice of rosters to be
worked in relation to ordinary hours. Where practicable, this will include
additional (overtime) rostered hours, provided that the employer may change
Medical Practitioners Award 2010
MA000031 23
the rosters without notice to meet any emergency situation. This clause will not
apply to additional roster leave granted by the employer.
(b) Time worked does not include breaks allowed and actually taken for meals.
(c) Time worked means the time when the Doctor in training is required by the
employer to be in attendance.
26.2 Senior Doctors
(a) Development of rosters
The employer, when developing rosters, will ensure that:
(i) Senior Doctors will be consulted and regard will be given to any family,
carer or other personal and professional concerns and responsibilities
identified by the Senior Doctor to ensure, where practicable, that the
Senior Doctor is not adversely affected and that alternative arrangements
can be made if possible (e.g. change of childcare or outside practice
arrangements);
(ii) Rosters will identify the general nature of the work to be performed on
each shift (clinical/direct patient care, administrative, teaching, research
or quality improvement) and the facility at which the shift is to be
worked; and
(iii) Wherever practicable, the usual pattern of normal duties will be
consistent from one roster period to the next.
(b) Notice of changes
(i) Wherever possible, the following notice periods will apply to changes to
the normal duties roster:
three months’ notice of an ongoing change; or
one month’s notice of short-term change (e.g. to cover a planned
absence or one-off event).
(ii) These provisions do not prevent the employer from varying the roster of
normal duties at short notice in an emergency, in response to an
unplanned event or to cover an unplanned absence.
(iii) Shifts are to be shared equally amongst the Senior Doctors unless
otherwise agreed.
27. Higher duties allowance
Where an employee temporarily occupies a position in a higher classification for a
period of more than three days, that employee must be paid not less than the
difference between the salary of the employee temporarily filling the position and the
minimum salary attaching to the position they are temporarily occupying, including
any relevant managerial allowance.
Medical Practitioners Award 2010
24 MA000031
Part 6—Leave and Public Holidays
28. Annual leave
Annual leave is provided for in the NES. This clause contains additional provisions.
28.1 Quantum of leave
A Medical Practitioner required to work shifts including weekends is entitled to an
additional week’s annual leave.
28.2 Public holidays falling during annual leave
An additional day will be added to a Medical Practitioner’s annual leave entitlement
for any public holiday which falls during the period of annual leave.
28.3 Annual leave loading
(a) At the time of taking leave, a Medical Practitioner will be paid a loading of
17.5% of the weekly wage based on a maximum of four weeks’ annual leave.
(b) A shiftworker, in addition to their ordinary pay, will be paid the higher of the
annual leave loading or the weekend and shift penalties the employee would
have received had they not been on leave during the relevant period.
29. Public holidays
Public holidays are provided for in the NES. This clause contains additional provisions.
29.1 Payment for working on a public holiday
(a) A Medical Practitioner who is required to work on a public holiday will receive
one of the following:
(i) payment at the rate of double time and a half;
(ii) payment at the rate of time and a half, and one day will be added to their
annual leave entitlement; or
(iii) payment at the rate of ordinary time, and one and a half days will be
added to their annual leave entitlement or taken at another time, by
agreement between the employer and employee.
30. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
31. Community service leave
Community service leave is provided for in the NES.
Medical Practitioners Award 2010
MA000031 25
Schedule A—Classification Definitions
A.1 Intern is a medical practitioner in the first postgraduate year of clinical experience.
A.2 Resident Medical Practitioner is a medical practitioner in the second or any
subsequent post-graduate year of clinical experience. An RMP must complete
12 months of clinical experience to advance to the next pay point.
A.3 Registrar is a medical practitioner admitted to an Australian Medical Council
accredited vocational training program leading to a fellowship of a Medical College
including those of General Practice and Rural and Remote Medicine.
A.4 Senior Registrar is a medical practitioner who has successfully completed
examinational requirements for appointment as a Fellow of an Australian or
Australasian Specialists College and is awaiting granting of the fellowship.
A.5 Career Medical Practitioner is a medical practitioner with not less than four
completed years of post-graduate clinical experience who is appointed as such.
A.6 Senior Career Medical Practitioner is a medical practitioner not enrolled in a
vocational training program, who has 10 or more years of clinical experience or who
has sufficient experience to satisfy the employer.
A.7 Community Medical Practitioner is a medical practitioner who has completed not
less than four years of post-graduate experience who is employed to practise in
community health centres or in general medical practice.
A.8 Specialist is a medical practitioner who has successfully completed a recognised
specialist training program, and has been admitted as a fellow of the relevant college,
provided that a practitioner may be appointed a Specialist if the practitioner has had
sufficient experience in the specialty to satisfy the employer.
A.9 Senior Specialist means a medical practitioner who possesses a higher qualification
appropriate to the specialty in which they are employed and has had not less than
three years practical experience in the relevant specialty.
A.10 Principal Specialist means a medical practitioner who possesses a higher
qualification appropriate to the specialty in which they are employed and has had not
less than eight years practical experience in that specialty after obtaining the highest
qualification. Notwithstanding an officer not having such years of experience, an
officer may be appointed as a Principal Specialist if they have had sufficient
experience in their specialty to satisfy the employer.
A.11 Senior Principal Specialist means a medical practitioner appointed as a head of a
department or section in a Teaching Hospital who meets all requirements specified
for employment as a Principal Specialist.
A.12 Deputy Director of Medical Services means a medical practitioner appointed as
deputy to a Director of Medical Services.
Medical Practitioners Award 2010
26 MA000031
A.13 Director of Medical Services means a medical practitioner appointed as the Director
of Medical Services (however styled) of a hospital or other organisation, provided
that a Director of Medical Services will require a higher qualification appropriate to
the specialty of medical administration, or will be able to satisfy the employer that
the medical practitioner has sufficient experience in the specialty.
MA000034 1
Nurses Award 2010
The above award was first made on 3 April 2009 [PR986375]
This consolidated version of the award includes variations made on 11 September 2009
[PR988400]; 15 December 2009 [PR990528]; 23 March 2010 [PR995202]; 31 March 2010
[PR994468]; 22 April 2010 [PR996442]; 4 June 2010 [PR997772]; 21 June 2010
[PR998166]; 21 June 2010 [PR997958]; 6 December 2010 [PR503643]; 9 March 2011
[PR507190]; 20 June 2011 [PR509065]; 21 June 2011 [PR509187]; 18 June 2012
[PR522896]; 19 June 2012 [PR523017]
Applications for Review of award: AM2012/18; AM2012/54; AM2012/63; AM2012/88;
AM2012/132; AM2012/134; AM2012/169; AM2012/221
NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A
To determine the transitional amount or loading, go to the version of this modern award in
operation prior to 1 July 2010 which does not include:
(a) variations to minimum wages resulting from the Annual Wage Review 2009-10; or
(b) variations in expense related allowances operative from 1 July 2010.
Table of Contents
[Varied by PR988400]
Part 1—Application and Operation ....................................................................................... 3
1. Title .............................................................................................................................. 3
2. Commencement and transitional .................................................................................. 3
3. Definitions and interpretation ...................................................................................... 4
4. Coverage ...................................................................................................................... 5
5. Access to the award and the National Employment Standards .................................... 6
6. The National Employment Standards and this award .................................................. 6
7. Award flexibility .......................................................................................................... 6
Part 2—Consultation and Dispute Resolution....................................................................... 8
8. Consultation regarding major workplace change ......................................................... 8
9. Dispute resolution ........................................................................................................ 8
Part 3—Types of Employment and Termination of Employment ...................................... 9
10. Types of employment ................................................................................................... 9
11. Termination of employment ....................................................................................... 10
12. Redundancy ................................................................................................................ 11
Nurses Award 2010
2 MA000034
Part 4—Minimum Wages and Related Matters .................................................................. 12
13. Classifications ............................................................................................................ 12
14. Minimum weekly wages ............................................................................................ 13
15. Progression through pay points .................................................................................. 15
16. Allowances ................................................................................................................. 16
17. District allowances ..................................................................................................... 18
18. Payment of wages ...................................................................................................... 18
19. Accident pay .............................................................................................................. 19
20. Superannuation ........................................................................................................... 19
Part 5—Hours of Work and Related Matters ..................................................................... 21
21. Ordinary hours of work .............................................................................................. 21
22. Span of hours ............................................................................................................. 21
23. Rest breaks between rostered work ............................................................................ 21
24. Accumulation and taking of accrued days off (ADOs) .............................................. 21
25. Rostering .................................................................................................................... 22
26. Saturday and Sunday work ........................................................................................ 22
27. Breaks ......................................................................................................................... 22
28. Overtime ..................................................................................................................... 23
29. Shiftwork .................................................................................................................... 24
30. Higher duties .............................................................................................................. 25
Part 6—Leave and Public Holidays ...................................................................................... 25
31. Annual leave .............................................................................................................. 25
32. Public holidays ........................................................................................................... 26
33. Ceremonial leave ........................................................................................................ 27
34. Personal/carer’s leave and compassionate leave ........................................................ 27
35. Community service leave ........................................................................................... 27
Schedule A—Transitional Provisions ................................................................................... 28
Schedule B—Classification Definitions ................................................................................ 34
Nurses Award 2010
MA000034 3
Part 1—Application and Operation
1. Title
This award is the Nurses Award 2010.
2. Commencement and transitional
[Varied by PR988400]
2.1 This award commences on 1 January 2010.
2.2 The monetary obligations imposed on employers by this award may be absorbed into
overaward payments. Nothing in this award requires an employer to maintain or
increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of
the award come into effect. Some of the transitional arrangements are in clauses in
the main part of the award. There are also transitional arrangements in Schedule A.
The arrangements in Schedule A deal with:
minimum wages and piecework rates
casual or part-time loadings
Saturday, Sunday, public holiday, evening or other penalties
shift allowances/penalties.
2.4 Neither the making of this award nor the operation of any transitional arrangements
is intended to result in a reduction in the take-home pay of employees covered by the
award. On application by or on behalf of an employee who suffers a reduction in
take-home pay as a result of the making of this award or the operation of any
transitional arrangements, Fair Work Australia may make any order it considers
appropriate to remedy the situation.
2.5 Fair Work Australia may review the transitional arrangements in this award and
make a determination varying the award.
2.6 Fair Work Australia may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity
covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial
interests of one or more employers or employees that are covered by the
modern award; or
Nurses Award 2010
4 MA000034
(d) in relation to outworker arrangements, on application by an organisation that is
entitled to represent the industrial interests of one or more outworkers to whom
the arrangements relate.
3. Definitions and interpretation
[Varied by PR994468, PR997772, PR503643]
3.1 In this award, unless the contrary intention appears:
[Definition of Act substituted by PR994468 from 01Jan10]
Act means the Fair Work Act 2009 (Cth)
[Definition of agreement-based transitional instrument inserted by PR994468 from 01Jan10]
agreement-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of award-based transitional instrument inserted by PR994468 from 01Jan10]
award-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Commission deleted by PR994468 from 01Jan10]
[Definition of Division 2B State award inserted by PR503643 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503643 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of employee substituted by PR994468, PR997772 from 01Jan10]
employee means national system employee within the meaning of the Act
[Definition of employer substituted by PR994468, PR997772 from 01Jan10]
employer means national system employer within the meaning of the Act
[Definition of enterprise award deleted by PR994468 from 01Jan10]
[Definition of enterprise award-based instrument inserted by PR994468 from 01Jan10]
enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of enterprise NAPSA deleted by PR994468 from 01Jan10]
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
Nurses Award 2010
MA000034 5
[Definition of NAPSA deleted by PR994468 from 01Jan10]
[Definition of NES substituted by PR994468 from 01Jan10]
NES means the National Employment Standards as contained in sections 59 to 131
of the Fair Work Act 2009 (Cth)
[Definition of on-hire inserted by PR994468 from 01Jan10]
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
standard rate means the minimum wage for a Registered nurse—level 1 pay point 1
in clause 14.3
[Definition of transitional minimum wage instrument inserted by PR994468 from 01Jan10]
transitional minimum wage instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
3.2 Where this award refers to a condition of employment provided for in the NES, the
NES definition applies.
4. Coverage
[Varied by PR988400, PR994468, PR507190]
4.1 This occupational award covers:
(a) employers throughout Australia in the health industry and their employees in
the classifications listed in Schedule B—Classification Definitions to the
exclusion of any other modern award; and
[4.1(b) substituted by PR507190 ppc 01Jan10]
(b) employers who employ a nurse/midwife, principally engaged in
nursing/midwifery duties comprehended by the classifications listed in
Schedule B—Classification Definitions.
4.2 The award does not cover employers who employ nurses in primary or secondary
schools.
4.3 The award does not cover an employee excluded from award coverage by the Act.
[4.4 substituted by PR994468 from 01Jan10]
4.4 The award does not cover 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.
[New 4.5 inserted by PR994468 from 01Jan10]
4.5 The award does not cover employees who are covered by a State reference public
sector modern award, or a State reference public sector transitional award (within the
Nurses Award 2010
6 MA000034
meaning of the Fair Work (Transitional Provisions and Consequential Amendments)
Act 2009 (Cth)), or employers in relation to those employees.
[New 4.6 inserted by PR994468 from 01Jan10]
4.6 This award covers any employer which supplies on-hire employees in classifications
set out in Schedule B 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. This subclause operates subject to the exclusions
from coverage in this award.
[4.5 renumbered as 4.7 by PR994468 from 01Jan10; deleted by PR507190 ppc 01Jan10]
[4.6 renumbered as 4.8 by PR994468, as 4.7 by PR507190 ppc 01Jan10]
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. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all
employees to whom they apply either on a noticeboard which is conveniently located at or
near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees
covered by this award.
7. Award flexibility
7.1 Notwithstanding any other provision of this award, an employer and an individual
employee may agree to vary the application of certain terms of this award to meet the
genuine individual needs of the employer and the individual employee. The terms the
employer and the individual employee may agree to vary the application of are those
concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement
without coercion or duress.
7.3 The agreement between the employer and the individual employee must:
Nurses Award 2010
MA000034 7
(a) be confined to a variation in the application of one or more of the terms listed
in clause 7.1; and
(b) result in the employee being better off overall than the employee would have
been if no individual flexibility agreement had been agreed to.
7.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer
and the individual employee and, if the employee is under 18 years of age, the
employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee
have agreed to vary;
(c) detail how the application of each term has been varied by agreement between
the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off
overall in relation to the individual employee’s terms and conditions of
employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep
the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or
consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to
the employee. Where the employee’s understanding of written English is limited the
employer must take measures, including translation into an appropriate language, to
ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(a) by the employer or the individual employee giving four weeks’ notice of
termination, in writing, to the other party and the agreement ceasing to operate
at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual
employee.
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not
intended to otherwise affect, any provision for an agreement between an employer
and an individual employee contained in any other term of this award.
Nurses Award 2010
8 MA000034
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
8.1 Employer to notify
(a) Where an employer has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the employer must notify the employees
who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment; major changes in the
composition, operation or size of the employer’s workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations; and the
restructuring of jobs. Provided that where this award makes provision for
alteration of any of these matters an alteration is deemed not to have significant
effect.
8.2 Employer to discuss change
(a) The employer must discuss with the employees affected and their
representatives, if any, the introduction of the changes referred to in clause 8.1
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees and must give
prompt consideration to matters raised by the employees and/or their
representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in clause 8.1.
(c) For the purposes of such discussion, the employer must provide in writing to
the employees concerned and their representatives, if any, all relevant
information about the changes including the nature of the changes proposed,
the expected effects of the changes on employees and any other matters likely
to affect employees provided that no employer is required to disclose
confidential information the disclosure of which would be contrary to the
employer’s interests.
9. Dispute resolution
[Varied by PR994468]
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to
the NES, in the first instance the parties must attempt to resolve the matter at the
workplace by discussions between the employee or employees concerned and the
relevant supervisor. If such discussions do not resolve the dispute, the parties will
endeavour to resolve the dispute in a timely manner by discussions between the
employee or employees concerned and more senior levels of management as
appropriate.
Nurses Award 2010
MA000034 9
[9.2 varied by PR994468 from 01Jan10]
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES
is unable to be resolved at the workplace, and all appropriate steps under clause 9.1
have been taken, a party to the dispute may refer the dispute to Fair Work Australia.
[9.3 varied by PR994468 from 01Jan10]
9.3 The parties may agree on the process to be utilised by Fair Work Australia including
mediation, conciliation and consent arbitration.
[9.4 varied by PR994468 from 01Jan10]
9.4 Where the matter in dispute remains unresolved, Fair Work Australia may exercise
any method of dispute resolution permitted by the Act that it considers appropriate to
ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to
accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in
accordance with this award and the Act. Subject to applicable occupational health
and safety legislation, an employee must not unreasonably fail to comply with a
direction by the employer to perform work, whether at the same or another
workplace, that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
10. Types of employment
10.1 Employment categories
Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
At the time of engagement an employer will inform each employee whether they are
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.
10.2 Full-time employment
A full-time employee is one who is engaged to work 38 hours per week or an
average of 38 hours per week pursuant to clause 21.1 of this award.
Nurses Award 2010
10 MA000034
10.3 Part-time employment
(a) A part-time employee is an employee who is engaged to work less than an
average of 38 ordinary hours per week and whose hours of work are reasonably
predictable.
(b) Before commencing part-time employment, the employer and employee will
agree in writing the guaranteed minimum number of hours to be worked and
the rostering arrangements which will apply to those hours.
(c) The terms of the agreement may be varied by agreement and recorded in
writing.
(d) 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.
10.4 Casual employment
(a) A casual employee is an employee engaged as such on an hourly basis.
(b) A casual employee will be paid an hourly rate equal to 1/38th of the weekly
rate appropriate to the employee’s classification plus a casual loading of 25%.
(c) A casual employee will be paid a minimum of two hours pay for each
engagement.
(d) A casual employee will be paid shift allowances calculated on the ordinary rate
of pay excluding the casual loading with the casual loading component then
added to the penalty rate of pay.
11. Termination of employment
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that
required of an employer except that there is no requirement on the employee to give
additional notice based on the age of the employee concerned. If an employee fails to
give the required notice the employer may withhold from any monies due to the
employee on termination under this award or the NES, an amount not exceeding the
amount the employee would have been paid under this award in respect of the period
of notice required by this clause less any period of notice actually given by the
employee.
11.3 Job search entitlement
Where an employer has given notice of termination to an employee, an employee
must be allowed up to one day’s time off without loss of pay for the purpose of
seeking other employment. The time off is to be taken at times that are convenient to
the employee after consultation with the employer.
Nurses Award 2010
MA000034 11
12. Redundancy
[Varied by PR994468, PR503643]
12.1 Redundancy pay is provided for in the NES.
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the
same period of notice must be given as the employee would have been entitled to if
the employment had been terminated and the employer may, at the employer’s
option, make payment instead of an amount equal to the difference between the
former ordinary time rate of pay and the ordinary time rate of pay for the number of
weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is entitled to
receive the benefits and payments they would have received under this clause had
they remained in employment until the expiry of the notice, but is not entitled to
payment instead of notice.
12.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must
be allowed up to one day’s time off without loss of pay during each week of
notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the
notice period for the purpose of seeking other employment, the employee must,
at the request of the employer, produce proof of attendance at an interview or
they will not be entitled to payment for the time absent. For this purpose a
statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.3.
12.5 Transitional provisions – NAPSA employees
[12.5 substituted by PR994468 from 01Jan10; renamed by PR503643 ppc 01Jan11]
(a) Subject to clause 12.5(b), an employee whose employment is terminated by an
employer is entitled to redundancy pay in accordance with the terms of a
notional agreement preserving a State award:
(i) that would have applied to the employee immediately prior to 1 January
2010, if the employee had at that time been in their current circumstances
of employment and no agreement-based transitional instrument or
enterprise agreement had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the
employee’s entitlement to redundancy pay, if any, under the NES.
Nurses Award 2010
12 MA000034
(b) The employee’s entitlement to redundancy pay under the notional agreement
preserving a State award is limited to the amount of redundancy pay which
exceeds the employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
(d) Clause 12.5 ceases to operate on 31 December 2014.
12.6 Transitional provisions – Division 2B State employees
[12.6 inserted by PR503643 ppc 01Jan11]
(a) Subject to clause 12.6(b), an employee whose employment is terminated by an
employer is entitled to redundancy pay in accordance with the terms of a
Division 2B State award:
(i) that would have applied to the employee immediately prior to 1 January
2011, if the employee had at that time been in their current circumstances
of employment and no Division 2B State employment agreement or
enterprise agreement had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the
employee’s entitlement to redundancy pay, if any, under the NES.
(b) The employee’s entitlement to redundancy pay under the Division 2B State
award is limited to the amount of redundancy pay which exceeds the
employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
(d) Clause 12.6 ceases to operate on 31 December 2014.
Part 4—Minimum Wages and Related Matters
13. Classifications
[Varied by PR988400]
Classification definitions are set out in Schedule B—Classification Definitions. Employers
must advise their employees in writing of their classification upon commencement and of any
subsequent changes to their classification.
Nurses Award 2010
MA000034 13
14. Minimum weekly wages
[14 varied by PR997958, PR509065, PR522896]
14.1 Nursing assistant
[14.1 varied by PR997958, PR509065, PR522896 ppc 01Jul12]
Per week
$
1st year 662.00
2nd year 672.90
3rd year and thereafter 684.10
Experienced (the holder of a relevant
certificate III qualification)
706.10
14.2 Enrolled nurses
(a) Student enrolled nurse
[14.2(a) varied by PR997958, PR509065, PR522896 ppc 01Jul12]
Per week
$
Less than 21 years of age 612.90
21 years of age and over 644.80
(b) Enrolled nurse
[14.2(b) varied by PR997958, PR509065, PR522896 ppc 01Jul12]
Per week
$
Pay point 1 719.30
Pay point 2 728.80
Pay point 3 738.40
Pay point 4 749.00
Pay point 5 756.50
14.3 Registered nurses
[14.3 varied by PR997958, PR509065, PR522896 ppc 01Jul12]
Minimum entry rate for a:
(a) four year degree is $803.30 per week;
(b) masters degree is $831.00 per week.
Progression from these entry rates will be to level 1—Registered nurse pay point
4 and 5 respectively.
Nurses Award 2010
14 MA000034
Per week
$
Registered nurse—level 1
Pay point 1 769.30
Pay point 2 785.20
Pay point 3 804.40
Pay point 4 825.70
Pay point 5 851.20
Pay point 6 875.70
Pay point 7 901.20
Pay point 8 and thereafter 924.60
Registered nurse—level 2
Pay point 1 949.00
Pay point 2 964.00
Pay point 3 980.90
Pay point 4 and thereafter 997.00
Registered nurse—level 3
Pay point 1 1028.90
Pay point 2 1048.00
Pay point 3 1066.10
Pay point 4 and thereafter 1085.30
Registered nurse—level 4
Grade 1 1174.60
Grade 2 1258.70
Grade 3 1332.10
Registered nurse—level 5
Grade 1 1185.30
Grade 2 1248.10
Grade 3 1332.10
Grade 4 1415.10
Grade 5 1560.90
Grade 6 1707.70
Nurses Award 2010
MA000034 15
14.4 Nurse practitioner
[14.4 varied by PR997958, PR509065, PR522896 ppc 01Jul12]
Per week
$
1st year 1184.20
2nd year 1219.40
14.5 Occupational health nurses
[14.5 varied by PR997958, PR509065, PR522896 ppc 01Jul12]
Per week
$
Occupational health nurse—level 1
Pay point 1 825.70
Pay point 2 851.20
Pay point 3 875.70
Pay point 4 901.20
Pay point 5 924.60
Occupational health nurse—level 2
Pay point 1 949.00
Pay point 2 964.00
Pay point 3 980.90
Pay point 4 997.00
Senior occupational health clinical nurse 997.00
Occupational health nurse—level 3
Pay point 1 1028.90
Pay point 2 1048.00
Pay point 3 1066.10
Pay point 4 and thereafter 1085.30
15. Progression through pay points
[Varied by PR988400, PR994468 from 01Jan10]
Progression for all classifications for which there is more than one pay point will be by annual
movement to the next pay point, or in the case of a part-time or casual employee 1786 hours
of experience, having regard to the acquisition and use of skill described in the definitions
contained in Schedule B—Classification Definitions and knowledge gained through
experience in the practice settings over such a period.
Nurses Award 2010
16 MA000034
16. Allowances
[Varied by PR994468, PR998166, PR509187, PR523017]
The following allowances do not apply to employees classified at Registered nurse
levels 4 or 5.
16.1 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.
[16.1(b) substituted by PR994468 from 01Jan10]
(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
16.2 Clothing and equipment
(a) Employees required by the employer to wear uniforms will be supplied with an
adequate number of uniforms appropriate to the occupation free of cost to
employees. Such items are to remain the property of the employer and be
laundered and maintained by such employer free of cost to the employee.
(b) Instead of the provision of such uniforms, the employer may, by agreement
with the employee, pay such employee a uniform allowance at the rate of $1.23
per shift or part thereof on duty or $6.24 per week, whichever is the lesser
amount. Where such 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.
(c) The uniform allowance, but not the laundry allowance, will be paid during all
absences on leave, except absences on long service leave and absence on
personal/carer’s leave 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 four weeks immediately preceding the taking of leave.
Nurses Award 2010
MA000034 17
16.3 Meal allowances
[16.3(a) varied by PR998166, PR509187, PR523017 ppc 01Jul12]
(a) An employee will be supplied with an adequate meal where an employer has
adequate cooking and dining facilities or be paid a meal allowance of $11.37 in
addition to any overtime payment as follows:
(i) when required to work after the usual finishing hour of work beyond one
hour or, in the case of shiftworkers, when the overtime work on any shift
exceeds one hour.
[16.3(a)(ii) varied by PR523017 ppc 01Jul12]
(ii) provided that where such overtime work exceeds four hours a further
meal allowance of $10.24 will be paid.
(b) Clause 16.3(a) will not apply when an employee could reasonably return home
for a meal within the meal break.
(c) On request the meal allowance will be paid on the same day as overtime is
worked.
16.4 On call allowance
(a) 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 for each
24 hour period or part thereof:
(i) between rostered shifts or ordinary hours Monday to Friday inclusive–
2.35% of the standard rate;
(ii) between rostered shifts or ordinary hours on a Saturday–3.54% of
the standard rate; or
(iii) between rostered shifts or ordinary hours on a Sunday, public holiday or
any day when the employee is not rostered to work–4.13% of the
standard rate.
(b) For the purpose of this clause the whole of the on call period is calculated
according to the day on which the major portion of the on call period falls.
16.5 Travelling, transport and fares
[16.5(a) varied by PR523017 ppc 01Jul12]
(a) 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 $0.75 per
kilometre.
(b) When an employee is involved in travelling on duty, if the employer cannot
provide the appropriate transport, all reasonably incurred expenses in respect to
fares, meals and accommodation will be met by the employer on production of
receipted account(s) or other evidence acceptable to the employer.
Nurses Award 2010
18 MA000034
(c) Provided further that the employee will not be entitled to reimbursement for
expenses referred to in clause 16.5(b) which exceed the mode of transport,
meals or the standard of accommodation agreed with the employer for these
purposes.
17. District allowances
[Varied by PR994468]
17.1 Northern Territory
An employee in the Northern Territory is entitled to payment of a district allowance
in accordance with the terms of an award made under the Workplace Relations Act
1996 (Cth):
[17.1(a) substituted by PR994468 from 01Jan10]
(a) that would have applied to the employee immediately prior to 1 January 2010,
if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument or enterprise
agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
17.2 Western Australia
[17.2 substituted by PR994468 from 01Jan10]
An employee in Western Australia is entitled to payment of a district allowance in
accordance with the terms of a notional agreement preserving a State award or an
award made under the Workplace Relations Act 1996 (Cth):
(a) that would have applied to the employee immediately prior to 1 January 2010,
if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument or enterprise
agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
17.3 This clause ceases to operate on 31 December 2014.
18. Payment of wages
18.1 Wages must be paid fortnightly unless otherwise mutually agreed up to a monthly
maximum period.
18.2 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.
18.3 When notice of termination of employment has been given by an employee or an
employee’s services have been terminated by the employer, payment of all wages
and other monies owing to an employee will be made to the employee.
Nurses Award 2010
MA000034 19
19. Accident pay
[Varied by PR994468, PR503643]
[19.1 varied by PR994468; substituted by PR503643 ppc 01Jan11]
19.1 Subject to clause 19.2, an employee is entitled to accident pay in accordance with the
terms of an award made under the Workplace Relations Act 1996 (Cth) that would
have applied to the employee immediately prior to 27 March 2006, a notional
agreement preserving a State award that would have applied to the employee
immediately prior to 1 January 2010 or a Division 2B State award that would have
applied to the employee immediately prior to 1 January 2011:
(a) if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument, enterprise
agreement or Division 2B State employment agreement had applied to the
employee; and
(b) that would have entitled the employee to accident pay in excess of the
employee’s entitlement to accident pay, if any, under any other instrument.
[19.2 substituted by PR994468; PR503643 ppc 01Jan11]
19.2 The employee’s entitlement to accident pay under the award, the notional agreement
preserving a State award or the Division 2B State award is limited to the amount of
accident pay which exceeds the employee’s entitlement to accident pay, if any, under
any other instrument.
19.3 This clause does not operate to diminish an employee’s entitlement to accident pay
under any other instrument.
19.4 This clause ceases to operate on 31 December 2014.
20. Superannuation
[Varied by PR994468, PR990528]
20.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act
1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the
superannuation rights and obligations of employers and employees. Under
superannuation legislation individual employees generally have the opportunity
to choose their own superannuation fund. If an employee does not choose a
superannuation fund, any superannuation fund nominated in the award
covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation
legislation.
Nurses Award 2010
20 MA000034
20.2 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.
20.3 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 20.2.
(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 20.3(a) or (b) no
later than 28 days after the end of the month in which the deduction authorised
under clauses 20.3(a) or (b) was made.
20.4 Superannuation fund
[20.4 varied by PR994468 from 01Jan10]
Unless, to comply with superannuation legislation, the employer is required to make
the superannuation contributions provided for in clause 20.2 to another
superannuation fund that is chosen by the employee, the employer must make the
superannuation contributions provided for in clause 20.2 and pay the amount
authorised under clauses 20.3(a) or (b) to one of the following superannuation funds
or its successor:
(a) First State Super;
(b) Health Industry Plan (HIP);
(c) Health Employees Superannuation Trust of Australia (HESTA);
(d) Health Super;
(e) National Catholic Superannuation Fund;
(f) Mercy Super;
(g) Sunsuper;
(h) Tasplan;
(i) Australian Superannuation Savings Employment Trust (Asset Super);
(j) UC Super; or
(k) any superannuation fund to which the employer was making superannuation
contributions for the benefit of its employees before 12 September 2008,
provided the superannuation fund is an eligible choice fund.
Nurses Award 2010
MA000034 21
Part 5—Hours of Work and Related Matters
21. Ordinary hours of work
[21 substituted by PR995202 ppc 23Mar10]
21.1 The ordinary hours of work for a full-time employee will be 38 hours per week,
76 hours per fortnight or 152 hours over 28 days.
21.2 The shift length or ordinary hours of work per day will be a maximum of 10 hours
exclusive of meal breaks.
21.3 An accrued day off (ADO) system of work may be implemented via an employee
working no more than 19 days in a four week period of 152 hours.
21.4 Each employee must be free from duty for not less than two full days in each week or
four full days in each fortnight or eight full days in each 28-day cycle. Where
practicable, such days off must be consecutive.
21.5 The hours of work on any day will be continuous except for meal breaks.
22. Span of hours
[Varied by PR994468]
22.1 The ordinary hours of work for a day worker will be between 6.00 am and 6.00 pm
Monday to Friday.
[22.2 varied by PR994468 from 01Jan10]
22.2 A shiftworker is an employee who is regularly rostered to work their ordinary hours
of work outside the ordinary hours of work of a day worker as defined in clause 22.1.
23. Rest breaks between rostered work
An employee will be allowed a rest break of eight hours between the completion of one
ordinary work period or shift and the commencement of another ordinary work period or shift.
24. Accumulation and taking of accrued days off (ADOs)
[24.1 varied by PR994468 from 01Jan10]
24.1 Where an employee is entitled to an ADO, in accordance with the arrangement of
ordinary hours of work as set out in clause 21—Ordinary hours of work. ADOs will
be taken within 12 months of the date on which the first full ADO accrued.
24.2 With the consent of the employer, ADOs may be accumulated up to a maximum of
five in any one year.
Nurses Award 2010
22 MA000034
24.3 An employee will be paid for any accumulated ADOs, at ordinary rates, on the
termination of their employment for any reason.
25. Rostering
25.1 Employees will work in accordance with a weekly or fortnightly roster fixed by the
employer.
25.2 The roster will set out employees’ daily ordinary working hours and starting and
finishing times and will be displayed in a place conveniently accessible to employees
at least seven days before the commencement of the roster period.
25.3 Unless the employer otherwise agrees, an employee desiring a roster change will
give seven days notice except where the employee is ill or in an emergency.
25.4 Seven days’ notice of a change of roster will be given by the employer to an
employee. Except that, a roster may be altered at any time to enable the functions of
the hospital or facility to be carried out where another employee is absent from work
due to illness 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, the day
off instead will be as mutually arranged.
26. Saturday and Sunday work
[26 substituted by PR995202 ppc 23Mar10]
26.1 Where an employee is rostered to work ordinary hours between midnight Friday and
midnight Saturday, the employee will be paid a loading of 50% of their ordinary rate
of pay for the hours worked during this period.
26.2 Where an employee is rostered to work ordinary hours between midnight Saturday
and midnight Sunday, the employee will be paid a loading of 75% of their ordinary
rate of pay for the hours worked during this period.
27. Breaks
27.1 Meal breaks
(a) An employee who works in excess of five hours will be entitled to an unpaid
meal break of not less than 30 minutes and not more than 60 minutes.
(b) Where an employee is required to remain available or on duty during a meal
break, the employee will be paid overtime for all time worked until the meal
break is taken.
27.2 Tea breaks
(a) Every employee will be entitled to a paid 10 minute tea break in each four
hours worked at a time to be agreed between the employee and employer.
Nurses Award 2010
MA000034 23
(b) Subject to agreement between the employer and employee, such breaks may
alternatively be taken as one 20 minute tea break.
(c) Tea breaks will count as time worked.
28. Overtime
[Varied by PR995202]
28.1 Overtime penalty rates
(a) Hours worked in excess of the ordinary hours on any day or shift prescribed in
clause 21—Ordinary hours of work, are to be paid as follows:
(i) Monday to Saturday (inclusive)—time and a half for the first two hours
and double time thereafter;
(ii) Sunday—double time; and
(iii) Public holidays—double time and a half.
(b) Overtime penalties as prescribed in clause 28.1(a) do not apply to Registered
nurse levels 4 and 5.
[28.1(c) substituted by PR995202 ppc 23Mar10]
(c) Overtime rates under this clause will be in substitution for and not cumulative
upon the shift and weekend premiums prescribed in clause 26—Saturday and
Sunday work and clause 29—Shiftwork.
(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 28.1(a).
28.2 Time off instead of payment for overtime
(a) By agreement between the employer and employee, an employee may take
time off instead of receiving payment for overtime at a mutually agreed time.
(b) The employee may take one hour of time off for each hour of overtime plus a
period of time equivalent to the overtime penalty incurred.
28.3 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
Nurses Award 2010
24 MA000034
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 double time 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.
28.4 Rest break during overtime
An employee working overtime will take a paid rest break of 20 minutes after each
four hours of overtime worked if required to continue to work after the break.
28.5 Recall to work when on call
An employee, who is required to be on call and who is recalled to work, will be paid
for a minimum of three hours work at the appropriate overtime rate.
28.6 Recall to work when not on call
(a) An employee who is not required to be on call and who is recalled to work
after leaving the employer’s premises will be paid for a minimum of three
hours work at the appropriate overtime rate.
(b) The time spent travelling to and from the place of duty will be deemed to be
time worked. Except that, where an employee is recalled within three 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.
(c) An employee who is recalled to work will not be obliged to work for three
hours if the work for which the employee was recalled is completed within a
shorter period.
(d) 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.
29. Shiftwork
29.1 Shift penalties
(a) Where an employee works a rostered afternoon shift between Monday and
Friday, the employee will be paid a loading of 12.5% of their ordinary rate of
pay.
(b) Where an employee works a rostered night shift between Monday and Friday,
the employee will be paid a loading of 15% of their ordinary rate of pay.
(c) The provisions of this clause 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) For the purposes of this clause:
Nurses Award 2010
MA000034 25
(i) Afternoon shift means any shift commencing not earlier than 12.00 noon
and finishing after 6.00 pm on the same day; and
(ii) Night shift means any shift commencing on or after 6.00 pm and
finishing before 7.30 am on the following day.
(e) The shift penalties prescribed in this clause will not apply to shiftwork
performed by an employee on Saturday, Sunday or public holiday where the
extra payment prescribed by clause 26—Saturday and Sunday work and
clause 32—Public holidays applies.
(f) The provisions of this clause will not apply to Registered nurse levels 4 and 5.
30. Higher duties
30.1 An employee, who is required to relieve another employee in a higher classification
than the one in which they are ordinarily employed will be paid at the higher
classification rate provided the relieving is for three days or more.
30.2 Higher duties allowance does not apply to Registered nurse levels 4 and 5.
Part 6—Leave and Public Holidays
31. Annual leave
[31.1 varied by PR996442]
Annual leave is provided for in the NES. This clause contains additional provisions.
31.1 Quantum of annual leave
[31.1 substituted by PR996442 from 22Apr10]
(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) For the purpose of the additional weeks annual leave provided by the NES, a
shiftworker is defined as an employee who:
(i) is regularly rostered over seven 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 31.1(b) above is entitled to five 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 31.1(b) above is entitled to six weeks of
paid annual leave for each year of service with their employer.
31.2 Taking of leave
Nurses Award 2010
26 MA000034
Annual leave will be given and taken within six months of the employee becoming
entitled to annual leave of more than five weeks.
31.3 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.
31.4 Annual leave loading
(a) In addition to their ordinary pay, 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/four weeks annual leave per annum.
(b) Shiftworkers, in addition to their ordinary pay, 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.
31.5 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.
31.6 Close down periods—medical practices
Where an employer temporarily closes a medical practice, an employee may be
directed to take paid annual leave during part or all of this period. Where an
employee does not have sufficient accrued annual leave for this period, they may be
required to take annual leave in advance.
32. Public holidays
Public holidays are provided for in the NES. This clause contains additional provisions.
32.1 Payment for work done on public holidays
All work done by an employee during their ordinary shifts on a public holiday,
including a substituted day, will be paid at double time of their ordinary rate of pay.
32.2 Public holiday substitution
An employer and the employees may, by agreement, substitute another day for a
public holiday.
32.3 Public holidays occurring on rostered days off
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–Friday employees.
Nurses Award 2010
MA000034 27
32.4 Accrued days off on public holidays
Where an employee’s accrued day off falls on a public holiday, another day,
determined by the employer, will be taken instead within the same four or five week
work cycle, where practical.
33. Ceremonial leave
An employee who is legitimately required by Aboriginal tradition to be absent from work for
Aboriginal ceremonial purposes will be entitled to up to ten working days unpaid leave in any
one year, with the approval of the employer.
34. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
35. Community service leave
Community service leave is provided for in the NES.
Nurses Award 2010
28 MA000034
Schedule A—Transitional Provisions
[Varied by PR988400, PR994468, PR503643]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
[A.1.2 substituted by PR994468 from 01Jan10]
A.1.2 The provisions of this schedule are to be applied:
(a) when there is a difference, in money or percentage terms, between a provision
in a relevant transitional minimum wage instrument (including the transitional
default casual loading) or award-based transitional instrument on the one hand
and an equivalent provision in this award on the other;
(b) when a loading or penalty in a relevant transitional minimum wage instrument
or award-based transitional instrument has no equivalent provision in this
award;
(c) when a loading or penalty in this award has no equivalent provision in a
relevant transitional minimum wage instrument or award-based transitional
instrument; or
(d) when there is a loading or penalty in this award but there is no relevant
transitional minimum wage instrument or award-based transitional instrument.
A.2 Minimum wages – existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
[A.2.1(b) substituted by PR994468 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional
instrument to pay a minimum wage lower than that in this award for any
classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training
arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
Nurses Award 2010
MA000034 29
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the minimum wage in the relevant transitional minimum wage instrument and/or
award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and
the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for
the classification in this award minus the specified proportion of the transitional
amount:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.2.6 The employer must apply any increase in minimum wages in this award resulting
from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.3 Minimum wages – existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
[A.3.1(b) substituted by PR994468 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional
instrument to pay a minimum wage higher than that in this award for any
classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training
arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the minimum wage in the relevant transitional minimum wage instrument and/or
award-based transitional instrument for the classification concerned.
Nurses Award 2010
30 MA000034
A.3.4 The difference between the minimum wage for the classification in this award and
the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for
the classification in this award plus the specified proportion of the transitional
amount:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.3.6 The employer must apply any increase in minimum wages in this award resulting
from an annual wage review. If the transitional amount is equal to or less than any
increase in minimum wages resulting from the 2010 annual wage review the
transitional amount is to be set off against the increase and the other provisions of
this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
casual or part-time loading;
Saturday, Sunday, public holiday, evening or other penalty;
shift allowance/penalty.
A.5 Loadings and penalty rates – existing loading or penalty rate lower
[A.5.1 substituted by PR994468 from 01Jan10]
A.5.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based
transitional instrument to pay a particular loading or penalty at a lower rate than the
equivalent loading or penalty in this award for any classification of employee.
Nurses Award 2010
MA000034 31
[A.5.2 substituted by PR994468 from 01Jan10]
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the loading or penalty in the relevant transitional minimum wage instrument or
award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in
clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty
in this award minus the specified proportion of the transitional percentage:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.6 Loadings and penalty rates – existing loading or penalty rate higher
[A.6.1 substituted by PR994468 from 01Jan10]
A.6.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based
transitional instrument to pay a particular loading or penalty at a higher rate than the
equivalent loading or penalty in this award, or to pay a particular loading or penalty
and there is no equivalent loading or penalty in this award, for any classification of
employee.
[A.6.2 substituted by PR994468 from 01Jan10]
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the loading or penalty in the relevant transitional minimum wage instrument or
award-based transitional instrument.
[A.6.3 substituted by PR994468 from 01Jan10]
A.6.3 The difference between the loading or penalty in this award and the rate in
clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent
loading or penalty in this award, the transitional percentage is the rate in A.6.2.
Nurses Award 2010
32 MA000034
A.6.4 From the following dates the employer must pay no less than the loading or penalty
in this award plus the specified proportion of the transitional percentage:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.7 Loadings and penalty rates – no existing loading or penalty rate
[A.7.1 substituted by PR994468 from 01Jan10]
A.7.1 The following transitional arrangements apply to an employer not covered by
clause A.5 or A.6 in relation to a particular loading or penalty in this award.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the
loading or penalty in this award.
[A.7.3 substituted by PR994468 from 01Jan10]
A.7.3 From the following dates the employer must pay no less than the following
percentage of the loading or penalty in this award:
First full pay period on or after
1 July 2010 20%
1 July 2011 40%
1 July 2012 60%
1 July 2013 80%
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.8 Former Division 2B employers
[A.8 inserted by PR503643 ppc 01Jan11]
A.8.1 This clause applies to an employer which, immediately prior to 1 January 2011, was
covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are
continued in effect until the end of the full pay period commencing before
1 February 2011.
A.8.3 Subject to this clause, from the first full pay period commencing on or after
1 February 2011 a Division 2B employer must pay no less than the minimum wages,
loadings and penalty rates which it would be required to pay under this Schedule if it
had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division
2B State award immediately prior to 1 February 2011 was lower than the
Nurses Award 2010
MA000034 33
corresponding minimum wage, loading or penalty rate in this award, nothing in this
Schedule requires a Division 2B employer to pay more than the minimum wage,
loading or penalty rate in this award.
A.8.5 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division
2B State award immediately prior to 1 February 2011 was higher than the
corresponding minimum wage, loading or penalty rate in this award, nothing in this
Schedule requires a Division 2B employer to pay less than the minimum wage,
loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the
beginning of the first full pay period on or after 1 January 2011 and ceases to operate
from the beginning of the first full pay period on or after 1 July 2014.
Nurses Award 2010
34 MA000034
Schedule B—Classification Definitions
[Varied by PR988400, PR507190]
B.1 Nursing assistant
Nursing assistant means an employee, other than one registered pursuant to the
provisions of the State or Territory Nurse Registration Board or one who is in
training for the purpose of such registration, who is under the direct control and
supervision of a Registered or Enrolled nurse and whose employment is solely to
assist an RN or EN in the provision of nursing care to persons.
B.2 Nursing care
[B.2 varied by PR507190 ppc 01Jan10]
Nursing care means:
giving assistance to a person who, because of disability, is unable to maintain their
bodily needs without frequent assistance;
carrying out tasks which are directly related to the maintenance of a person’s
bodily needs where that person because of disability is unable to carry out those
tasks for themselves; and/or
assisting a registered nurse to carry out the work described in B.5.
For the purposes of this award nursing care also includes care provided by
midwives.
B.3 Student enrolled nurse
Student enrolled nurse means a student undertaking study to become an enrolled
nurse.
B.4 Enrolled nurses
B.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 a state/territory nurses registration board; 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.
Nurses Award 2010
MA000034 35
(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.
B.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 or more hours theory
content or a course accredited at advanced certificate 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.
B.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:
Nurses Award 2010
36 MA000034
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.
B.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.
B.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.
Nurses Award 2010
MA000034 37
(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.
B.5 Registered nurses
B.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.
(b) An employee at this level is required to perform general nursing duties which
include substantially, but are not confined to:
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.
B.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
Nurses Award 2010
38 MA000034
(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 this subclause on a continuing basis.
An employee at this level may also be known as a Clinical nurse.
(b) 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.
B.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 this subclause on a continuing basis.
An employee at this level may also be known as a Clinical nurse consultant,
Nurse manager or Nurse educator.
(b) 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;
Nurses Award 2010
MA000034 39
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;
Nurses Award 2010
40 MA000034
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.
B.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 this subclause on a continuing basis.
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).
(b) Appointment at a particular grade at this level will depend upon the level of
complexity associated with the duties described in this clause. In this
connection the number of beds in a facility will be a relevant consideration.
(c) 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;
Nurses Award 2010
MA000034 41
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;
Nurses Award 2010
42 MA000034
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.
B.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 this subclause on a continuing basis.
An employee at this level may also be known as a Director of nursing.
(b) Appointment at a particular grade at this level will depend upon the level of
complexity associated with the duties described in this clause. In this
connection the number of beds in a facility will be a relevant consideration.
(c) 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.
Nurses Award 2010
MA000034 43
B.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.
B.6.1 Occupational health nurse—level 1
(a) An employee at this level:
(i) is an RN with at least four years post registration experience; and
(ii) 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.
B.6.2 Occupational health clinical nurse—level 2
(a) An employee at this level:
(i) is an RN with at least four 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.
Appointment to level 2 of this salary structure is only upon successful
completion of a relevant post-registration qualification to this field of
employment.
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.
(b) The duties of an employee at this level may include, but are not necessarily
confined to:
the prevention of injury/illness;
rehabilitation; and
Nurses Award 2010
44 MA000034
occupational hazard identification.
B.6.3 Senior occupational health clinical nurse
An employee at this level is an RN with at least five years post registration
experience who:
coordinates the occupational health nursing service; and
provides support and direction to four or less Occupational health nurses and/or
Occupational health clinical nurses.
B.6.4 Occupational health nurse consultant—level 3
An employee at this level is an RN with at least five years post registration
experience who:
coordinates the Occupational health nursing services; and
provides support and direction to five or more Occupational nurses and/or
Occupational health clinical nurses.
B.7 Nurse Practitioner
A Nurse practitioner:
is a registered nurse/midwife appointed to the role;
has obtained an additional qualification relevant to the state regulating authority to
enable them to become licensed Nurse practitioners.
A Nurse practitioner is authorised to function autonomously and collaboratively in an
advanced and extended clinical role.
B.7.1 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.
B.7.2 Scope of practice
The scope of practice of the Nurse practitioner is determined by the context in which:
(a) the nurse practitioner is authorised to practice. The nurse practitioner therefore
remains accountable for the practice for which they directed; and
(b) the professional efficacy whereby practice is structured in a nursing model and
enhanced by autonomy and accountability.
Nurses Award 2010
MA000034 45
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.
Nurse practitioners exhibit clinical leadership that influences and progresses clinical
care, policy and collaboration through all levels of health service.
MA000027 1
Health Professionals and Support Services Award 2010
The above award was first made on 3 April 2009 [PR986368]
This consolidated version of the award includes variations made on 11 September 2009
[PR988397]; 10 December 2009 [PR990546]; 15 December 2009 [PR990529]; 24 December
2009 [PR991493]; 23 March 2010 [PR995380]; 26 March 2010 [PR994550]; 26 March 2010
[PR995135]; 12 May 2010 [PR997007]; 31 May 2010 [PR997603]; 4 June 2010 [PR997772];
15 June 2010 [PR998258]; 21 June 2010 [PR998035]; 21 June 2010 [PR997907]; 29 June
2010 [PR998748]; 17 December 2010 [PR503634]; 20 June 2011 [PR509058]; 21 June 2011
[PR509180]; 21 June 2011 [PR510670]; 18 June 2012 [PR522889]; 18 June 2012
[PR525068]; 19 June 2012 [PR523010]
Applications for Review of award: AM2012/18; AM2012/58; AM2012/128; AM2012/133;
AM2012/134; AM2012/137; AM2012/156; AM2012/163; AM2012/192; AM2012/221;
AM2012/236; AM2012/251; AM2012/261
NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A
To determine the transitional amount or loading, go to the version of this modern award in
operation prior to 1 July 2010 which does not include:
(a) variations to minimum wages resulting from the Annual Wage Review 2009-10; or
(b) variations in expense related allowances operative from 1 July 2010.
Table of Contents
[Varied by PR988397, PR994550]
Part 1— Application and Operation ...................................................................................... 3
1. Title .............................................................................................................................. 3
2. Commencement and transitional .................................................................................. 3
3. Definitions and interpretation ...................................................................................... 4
4. Coverage ...................................................................................................................... 5
5. Access to the award and the National Employment Standards .................................... 6
6. The National Employment Standards and this award .................................................. 6
7. Award flexibility .......................................................................................................... 6
Part 2— Consultation and Dispute Resolution...................................................................... 8
8. Consultation regarding major workplace change ......................................................... 8
9. Dispute resolution ........................................................................................................ 9
Part 3— Types of Employment and Termination of Employment ..................................... 9
Health Professionals and Support Services Award 2010
2 MA000027
10. Types of employment ................................................................................................... 9
11. Termination of employment ....................................................................................... 10
12. Redundancy ................................................................................................................ 11
Part 4— Minimum Wages and Related Matters ................................................................. 12
13. Classifications ............................................................................................................ 12
14. Minimum weekly wages for Support Services employees ........................................ 13
15. Minimum weekly wages for Health Professional employees .................................... 14
16. Supported wage system .............................................................................................. 15
17. National training wage ............................................................................................... 15
18. Allowances ................................................................................................................. 15
19. District allowances ..................................................................................................... 19
20. Payment of wages ...................................................................................................... 20
21. Accident pay .............................................................................................................. 20
22. Superannuation ........................................................................................................... 20
Part 5— Hours of Work and Related Matters .................................................................... 22
23. Ordinary hours of work .............................................................................................. 22
24. Span of hours ............................................................................................................. 22
25. Rostering .................................................................................................................... 23
26. Saturday and Sunday work ........................................................................................ 23
27. Breaks ......................................................................................................................... 24
28. Overtime penalty rates ............................................................................................... 24
29. Shiftwork .................................................................................................................... 25
30. Higher duties .............................................................................................................. 25
Part 6— Leave and Public Holidays ..................................................................................... 26
31. Annual leave .............................................................................................................. 26
32. Public holidays ........................................................................................................... 27
33. Personal/carer’s leave and compassionate leave ........................................................ 27
34. Community service leave ........................................................................................... 27
35. Ceremonial leave ........................................................................................................ 28
Schedule A —Transitional Provisions .................................................................................. 29
Schedule B —Classification Definitions ............................................................................... 35
Schedule C —List of Common Health Professionals .......................................................... 44
Schedule D —Supported Wage System ................................................................................ 46
Schedule E —National Training Wage ................................................................................ 49
Appendix E1: Allocation of Traineeships to Wage Levels ................................................. 56
Health Professionals and Support Services Award 2010
MA000027 3
Part 1—Application and Operation
1. Title
This award is the Health Professionals and Support Services Award 2010.
2. Commencement and transitional
[Varied by PR988397]
2.1 This award commences on 1 January 2010.
2.2 The monetary obligations imposed on employers by this award may be absorbed into
overaward payments. Nothing in this award requires an employer to maintain or
increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of
the award come into effect. Some of the transitional arrangements are in clauses in
the main part of the award. There are also transitional arrangements in Schedule A.
The arrangements in Schedule A deal with:
minimum wages and piecework rates
casual or part-time loadings
Saturday, Sunday, public holiday, evening or other penalties
shift allowances/penalties.
2.4 Neither the making of this award nor the operation of any transitional arrangements
is intended to result in a reduction in the take-home pay of employees covered by the
award. On application by or on behalf of an employee who suffers a reduction in
take-home pay as a result of the making of this award or the operation of any
transitional arrangements, Fair Work Australia may make any order it considers
appropriate to remedy the situation.
2.5 Fair Work Australia may review the transitional arrangements in this award and
make a determination varying the award.
2.6 Fair Work Australia may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity
covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial
interests of one or more employers or employees that are covered by the
modern award; or
Health Professionals and Support Services Award 2010
4 MA000027
(d) in relation to outworker arrangements, on application by an organisation that is
entitled to represent the industrial interests of one or more outworkers to whom
the arrangements relate.
3. Definitions and interpretation
[Varied by PR994550, PR997603, PR997772, PR503634]
3.1 In this award, unless the contrary intention appears:
[Definition of Act substituted by PR994550 from 01Jan10]
Act means the Fair Work Act 2009 (Cth)
[Definition of agreement-based transitional instrument inserted by PR994550 from 01Jan10]
agreement-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of award-based transitional instrument inserted by PR994550 from 01Jan10]
award-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Commission deleted by PR994550 from 01Jan10]
[Definition of Division 2B State award inserted by PR503634 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503634 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of employee substituted by PR994550, PR997772 from 01Jan10]
employee means national system employee within the meaning of the Act
[Definition of employer substituted by PR994550, PR997772 from 01Jan10]
employer means national system employer within the meaning of the Act
[Definition of enterprise award deleted by PR994550 from 01Jan10]
[Definition of enterprise award-based instrument inserted by PR994550 from 01Jan10]
enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of enterprise NAPSA deleted by PR994550 from 01Jan10]
health industry means employers whose business and/or activity is in the delivery
of health care, medical services and dental services
[Definition of NES substituted by PR994550 from 01Jan10]
NES means the National Employment Standards as contained in sections 59 to 131
of the Fair Work Act 2009 (Cth)
Health Professionals and Support Services Award 2010
MA000027 5
[Definition of on-hire inserted by PR994550 from 01Jan10]
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 shiftworker varied by PR997603 from 01Jan10]
shiftworker is an employee who is regularly rostered to work their ordinary hours
outside the ordinary hours of work of a day worker as defined in clause 24.
standard rate means the minimum wage for a Health Professional employee—
level 1 pay point 2 in clause 15.2
[Definition of transitional minimum wage instrument inserted by PR994550 from 01Jan10]
transitional minimum wage instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
undergraduate 2 (UG 2) means an employee with a diploma or equivalent
3.2 Where this award refers to a condition of employment provided for in the NES, the
NES definition applies.
4. Coverage
[Varied by PR994550]
4.1 This industry and occupational award covers:
(a) employers throughout Australia in the health industry and their employees in
the classifications listed in clauses 14—Minimum weekly wages for Support
Services employees and 15—Minimum weekly wages for Health Professional
employees to the exclusion of any other modern award;
(b) employers engaging a health professional employee falling within the
classification listed in clause 15.
4.2 This award does not cover an employee excluded from award coverage by the Act.
[4.3 substituted by PR994550 from 01Jan10]
4.3 The award does not cover 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.
[New 4.4 inserted by PR994550 from 01Jan10]
4.4 The award does not cover 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.
Health Professionals and Support Services Award 2010
6 MA000027
[4.5 inserted by PR994550 from 01Jan10]
4.5 This award covers any employer which supplies labour on an on-hire basis in the
industry set out in clause 4.1 in respect of on-hire employees in classifications
covered by this award, and those on-hire employees, while engaged in the
performance of work for a business in that industry. This subclause operates subject
to the exclusions from coverage in this award.
[4.6 inserted by PR994550 from 01Jan10]
4.6 This award covers any employer which supplies on-hire employees in classifications
set out in clauses 14 and 15 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. This subclause operates subject
to the exclusions from coverage in this award.
[4.7 inserted by PR994550 from 01Jan10]
4.7 This award covers employers which provide group training services for trainees
engaged in the industry, parts of industry and/or occupations set out at clause 4.1 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. This
subclause operates subject to the exclusions from coverage in this award.
[4.4 renumbered as 4.8 by PR994550 from 01Jan10]
4.8 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. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all
employees to whom they apply either on a noticeboard which is conveniently located at or
near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees
covered by this award.
7. Award flexibility
7.1 Notwithstanding any other provision of this award, an employer and an individual
employee may agree to vary the application of certain terms of this award to meet the
genuine individual needs of the employer and the individual employee. The terms the
employer and the individual employee may agree to vary the application of are those
concerning:
(a) arrangements for when work is performed;
Health Professionals and Support Services Award 2010
MA000027 7
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement
without coercion or duress.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed
in clause 7.1; and
(b) result in the employee being better off overall than the employee would have
been if no individual flexibility agreement had been agreed to.
7.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer
and the individual employee and, if the employee is under 18 years of age, the
employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee
have agreed to vary;
(c) detail how the application of each term has been varied by agreement between
the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off
overall in relation to the individual employee’s terms and conditions of
employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep
the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or
consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to
the employee. Where the employee’s understanding of written English is limited the
employer must take measures, including translation into an appropriate language, to
ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(a) by the employer or the individual employee giving four weeks’ notice of
termination, in writing, to the other party and the agreement ceasing to operate
at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual
employee.
Health Professionals and Support Services Award 2010
8 MA000027
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not
intended to otherwise affect, any provision for an agreement between an employer
and an individual employee contained in any other term of this award.
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
8.1 Employer to notify
(a) Where an employer has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the employer must notify the employees
who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment; major changes in the
composition, operation or size of the employer’s workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations; and the
restructuring of jobs. Provided that where this award makes provision for
alteration of any of these matters an alteration is deemed not to have significant
effect.
8.2 Employer to discuss change
(a) The employer must discuss with the employees affected and their
representatives, if any, the introduction of the changes referred to in clause 8.1,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees and must give
prompt consideration to matters raised by the employees and/or their
representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in clause 8.1.
(c) For the purposes of such discussion, the employer must provide in writing to
the employees concerned and their representatives, if any, all relevant
information about the changes including the nature of the changes proposed,
the expected effects of the changes on employees and any other matters likely
to affect employees provided that no employer is required to disclose
confidential information the disclosure of which would be contrary to the
employer’s interests.
Health Professionals and Support Services Award 2010
MA000027 9
9. Dispute resolution
[Varied by PR994550]
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to
the NES, in the first instance the parties must attempt to resolve the matter at the
workplace by discussions between the employee or employees concerned and the
relevant supervisor. If such discussions do not resolve the dispute, the parties will
endeavour to resolve the dispute in a timely manner by discussions between the
employee or employees concerned and more senior levels of management as
appropriate.
[9.2 varied by PR994550 from 01Jan10]
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES
is unable to be resolved at the workplace, and all appropriate steps under clause 9.1
have been taken, a party to the dispute may refer the dispute to Fair Work Australia.
[9.3 varied by PR994550 from 01Jan10]
9.3 The parties may agree on the process to be utilised by Fair Work Australia including
mediation, conciliation and consent arbitration.
[9.4 varied by PR994550 from 01Jan10]
9.4 Where the matter in dispute remains unresolved, Fair Work Australia may exercise
any method of dispute resolution permitted by the Act that it considers appropriate to
ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to
accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in
accordance with this award and the Act. Subject to applicable occupational health
and safety legislation, an employee must not unreasonably fail to comply with a
direction by the employer to perform work, whether at the same or another
workplace that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
10. Types of employment
10.1 Employment categories
(a) Employees under this award will be employed in one of the following
categories:
(i) full-time;
(ii) part-time; or
(iii) casual.
(b) At the time of engagement an employer will inform each employee whether
they are employed on a full-time, part-time or casual basis. An employer may
Health Professionals and Support Services Award 2010
10 MA000027
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.
10.2 Full-time employment
A full-time employee is one who is engaged to work 38 hours per week or an
average of 38 hours per week pursuant to clause 23—Ordinary hours of work of this
award.
10.3 Part-time employment
(a) A part-time employee is an employee who is engaged to work less than the
full-time hours of an average of 38 hours per week and who has reasonably
predictable hours of work.
(b) Before commencing employment, the employer and employee will agree in
writing on a regular pattern of work including the number of hours to be
worked each week, the days of the week the employee will work and the
starting and finishing times each day.
(c) The terms of the agreement may be varied by agreement and recorded in
writing.
(d) 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.
10.4 Casual employment
(a) A casual employee is an employee engaged as such on an hourly basis, other
than as a part-time, full-time or fixed-term employee, to work up to and
including 38 ordinary hours per week.
(b) A casual employee will be paid per hour calculated at the rate of 1/38th of the
weekly rate appropriate to the employee’s classification. In addition, a loading
of 25% of that rate will be paid instead of the paid leave entitlements of full-
time employees.
(c) The minimum period of engagement of a casual employee is three hours with
the exception of cleaners employed in private medical practices who will be
engaged for a minimum of two hours.
11. Termination of employment
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that
required of an employer except that there is no requirement on the employee to give
additional notice based on the age of the employee concerned. If an employee fails to
give the required notice the employer may withhold from any monies due to the
employee on termination under this award or the NES, an amount not exceeding the
amount the employee would have been paid under this award in respect of the period
Health Professionals and Support Services Award 2010
MA000027 11
of notice required by this clause less any period of notice actually given by the
employee.
11.3 Job search entitlement
Where an employer has given notice of termination to an employee, an employee
must be allowed up to one day’s time off without loss of pay for the purpose of
seeking other employment. The time off is to be taken at times that are convenient to
the employee after consultation with the employer.
12. Redundancy
[Varied by PR994550, PR503634]
12.1 Redundancy pay is provided for in the NES.
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the
same period of notice must be given as the employee would have been entitled to if
the employment had been terminated and the employer may, at the employer’s
option, make payment instead of an amount equal to the difference between the
former ordinary time rate of pay and the ordinary time rate of pay for the number of
weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is entitled to
receive the benefits and payments they would have received under this clause had
they remained in employment until the expiry of the notice, but is not entitled to
payment instead of notice.
12.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must
be allowed up to one day’s time off without loss of pay during each week of
notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the
notice period for the purpose of seeking other employment, the employee must,
at the request of the employer, produce proof of attendance at an interview or
they will not be entitled to payment for the time absent. For this purpose a
statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.3.
12.5 Transitional provisions – NAPSA employees
[12.5(a) substituted by PR994550 from 01Jan10; renamed by PR503634 ppc 01Jan11]
(a) Subject to clause 12.5(b), an employee whose employment is terminated by an
employer is entitled to redundancy pay in accordance with the terms of a
notional agreement preserving a State award:
Health Professionals and Support Services Award 2010
12 MA000027
(i) that would have applied to the employee immediately prior to 1 January
2010, if the employee had at that time been in their current circumstances
of employment and no agreement-based transitional instrument or
enterprise agreement had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the
employee’s entitlement to redundancy pay, if any, under the NES.
[12.5(b) substituted by PR994550 from 01Jan10]
(b) The employee’s entitlement to redundancy pay under the notional agreement
preserving a State award is limited to the amount of redundancy pay which
exceeds the employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
(d) Clause 12.5 ceases to operate on 31 December 2014.
12.6 Transitional provisions – Division 2B State employees
[12.6 inserted by PR503634 ppc 01Jan11]
(a) Subject to clause 12.6(b), an employee whose employment is terminated by an
employer is entitled to redundancy pay in accordance with the terms of a
Division 2B State award:
(i) that would have applied to the employee immediately prior to 1 January
2011, if the employee had at that time been in their current circumstances
of employment and no Division 2B State employment agreement or
enterprise agreement had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the
employee’s entitlement to redundancy pay, if any, under the NES.
(b) The employee’s entitlement to redundancy pay under the Division 2B State
award is limited to the amount of redundancy pay which exceeds the
employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
(d) Clause 12.6 ceases to operate on 31 December 2014.
Part 4—Minimum Wages and Related Matters
13. Classifications
[Varied by PR988397]
All employees covered by this award must be classified according to the structure and
definitions set out in Schedule B—Classification Definitions. Employers must advise their
employees in writing of their classification upon commencement and of any subsequent
changes to their classification.
Health Professionals and Support Services Award 2010
MA000027 13
14. Minimum weekly wages for Support Services employees
[Varied by PR997907, PR503634, PR509058, PR522889]
[Note inserted by PR503634 ppc 01Jan11]
NOTE: A transitional pay equity order taken to have been made pursuant to item 30A of
Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act
2009 (Cth) has effect in accordance with that item. A relevant transitional pay equity order
operates in Queensland as provided for in items 30A (6) and (7).
14.1 Progression through pay points
Progression for all classifications for which there is more than one pay point will be
by annual movement to the next pay point having regard to the acquisition and use of
skills, or in the case of a part-time or casual employee, 1824 hours of similar
experience.
14.2 Juniors in Support Services
Age % of level 1 rate
Under 17 50
17 60
18 70
19 80
20 90
14.3 Support Services employees
[14.3 varied by PR997907, PR509058, PR522889 ppc 01Jul12]
Per week
$
Level 1 644.80
Level 2 671.40
Level 3 698.00
Level 4 706.10
Level 5 729.90
Level 6 769.30
Level 7 783.10
Level 8
Pay point 1 809.70
Pay point 2 831.00
Pay point 3 889.50
Level 9
Pay point 1 905.40
Health Professionals and Support Services Award 2010
14 MA000027
Per week
$
Pay point 2 937.40
Pay point 3 944.80
15. Minimum weekly wages for Health Professional employees
[Varied by PR997907, PR509058, PR522889]
15.1 Progression through pay points
(a) Progression through level 1
Employees will enter at the relevant pay point and then progress annually or, in
the case of a part-time or casual employee, 1824 hours until they reach pay
point 6.
(b) Progression through levels 2–4
Progression for all classifications for which there is more than one pay point
will be by annual movement to the next pay point having regard to the
acquisition and use of skills, or in the case of a part-time or casual employee,
1824 hours of similar experience.
15.2 Health Professional employee—level 1
[15.2 varied by PR997907, PR509058, PR522889 ppc 01Jul12]
Per week
$
Pay point 1 (UG 2 qualification) 740.60
Pay point 2 (three year degree entry) 769.30
Pay point 3 (four year degree entry) 803.30
Pay point 4 (masters degree entry) 831.00
Pay point 5 (PhD entry) 905.40
Pay point 6 937.40
15.3 Health Professional employee—level 2
[15.3 varied by PR997907, PR509058, PR522889 ppc 01Jul12]
Per week
$
Pay point 1 942.70
Pay point 2 976.70
Pay point 3 1014.00
Pay point 4 1054.40
Health Professionals and Support Services Award 2010
MA000027 15
15.4 Health Professional employee—level 3
[15.4 varied by PR997907, PR509058, PR522889 ppc 01Jul12]
Per week
$
Pay point 1 1100.20
Pay point 2 1131.00
Pay point 3 1155.50
Pay point 4 1206.60
Pay point 5 1251.30
15.5 Health Professional employee—level 4
[15.5 varied by PR997907, PR509058, PR522889 ppc 01Jul12]
Per week
$
Pay point 1 1332.10
Pay point 2 1421.50
Pay point 3 1546.00
Pay point 4 1706.60
16. Supported wage system
[Varied by PR988397]
See Schedule D
17. National training wage
[Varied by PR988397]
See Schedule E
18. Allowances
[Varied by PR994550, PR998035, PR509180, PR523010]
18.1 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.
Health Professionals and Support Services Award 2010
16 MA000027
[18.1(b) varied by PR994550 from 01Jan10; PR523010 ppc 01Jul12]
(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
Tool allowance Tools and equipment for house and garden
component of the household appliances,
utensils and tools sub-group
Vehicle allowance Private motoring sub-group
Board and lodging Domestic holiday travel and accommodation
sub-group
18.2 Blood check allowance
Any employee exposed to radiation hazards in the course of their work will be
entitled to a blood count as often as is considered necessary and will be reimbursed
for any out of pocket expenses arising from such test.
18.3 Clothing and equipment
(a) Employees required by the employer to wear uniforms will be supplied with an
adequate number of uniforms appropriate to the occupation free of cost to
employees. Such items are to remain the property of the employer and be
laundered and maintained by such employer free of cost to the employee.
(b) Instead of the provision of such uniforms, the employer may, by agreement
with the employee, pay such employee a uniform allowance at the rate of $1.23
per shift or part thereof on duty or $6.24 per week, whichever is the lesser
amount. Where such 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.
(c) The uniform allowance, but not the laundry allowance, will be paid during all
absences on leave, except absences on long service leave and absence on
personal/carer’s leave 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 four weeks immediately preceding the taking of leave.
(d) Where an employer requires an employee to wear rubber gloves, special
clothing or where safety equipment is required for the work performed by an
employee, the employer must reimburse the employee for the cost of
purchasing such special clothing or safety equipment, except where such
clothing or equipment is provided by the employer.
18.4 Damaged clothing allowance
Health Professionals and Support Services Award 2010
MA000027 17
(a) Where an employee, in the course of their employment suffers any damage to
or soiling of clothing or other personal effects (excluding female hosiery), the
employer will be liable for the replacement, repair or cleaning of such clothing
or personal effects provided immediate notification is given of such damage or
soiling.
(b) This clause will not apply where the damage or soiling is caused by the
negligence of the employee.
18.5 Deduction for board and lodging
Where the employer provides board and lodging, the wage rates prescribed in this
award will be reduced by the following amounts per week:
[18.5(a) varied by PR998035, PR523010 ppc 01Jul12]
(a) employees receiving full adult rate of pay—$22.03;
[18.5(b) varied by PR998035, PR523010 ppc 01Jul12]
(b) trainees—$9.94; or
[18.5(c) varied by PR998035, PR523010 ppc 01Jul12]
(c) where the employee buys their meals at ruling cafeteria rates, by an additional
amount of—$13.71.
18.6 Heat allowance
(a) Where work continues for more than two hours in temperatures exceeding
46 degrees Celsius employees will be entitled to 20 minutes rest after every
two hours work without deduction of pay.
(b) It will be the responsibility of the employer to ascertain the temperature.
(c) The following amounts will be paid to employees employed at their current
place of work prior to 8 August 1991, in the prescribed circumstances in
addition to any other amounts specified elsewhere in this award.
Where an employee works for more than one hour in the shade in places where
the temperature is raised by artificial means and:
(i) exceeds 40 degrees Celsius but does not exceed 46 degrees Celsius—
0.05% of the standard rate per hour or part thereof.
(ii) exceeds 46 degrees Celsius—0.06% of standard rate per hour or part
thereof.
18.7 Meal allowances
[18.7(a) varied by PR998035, PR509180, PR523010 ppc 01Jul12]
(a) An employee will be supplied with an adequate meal where an employer has
adequate cooking and dining facilities or be paid a meal allowance of $11.37 in
addition to any overtime payment as follows:
Health Professionals and Support Services Award 2010
18 MA000027
(i) when required to work after the usual finishing hour of work beyond one
hour or, in the case of shiftworkers, when the overtime work on any shift
exceeds one hour.
[18.7(a)(ii) varied by PR998035, PR509180, PR523010 ppc 01Jul12]
(ii) Provided that where such overtime work exceeds four hours a further
meal allowance of $10.24 will be paid.
(b) Clause 18.7(a) will not apply when an employee could reasonably return home
for a meal within the meal break.
(c) On request meal allowance will be paid on the same day as overtime is worked.
18.8 Nauseous work allowance
An allowance of 0.05% of the standard rate per hour or part thereof will be paid to an
employee in any classification if they are engaged in handling linen of a nauseous
nature other than linen sealed in airtight containers and/or for work which is of an
unusually dirty or offensive nature having regard to the duty normally performed by
such employee in such classification. Any employee who is entitled to be paid this
allowance will be paid a minimum sum of 0.27% of the standard rate for work
performed in any week.
18.9 Occasional interpreting allowance
An employee not employed as a full-time interpreter who is required to perform
interpreting duties will receive an additional 0.11% of the standard rate on each
occasion with a maximum additional payment of 1.27% of the standard rate per
week.
18.10 On call allowance
An employee required by the employer to be on call will receive the following
additional amounts for each 24 hour period or part thereof:
(a) when the on call period is between Monday and Saturday inclusive—2.16% of
the standard rate per 24 hour period; and
(b) when the on call period is on a Sunday or public holiday—4.31% of the
standard rate per 24 hour period.
18.11 Telephone allowance
Where the employer requires an employee to install and/or maintain a telephone for
the purpose of being on call, the employer will refund the installation costs and the
subsequent rental charges on production of receipted accounts.
18.12 Tool allowance
[18.12 varied by PR998035 ppc 01Jul10]
A tool allowance of $11.00 per week for the supply and maintenance of tools will be
paid to chefs and cooks who are not provided with all necessary tools by the
employer.
Health Professionals and Support Services Award 2010
MA000027 19
18.13 Travelling, transport and fares
[18.13(a) varied by PR523010 ppc 01Jul12]
(a) 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 $0.75 per
kilometre.
(b) When an employee is involved in travelling on duty, if the employer cannot
provide the appropriate transport, all reasonably incurred expenses in respect to
fares, meals and accommodation will be met by the employer on production of
receipted account(s) or other evidence acceptable to the employer.
(c) Provided further that the employee will not be entitled to reimbursement for
expenses referred to in clause 18.13(b), which exceed the mode of transport,
meals or the standard of accommodation agreed with the employer, for these
purposes.
19. District allowances
[Varied by PR994550]
19.1 Northern Territory
An employee in the Northern Territory is entitled to payment of a district allowance
in accordance with the terms of an award made under the Workplace Relations Act
1996 (Cth):
[19.1(a) substituted by PR994550 from 01Jan10]
(a) that would have applied to the employee immediately prior to 1 January 2010,
if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument or enterprise
agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
19.2 Western Australia
[19.2 substituted by PR994550 from 01Jan10]
An employee in Western Australia is entitled to payment of a district allowance in
accordance with the terms of a notional agreement preserving a State award or an
award made under the Workplace Relations Act 1996 (Cth):
(a) that would have applied to the employee immediately prior to 1 January 2010,
if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument or enterprise
agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
19.3 This clause ceases to operate on 31 December 2014.
Health Professionals and Support Services Award 2010
20 MA000027
20. Payment of wages
20.1 Frequency of payment
Wages will be paid weekly or fortnightly or, by agreement between the employer and
the majority of employees, monthly.
20.2 Method of payment
Wages will be paid by cash, cheque or electronic funds transfer, as determined by the
employer, into the bank or financial institution account nominated by the employee.
21. Accident pay
[Varied by PR994550, PR503634]
[21.1 varied by PR994550; substituted by PR503634 ppc 01Jan11]
21.1 Subject to clause 21.2, an employee is entitled to accident pay in accordance with the
terms of an award made under the Workplace Relations Act 1996 (Cth) that would
have applied to the employee immediately prior to 27 March 2006, a notional
agreement preserving a State award that would have applied to the employee
immediately prior to 1 January 2010 or a Division 2B State award that would have
applied to the employee immediately prior to 1 January 2011:
(a) if the employee had at that time been in their current circumstances of
employment and no agreement-based transitional instrument, enterprise
agreement or Division 2B State employment agreement had applied to the
employee; and
(b) that would have entitled the employee to accident pay in excess of the
employee’s entitlement to accident pay, if any, under any other instrument.
[21.2 substituted by PR994550, PR503634 ppc 01Jan11]
21.2 The employee’s entitlement to accident pay under the award, the notional agreement
preserving a State award or the Division 2B State award is limited to the amount of
accident pay which exceeds the employee’s entitlement to accident pay, if any, under
any other instrument.
21.3 This clause does not operate to diminish an employee’s entitlement to accident pay
under any other instrument.
21.4 This clause ceases to operate on 31 December 2014.
22. Superannuation
[Varied by PR990546, PR990529, PR994550]
22.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act
Health Professionals and Support Services Award 2010
MA000027 21
1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the
superannuation rights and obligations of employers and employees. Under
superannuation legislation individual employees generally have the opportunity
to choose their own superannuation fund. If an employee does not choose a
superannuation fund, any superannuation fund nominated in the award
covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation
legislation.
22.2 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.
22.3 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 22.2.
(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 22.3(a) or (b) no
later than 28 days after the end of the month in which the deduction authorised
under clauses 22.3(a) or (b) was made.
22.4 Superannuation fund
[22.4 varied by PR994550 from 01Jan10]
Unless, to comply with superannuation legislation, the employer is required to make
the superannuation contributions provided for in clause 22.2 to another
superannuation fund that is chosen by the employee, the employer must make the
superannuation contributions provided for in clause 22.2 and pay the amount
authorised under clauses 22.3(a) or (b) to one of the following superannuation funds
or its successor:
(a) First State Super;
(b) Health Industry Plan (HIP);
(c) Health Employees Superannuation Trust of Australia (HESTA);
(d) Health Super;
(e) National Catholic Superannuation Fund;
(f) Mercy Super;
Health Professionals and Support Services Award 2010
22 MA000027
(g) Sunsuper;
(h) Tasplan;
(i) CareSuper;
(j) Australian Superannuation Savings Employment Trust (Asset Super);
(k) UC Super;
(l) Statewide Superannuation Trust; or
(m) 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.
Part 5—Hours of Work and Related Matters
23. Ordinary hours of work
23.1 The ordinary hours of work for a full-time employee will be an average of 38 hours
per week in a fortnight or four week period.
23.2 Not more than 10 ordinary hours of work (exclusive of meal breaks) are to be
worked in any one day.
24. Span of hours
[Varied by PR995380, PR997603, PR998258]
24.1 Unless otherwise stated, the ordinary hours of work for a day worker will be worked
between 6.00 am and 6.00 pm Monday to Friday.
24.2 Private medical, dental and pathology practices
[24.2 varied by PR997603 from 01Jan10]
The ordinary hours of work for a day worker will be worked between 7.30 am and
9.00 pm Monday to Friday and between 8.00 am and 4.30 pm on Saturday.
Health Professionals and Support Services Award 2010
MA000027 23
24.3 Private medical imaging practices
(a) Five and a half day practice
[24.3(a) varied by PR998258 from 01Jan10]
The ordinary hours of work for an employee will be worked between 7.00 am
and 9.00 pm Monday to Friday and between 8.00 am and 1.00 pm on Saturday.
(b) Seven day practice
[24.3(b) varied by PR998258 from 1Jan10]
Where the work location of a practice services patients on a seven day a week
basis, the ordinary hours of work for an employee at that location will be
between 7.00 am and 9.00 pm Monday to Sunday. Work performed on a
Saturday will be paid at the rate of time and a quarter of the employee’s
ordinary rate of pay instead of the loading prescribed in clause 26—Saturday
and Sunday work. Work performed on a Sunday will be paid at the rate of time
and a half of the employee’s ordinary rate of pay instead of the loading
prescribed in clause 26.
[24.4 inserted by PR995380 ppc 23Mar10]
24.4 Physiotherapy practices
In physiotherapy practices, the ordinary hours of work for a day worker will be
worked between 6.00 am and 6.00 pm Monday to Friday and 6.00 am to 12.00 noon
on Saturday.
25. Rostering
(a) The ordinary hours of work for each employee will be displayed on a
fortnightly roster in a place conveniently accessible to employees. The roster
will be posted at least two weeks before the commencement of the roster
period.
(b) Seven days’ notice will be given of a change in a roster. However, a roster may
be altered at any time to enable the functions of the hospital, facility or
organisation to be carried on where another employee is absent from duty on
account of illness or in an emergency.
(c) Unless the employer otherwise agrees, an employee desiring a roster change
will give seven days’ notice except where the employee is ill or in an
emergency.
26. Saturday and Sunday work
26.1 For all ordinary hours worked between midnight Friday and midnight Sunday, a day
worker will be paid their ordinary hourly rate and an additional 50% loading.
26.2 A casual employee who works on a Saturday or Sunday will be paid a loading of
75% for all time worked instead of the casual loading of 25%.
Health Professionals and Support Services Award 2010
24 MA000027
27. Breaks
27.1 Meal breaks
(a) An employee who works in excess of five hours will be entitled to an unpaid
meal break of not less than 30 minutes and not more than 60 minutes.
(b) The time of taking the meal break may be varied by agreement between the
employer and employee.
27.2 Tea breaks
(a) Every employee will be entitled to a paid 10 minute tea break in each four
hours worked at a time to be agreed between the employer and employee.
(b) Subject to agreement between the employer and employee, such breaks may
alternatively be taken as one 20 minute tea break.
(c) Tea breaks will count as time worked.
28. Overtime penalty rates
[Varied by PR994550]
28.1 Overtime rates
(a) An employee who works outside their ordinary hours on any day will be paid
at the rate of:
(i) time and a half for the first two hours; and
(ii) double time thereafter.
(b) All overtime worked on a Sunday will be paid at the rate of double time.
(c) These extra rates will be in substitution for and not cumulative upon the shift
loading prescribed in clause 29—Shiftwork.
(d) Part-time employees
[28.1(d) varied by PR994550 from 01Jan10]
Where agreement has been reached in accordance with clauses 10.3(b) or (c), a
part-time employee who is required by the employer to work in excess of those
agreed hours must be paid overtime in accordance with this clause.
28.2 Rest period after overtime
(a) An employee who works so much overtime between the termination of their
ordinary work on one day and the commencement of ordinary work on the next
day that they have not had at least 10 consecutive hours off duty 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
this absence.
Health Professionals and Support Services Award 2010
MA000027 25
(b) If, on the instructions of the employer, the employee resumes or continues
work without having had 10 hours off duty, the employee will be paid at the
rate of double time until they are released from duty for such a period.
The employee is then entitled to be absent until they have had 10 consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
28.3 Time off instead of payment for overtime
(a) An employee may elect, with the consent of the employer, to take time off
instead of payment for overtime at a time agreed with the employer.
(b) Overtime taken as time off during ordinary hours will be taken at the ordinary
time rate, that is, an hour for each hour worked.
28.4 Recall to work overtime
An employee who is recalled to work overtime after leaving the employer’s premises
will be paid for a minimum of two hours’ work at the appropriate overtime rate.
28.5 Rest break during overtime
An employee working overtime will take a paid rest break of 20 minutes after each
four hours of overtime worked if required to continue work after the break.
29. Shiftwork
[29 varied by PR997603 from 01Jan10]
Where the ordinary rostered hours of work of a shiftworker finish between 6.00 pm and
8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid an additional
of 15% of their ordinary rate of pay.
30. Higher duties
30.1 A Support Services employee engaged in any duties carrying a higher wage rate than
the classification in which they are ordinarily employed in any one day or shift will
be paid at the higher wage rate for:
(a) the time so worked for two hours or less; or
(b) a full day or shift where the time so worked exceeds two hours.
30.2 An employee classified as a Health Professional who is authorised to assume the
duties of another employee on a higher classification under this award for a period of
five or more consecutive working days will be paid for the period for which they
assumed such duties at not less than the minimum rate prescribed for the
classification applying to the employee so relieved.
Health Professionals and Support Services Award 2010
26 MA000027
Part 6—Leave and Public Holidays
31. Annual leave
[Varied by PR995135, PR997007]
Annual leave is provided for in the NES. This clause contains additional provisions.
31.1 Quantum of leave
[31.1 substituted by PR997007 from 01Jan10]
(a) The NES provides that an employee who is defined as a shiftworker under this
clause is entitled to an additional weeks annual leave on the same terms and
conditions.
(b) For the purposes of the NES a shiftworker is an employee who works for more
than four ordinary hours on 10 or more weekends during the year in which
their annual leave accrues.
31.2 Annual leave loading
(a) In addition to their ordinary pay, an employee, other than a shiftworker, will be
paid an annual leave loading of 17.5% of their ordinary rate of pay.
(b) Shiftworkers, in addition to their ordinary pay, will be paid the higher of:
(i) an annual leave loading of 17.5% of their ordinary rate of pay; or
(ii) the weekend and shift penalties the employee would have received had
they not been on leave during the relevant period.
31.3 Leave in advance
(a) An employer may allow an employee to take annual leave either wholly or
partly in advance of an entitlement accruing.
(b) Where annual leave has been taken in advance and the employment of the
employee is terminated before completing the required amount of service to
account for the leave, the employer is entitled to deduct the amount of leave in
advance which is still owing from any remuneration payable to the employee
upon termination of employment.
31.4 Close down periods—dental and medical practices
Where an employer temporarily closes a dental or medical practice, an employee
may be directed to take paid annual leave during part or all of this period provided
such direction is reasonable. Where an employee does not have sufficient accrued
annual leave for this period, they may be required to take annual leave in advance
where such requirement is reasonable.
Health Professionals and Support Services Award 2010
MA000027 27
31.5 Transitional arrangements in Western Australia
[31.5 inserted by PR995135 ppc 26Mar10]
(a) The following transitional arrangements apply to an employer in Western
Australia which, immediately prior to 1 January 2010:
(i) was obliged;
(ii) but for the operation of an agreement-based transitional instrument would
have been obliged; or
(iii) if it had been an employer in the industry or of the occupations covered
by this award would have been obliged
by the terms of an award-based transitional instrument to afford 6 weeks
annual leave to any classification of employee for hours worked other than as a
shift worker.
(b) The employer must afford an employee in that classification one extra week of
annual leave in addition to the leave provided for in s.87(1)(a) of the Act.
(c) To avoid doubt, this provision does not affect any additional entitlement to
annual leave arising under clause 31.1.
(d) This provision ceases to operate on 31 December 2014.
32. Public holidays
Public holidays are provided for in the NES. This clause contains additional provisions.
32.1 Substitution
An employer and the employees may, by agreement, substitute another day for a
public holiday. Where there is no agreement, the employer may substitute another
day but not so as to give an employee less time off work than the employee would
have had if the employee had received the public holiday.
32.2 Payment for working on a public holiday
Any employee required to work on a public holiday will be paid double time and a
half for all time worked.
33. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
34. Community service leave
Community service leave is provided for in the NES.
Health Professionals and Support Services Award 2010
28 MA000027
35. Ceremonial leave
An employee who is legitimately required by Aboriginal tradition to be absent from work for
Aboriginal ceremonial purposes will be entitled to up to 10 working days unpaid leave in any
one year, with the approval of the employer.
Health Professionals and Support Services Award 2010
MA000027 29
Schedule A—Transitional Provisions
[Varied by PR988397, PR994550, PR503634]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
[A.1.2 substituted by PR994550 from 01Jan10]
A.1.2 The provisions of this schedule are to be applied:
(a) when there is a difference, in money or percentage terms, between a provision
in a relevant transitional minimum wage instrument (including the transitional
default casual loading) or award-based transitional instrument on the one hand
and an equivalent provision in this award on the other;
(b) when a loading or penalty in a relevant transitional minimum wage instrument
or award-based transitional instrument has no equivalent provision in this
award;
(c) when a loading or penalty in this award has no equivalent provision in a
relevant transitional minimum wage instrument or award-based transitional
instrument; or
(d) when there is a loading or penalty in this award but there is no relevant
transitional minimum wage instrument or award-based transitional instrument.
[A.1.3 inserted by PR503634 ppc 01Jan11]
A.1.3 To avoid doubt, this schedule operates subject to the transitional pay equity order
referred to in clause 14 of this award.
A.2 Minimum wages – existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
[A.2.1(b) substituted by PR994550 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional
instrument to pay a minimum wage lower than that in this award for any
classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training
arrangements apply and an employee with a disability;
(b) a piecework rate; and
Health Professionals and Support Services Award 2010
30 MA000027
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the minimum wage in the relevant transitional minimum wage instrument and/or
award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and
the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for
the classification in this award minus the specified proportion of the transitional
amount:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.2.6 The employer must apply any increase in minimum wages in this award resulting
from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.3 Minimum wages – existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
[A.3.1(b) substituted by PR994550 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional
instrument to pay a minimum wage higher than that in this award for any
classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training
arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the minimum wage in the relevant transitional minimum wage instrument and/or
award-based transitional instrument for the classification concerned.
Health Professionals and Support Services Award 2010
MA000027 31
A.3.4 The difference between the minimum wage for the classification in this award and
the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for
the classification in this award plus the specified proportion of the transitional
amount:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.3.6 The employer must apply any increase in minimum wages in this award resulting
from an annual wage review. If the transitional amount is equal to or less than any
increase in minimum wages resulting from the 2010 annual wage review the
transitional amount is to be set off against the increase and the other provisions of
this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
casual or part-time loading;
Saturday, Sunday, public holiday, evening or other penalty;
shift allowance/penalty.
A.5 Loadings and penalty rates – existing loading or penalty rate lower
[A.5.1 substituted by PR994550 from 01Jan10]
A.5.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based
transitional instrument to pay a particular loading or penalty at a lower rate than the
equivalent loading or penalty in this award for any classification of employee.
[A.5.2 substituted by PR994550 from 01Jan10]
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the loading or penalty in the relevant transitional minimum wage instrument or
award-based transitional instrument for the classification concerned.
Health Professionals and Support Services Award 2010
32 MA000027
A.5.3 The difference between the loading or penalty in this award and the rate in
clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty
in this award minus the specified proportion of the transitional percentage:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.6 Loadings and penalty rates – existing loading or penalty rate higher
[A.6.1 substituted by PR994550 from 01Jan10]
A.6.1 The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an
enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this
award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based
transitional instrument to pay a particular loading or penalty at a higher rate than the
equivalent loading or penalty in this award, or to pay a particular loading or penalty
and there is no equivalent loading or penalty in this award, for any classification of
employee.
[A.6.2 substituted by PR994550 from 01Jan10]
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the loading or penalty in the relevant transitional minimum wage instrument or
award-based transitional instrument.
[A.6.3 substituted by PR994550 from 01Jan10]
A.6.3 The difference between the loading or penalty in this award and the rate in
clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent
loading or penalty in this award, the transitional percentage is the rate in A.6.2.
Health Professionals and Support Services Award 2010
MA000027 33
A.6.4 From the following dates the employer must pay no less than the loading or penalty
in this award plus the specified proportion of the transitional percentage:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.7 Loadings and penalty rates – no existing loading or penalty rate
[A.7.1 substituted by PR994550 from 01Jan10]
A.7.1 The following transitional arrangements apply to an employer not covered by
clause A.5 or A.6 in relation to a particular loading or penalty in this award.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the
loading or penalty in this award.
[A.7.3 substituted by PR994550 from 01Jan10]
A.7.3 From the following dates the employer must pay no less than the following
percentage of the loading or penalty in this award:
First full pay period on or after
1 July 2010 20%
1 July 2011 40%
1 July 2012 60%
1 July 2013 80%
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.
A.8 Former Division 2B employers
[A.8 inserted by PR503634 ppc 01Jan11]
A.8.1 This clause applies to an employer which, immediately prior to 1 January 2011, was
covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are
continued in effect until the end of the full pay period commencing before
1 February 2011.
A.8.3 Subject to this clause, from the first full pay period commencing on or after
1 February 2011 a Division 2B employer must pay no less than the minimum wages,
loadings and penalty rates which it would be required to pay under this Schedule if it
had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division
2B State award immediately prior to 1 February 2011 was lower than the
Health Professionals and Support Services Award 2010
34 MA000027
corresponding minimum wage, loading or penalty rate in this award, nothing in this
Schedule requires a Division 2B employer to pay more than the minimum wage,
loading or penalty rate in this award.
A.8.5 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division
2B State award immediately prior to 1 February 2011 was higher than the
corresponding minimum wage, loading or penalty rate in this award, nothing in this
Schedule requires a Division 2B employer to pay less than the minimum wage,
loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the
beginning of the first full pay period on or after 1 January 2011 and ceases to operate
from the beginning of the first full pay period on or after 1 July 2014.
Health Professionals and Support Services Award 2010
MA000027 35
Schedule B—Classification Definitions
[Varied by PR988397]
B.1 Support Services employees—definitions
B.1.1 Support Services employee—level 1
Entry level:
An employee with less than three months work experience in the industry and who performs
basic duties.
An employee at this level:
works within established routines, methods and procedures;
has minimal responsibility, accountability or discretion;
works under direct or routine supervision, either individually or in a team; and
is not required to have previous experience or training.
Indicative roles at this level are:
General and administrative
services
Food services Technical and clinical
Assistant gardener
Car park attendant
Cleaner
General clerk
Hospital orderly
Incinerator operator
Laundry hand
Seamsperson
Food and domestic services
assistant
Animal house attendant
CSSD attendant
Darkroom processor
Dental assistant (unqualified)
Laboratory assistant
Medical imaging support
Orthotic technician
Recording attendant
(including EEG & ECG)
Social work/Welfare aide
Theatre attendant
B.1.2 Support Services employee—level 2
An employee at this level:
is capable of prioritising work within established routines, methods and procedures;
is responsible for work performed with a limited level of accountability or
discretion;
Health Professionals and Support Services Award 2010
36 MA000027
works under limited supervision, either individually or in a team;
possesses sound communication skills; and
requires specific on-the-job training and/or relevant skills training or experience.
In addition to level 1, other indicative roles at this level are:
General and administrative
services
Food services Technical and clinical
Driver (less than 3 tonne)
Gardener (non-trade)
General clerk/Typist (between
3 months and less than
1 years service)
Housekeeper
Maintenance/Handyperson
(unqualified)
Storeperson
Diet cook (a person
responsible for the conduct of
a diet kitchen; an unqualified
(non-trade) cook employed as
a sole cook in a kitchen.
Instrument technician
Personal care worker grade 1
B.1.3 Support Services employee—level 3
An employee, other than an administrative/clerical employee, at this level:
is capable of prioritising work within established routines, methods and procedures;
is responsible for work performed with a medium level of accountability or
discretion;
works under limited supervision, either individually or in a team;
possesses sound communication and/or arithmetic skills; and
requires specific on-the-job training and/or relevant skills training or experience.
An administrative/clerical employee at this level undertakes a range of basic clerical functions
within established routines, methods and procedures.
Indicative roles performed at this level are:
General and administrative
services
Food services Technical and clinical
Driver (less than 3 tonne)
who is required to hold a St
John Ambulance first aid
certificate.
General clerk/Typist (second
and subsequent years of
service)
Receptionist
Food monitor (an employee
whose primary function is to
liaise with patients and staff
to obtain appropriate meal
requirements of patients, and
to tally and collate the overall
results).
Instrument technician
Laboratory assistant
Personal care worker grade 2
Theatre technician
Health Professionals and Support Services Award 2010
MA000027 37
B.1.4 Support Services employee—level 4
An employee at this level:
is capable of prioritising work within established policies, guidelines and
procedures;
is responsible for work performed with a medium level of accountability or
discretion;
works under limited supervision, either individually or in a team;
possesses good communication, interpersonal and/or arithmetic skills; and
requires specific on-the-job training, may require formal qualifications and/or
relevant skills training or experience at Certificate III level.
Indicative roles performed at this level are:
General and administrative
services
Food services Technical and clinical
Clerk (ward, casualty,
medical records etc.)
Driver (3 tonne and over)
Gardener (trade)
Medical imaging
administration
Printer (trade)
Security officer
Trade cook Dental assistant (qualified)
Dental technician
Instrument technician
(qualified)
Orthotic technician
Pathology collector
Pathology technician
Personal care worker grade 3
Theatre technician (qualified)
B.1.5 Support Services employee—level 5
An employee at this level:
is capable of functioning semi autonomously, and prioritising their own work
within established policies, guidelines and procedures;
is responsible for work performed with a substantial level of accountability;
works either individually or in a team;
in the case of an administrative/clerical employee, requires a comprehensive
knowledge of medical terminology and/or a working knowledge of health
insurance schemes;
may require basic computer knowledge or be required to use a computer on a
regular basis;
possesses administrative skills and problem solving abilities;
Health Professionals and Support Services Award 2010
38 MA000027
possesses well developed communication, interpersonal and/or arithmetic skills;
and
requires substantial on-the-job training and may require formal qualifications at
trade or certificate level and/or relevant skills training or experience.
Indicative roles performed at this level are:
General and administrative
services
Food services Technical and clinical
Interpreter (unqualified)
Medical audio typist
Medical imaging
administration
Medical stenographer
Secretary
Senior cook Dental assistant
Orthotic technician
Pathology collector
Personal care worker grade 4
Pharmacy technician
Theatre technician
B.1.6 Support Services employee—level 6
An employee at this level:
is capable of functioning with a high level of autonomy, and prioritising their work
within established policies, guidelines and procedures;
is responsible for work performed with a substantial level of accountability and
responsibility;
works either individually or in a team;
may require comprehensive computer knowledge or be required to use a computer
on a regular basis;
possesses administrative skills and problem solving abilities;
possesses well developed communication, interpersonal and/or arithmetic skills;
and
may require formal qualifications at post-trade or Advanced Certificate or
Associate Diploma level and/or relevant skills training or experience.
Indicative roles performed at this level are:
General and administrative
services
Food services Technical and clinical
Computer clerk (advanced)
Gardener (advanced)
Pay clerk (advanced)
Library technician
Chef Anaesthetic technician
Pathology collector
Pathology technician
Pharmacy technician
Health Professionals and Support Services Award 2010
MA000027 39
General and administrative
services
Food services Technical and clinical
Medical imaging
administration
Printer (advanced)
B.1.7 Support Services employee—level 7
An employee at this level:
is capable of functioning autonomously, and prioritising their work and the work of
others within established policies, guidelines and procedures;
is responsible for work performed with a substantial level of accountability and
responsibility;
may supervise the work of others, including work allocation, rostering and
guidance;
works either individually or in a team;
may require comprehensive computer knowledge or be required to use a computer
on a regular basis;
possesses developed administrative skills and problem solving abilities;
possesses well developed communication, interpersonal and/or arithmetic skills;
and
may require formal qualifications at trade or Advanced Certificate or Associate
Diploma level and/or relevant skills training or experience.
Indicative roles performed at this level are:
General and administrative
services
Food services Technical and clinical
Gardener superintendent
General clerical supervisor
General services supervisor
Interpreter (qualified)
Medical imaging
Administration
Food services supervisor
Senior chef
Personal care worker grade 5
Technical and therapy
supervisor
B.1.8 Support Services employee—level 8
Employees at this level will typically have worked or studied in a relevant field and will have
achieved a standard of relevant and/or specialist knowledge and experience sufficient to
enable them to independently advise on a range of activities and features and contribute, as
required, to the determination of objectives, within the relevant field/s of their expertise.
Health Professionals and Support Services Award 2010
40 MA000027
They are responsible and accountable for their own work; and may have delegated
responsibility for the work under their control or supervision, in terms of, inter alia,
scheduling workloads, resolving operations problems, monitoring the quality of work
produced as well as counselling staff for performance as well as work related matters.
They would also be able to train and to supervise employees in lower levels by means of
personal instruction and demonstration. They often exercise initiative, discretion and
judgment in the performance of their duties.
The possession of relevant post secondary qualifications may be appropriate but not essential.
Indicative typical duties and skills in this level may include:
operating and having responsibility for a complex and diverse payroll system;
applying detailed knowledge of the organisation’s objectives, performance,
projected areas of growth, product trends and general industry conditions for the
purposes of assisting in developing policy or new products and services to meet
changing market needs or other circumstances;
using computer software packages including evaluating and determining optimum
software solutions or the integration of complex word processing/data/graphics
text;
finalising quotations or costings by applying a detailed knowledge of variable
inputs, margins, market conditions, supply and delivery arrangements; or
preparing internal reports for management in any or all of the following areas:
(a) account/financial;
(b) staffing;
(c) legislative requirement; and
(d) other significant company activities/operations.
B.1.9 Support Services employee—level 9
Work at this level is usually performed in relation to established priorities, task methodology
and work practices to achieve results in line with the organisation goals.
The work may include preparing papers and reports, drafting complex correspondence for
senior employees, undertaking activities of a specialist or detailed nature, assisting in the
preparation of procedural guidelines, providing, interpreting and analysing information for
clients or other interested parties, exercising specific process responsibilities, and overseeing
and co-ordinating the work of subordinate staff.
Work at this level includes supervision of a work group, small work area or office within the
total organisational structure and co-ordination of a range of organisation functions.
Work is performed under general direction as to work priorities and may be of a technical or
professional, project, procedural or processing nature, or a combination of these.
Direction exercised over work performed at this level may be less direct than at lower levels
and is usually related to task methodologies and work practices. Employees at this level are
expected to set priorities and to monitor work flow in the area of responsibility.
Health Professionals and Support Services Award 2010
MA000027 41
The work at this level requires the application of knowledge usually gained through previous
experience in the discipline or from post secondary or tertiary study. The work may require
the co-ordination of a range of organisation functions and the exercising of judgment and/or
delegated authority in areas where precedents or procedures are not clearly defined.
Independent action may be exercised at this level, e.g. developing procedures, management
strategies and guidelines.
Indicative typical duties and skills at this level may include:
supervising staff, setting priorities, monitoring work flow, and the development of
strategies or work practices;
having responsibility for the development of appropriate training programmes
related to group development;
applying equal employment opportunity and industrial relations principles;
providing advice in relation to personal and career development related to work
requirements;
liaising or communicating with clients or other interested groups;
general knowledge of the organisation’s operations, combined with specialist
knowledge of major activities within the work area; or
being able to investigate interpret or evaluate information where legislation,
regulations, instructions or procedural guidelines do not give adequate or specific
answers.
B.2 Health Professional employees—definitions
A list of common health professionals which are covered by the definitions is contained in
Schedule C—List of Common Health Professionals.
B.2.1 Health Professional—level 1
Positions at level 1 are regarded as entry level health professionals and for initial years of
experience.
This level is the entry level for new graduates who meet the requirement to practise as a
health professional (where appropriate in accordance with their professional association’s
rules and be eligible for membership of their professional association) or such qualification as
deemed acceptable by the employer. It is also the level for the early stages of the career of a
health professional.
B.2.2 Health Professional—level 2
A health professional at this level works independently and is required to exercise
independent judgment on routine matters. They may require professional supervision from
more senior members of the profession or health team when performing novel, complex, or
critical tasks. They have demonstrated a commitment to continuing professional development
and may have contributed to workplace education through provision of seminars, lectures or
in-services. At this level the health professional may be actively involved in quality
improvement activities or research.
Health Professionals and Support Services Award 2010
42 MA000027
At this level the health professional contributes to the evaluation and analysis of guidelines,
policies and procedures applicable to their clinical/professional work and may be required to
contribute to the supervision of discipline specific students.
B.2.3 Health Professional—level 3
A health professional at this level would be experienced and be able to independently apply
professional knowledge and judgment when performing novel, complex, or critical tasks
specific to their discipline. At this level health professionals will have additional
responsibilities.
An employee at this level:
works in an area that requires high levels of specialist knowledge and skill as
recognised by the employer;
is actively contributing to the development of professional knowledge and skills in
their field of work as demonstrated by positive impacts on service delivery,
positive referral patterns to area of expertise and quantifiable/measurable
improvements in health outcomes;
may be a sole discipline specific health professional in a metropolitan, regional or
rural setting who practices in professional isolation from health professionals from
the same discipline;
is performing across a number of recognised specialties within a discipline;
may be accountable for allocation and/or expenditure of resources and ensuring
targets are met and is responsible for ensuring optimal budget outcomes for their
customers and communities;
may be responsible for providing regular feedback and appraisals for senior staff to
improve health outcomes for customers and for maintaining a performance
management system; and
is responsible for providing support for the efficient, cost effective and timely
delivery of services.
B.2.4 Health Professional—level 4
A health professional at this level applies a high level of professional judgment and
knowledge when performing a wide range of novel, complex, and critical tasks, specific to
their discipline.
An employee at this level:
has a proven record of achievement at a senior level;
has the capacity to allocate resources, set priorities and ensure budgets are met
within a large and complex organisation;
may be responsible to the executive for providing effective services and ensuring
budget/strategic targets are met;
supervises staff where required; and
Health Professionals and Support Services Award 2010
MA000027 43
is expected to develop/implement and deliver strategic business plans which
increase the level of care to customers within a budget framework.
Health Professionals and Support Services Award 2010
44 MA000027
Schedule C—List of Common Health Professionals
[Varied by PR988397, PR991493, PR994550]
Acupuncturist
Aromatherapist
Art Therapist
Audiologist
Biomedical Engineer
Biomedical Technologist
[Cardiac Technologist Health Information Manager deleted by PR994550 from 01Jan10]
[Cardiac Technologist inserted by PR994550 from 01Jan10]
Cardiac Technologist
Child Psychotherapist
Chiropractor
Client Advisor/Rehabilitation Consultant
Clinical Perfusionist
Community Development Worker
Counsellor
Dental Therapist
Dietician
Diversional Therapist
Exercise Physiologist
Genetics Counsellor
[Health Information Manager inserted by PR994550 from 01Jan10]
Health Information Manager
Homeopathist
Masseur, Remedial
Medical Imaging Technologist (MIT)
(Including: Medical Radiographer; Ultrasonographer; Magnetic Resonance Imaging
Technologist; Nuclear Medicine Technologist; and Radiation Therapist)
Medical Laboratory Technician
Health Professionals and Support Services Award 2010
MA000027 45
Medical Librarian
Medical Photographer/Illustrator
Medical Record Administrator
Medical Technician/Renal Dialysis Technician
Musculoskeletal Therapist
Music Therapist
Myotherapist
Naturopathist
Nuclear Medicine Technologist (NMT)
Occupational Therapist
Orthoptist
Osteopath
Pastoral Carer
Pharmacist
Physiotherapist
Play Therapist
Podiatrist
Prosthetist/Orthotist
Psychologist
Radiation Therapy Technologist (RTT)
Recreation Therapist
Reflexologist
Research Technologist
Medical Scientist
Social Worker
Sonographer
Speech Pathologist
Welfare Worker
Youth Worker
Health Professionals and Support Services Award 2010
46 MA000027
Schedule D—Supported Wage System
[Varied by PR988397, PR994550, PR998748, PR510670, PR525068]
D.1 This schedule defines the conditions which will apply to employees who because of
the effects of a disability are eligible for a supported wage under the terms of this
award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established
by the Commonwealth under the supported wage system to perform assessments of
an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage
system that records the assessment of the productive capacity of the person to be
employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide
income security for persons with a disability as provided under the Social Security
Act 1991, as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the
class of work for which an employee is engaged
supported wage system means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a disability,
as documented in the Supported Wage System Handbook. The Handbook is
available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the
Department of Education, Employment and Workplace Relations that records the
employee’s productive capacity and agreed wage rate
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the
range of duties to the competence level required within the class of work for which
the employee is engaged under this award, because of the effects of a disability on
their productive capacity and who meet the impairment criteria for receipt of a
disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the
employer which is subject to the provisions of workers compensation legislation or
any provision of this award relating to the rehabilitation of employees who are
injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of
the relevant minimum wage according to the following schedule:
Health Professionals and Support Services Award 2010
MA000027 47
Assessed capacity (clause D.5)
%
Relevant minimum wage
%
10 10
20 20
30 30
40 40
50 50
60 60
70 70
80 80
90 90
[D.4.2 varied by PR994550, PR998748, PR510670, PR525068 ppc 01Jul12]
D.4.2 Provided that the minimum amount payable must be not less than $76 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of
assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the
productive capacity of the employee will be assessed in accordance with the
Supported Wage System by an approved assessor, having consulted the employer
and employee and, if the employee so desires, a union which the employee is eligible
to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage
assessment agreement, and retained by the employer as a time and wages record in
accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
[D.6.1 varied by PR994550 from 01Jan10]
D.6.1 All SWS wage assessment agreements under the conditions of this schedule,
including the appropriate percentage of the relevant minimum wage to be paid to the
employee, must be lodged by the employer with Fair Work Australia.
[D.6.2 varied by PR994550 from 01Jan10]
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee
and employer parties to the assessment. Where a union which has an interest in the
award is not a party to the assessment, the assessment will be referred by Fair Work
Australia to the union by certified mail and the agreement will take effect unless an
objection is notified to Fair Work Australia within 10 working days.
Health Professionals and Support Services Award 2010
48 MA000027
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent
review on the basis of a reasonable request for such a review. The process of review must be
in accordance with the procedures for assessing capacity under the supported wage system.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant
minimum wage only. Employees covered by the provisions of this schedule will be entitled to
the same terms and conditions of employment as other workers covered by this award on a
pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take
reasonable steps to make changes in the workplace to enhance the employee’s capacity to do
the job. Changes may involve re-design of job duties, working time arrangements and work
organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an
employer may employ a person under the provisions of this schedule for a trial
period not exceeding 12 weeks, except that in some cases additional work adjustment
time (not exceeding four weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the
percentage of the relevant minimum wage for a continuing employment relationship
will be determined.
[D.10.3 varied by PR994550, PR998748, PR510670, PR525068 ppc 01Jul12]
D.10.3 The minimum amount payable to the employee during the trial period must be no
less than $76 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being
trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract of
employment will be entered into based on the outcome of assessment under
clause D.5.
Health Professionals and Support Services Award 2010
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Schedule E—National Training Wage
[Varied by PR988397; substituted by PR994550 ppc 01Jan10; varied by PR509058, PR522889]
E.1 Title
This is the National Training Wage Schedule.
E.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage
Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for
qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of
January in each year and is deemed to:
(e) include any period of schooling beyond Year 10 which was not part of or did
not contribute to a completed year of schooling;
(f) include any period during which a trainee repeats in whole or part a year of
schooling beyond Year 10; and
(g) not include any period during a calendar year in which a year of schooling is
completed
relevant State or Territory training authority means the bodies in the relevant
State or Territory which exercise approval powers in relation to traineeships and
register training contracts under the relevant State or Territory vocational education
and training legislation
relevant State or Territory vocational education and training legislation means
the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
Health Professionals and Support Services Award 2010
50 MA000027
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant
State or Territory training authority, which meets the requirements of a training
package developed by the relevant Industry Skills Council and endorsed by the
National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer
and an employee which is registered with the relevant State or Territory training
authority
training package means the competency standards and associated assessment
guidelines for an AQF certificate level qualification which have been endorsed for an
industry or enterprise by the National Quality Council and placed on the National
Training Information Service with the approval of the Commonwealth, State and
Territory Ministers responsible for vocational education and training, and includes
any relevant replacement training package
year 10 includes any year before Year 10
E.3 Coverage
E.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule, this schedule applies in respect of
an employee covered by this award who is undertaking a traineeship whose training
package and AQF certificate level is allocated to a wage level by Appendix E1 to this
schedule or by clause E.5.4 of this schedule.
E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a
relevant AQF Certificate Level III traineeship is listed in Appendix E1 to this
schedule.
E.3.3 This schedule does not apply to the apprenticeship system or to any training program
which applies to the same occupation and achieves essentially the same training
outcome as an existing apprenticeship in an award as at 25 June 1997.
E.3.4 This schedule does not apply to qualifications not identified in training packages or
to qualifications in training packages which are not identified as appropriate for a
traineeship.
E.3.5 Where the terms and conditions of this schedule conflict with other terms and
conditions of this award dealing with traineeships, the other terms and conditions of
this award prevail.
E.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
E.4 Types of traineeship
The following types of traineeship are available under this schedule:
E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary
hours being approved training; and
E.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of
ordinary hours being approved training solely on-the-job or partly on-the-job and
partly off-the-job, or where training is fully off-the-job.
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E.5 Minimum wages
[E.5 substituted by PR997907, PR509058, PR522889 ppc 01Jul12]
E.5.1 Minimum wages for full-time traineeships
(a) Wage Level A
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee
undertaking a full-time AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to Wage Level A by
Appendix E1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per week per week per week
$ $ $
School leaver 272.40 300.10 357.50
Plus 1 year out of school 300.10 357.50 416.00
Plus 2 years out of school 357.50 416.00 484.10
Plus 3 years out of school 416.00 484.10 554.30
Plus 4 years out of school 484.10 554.30
Plus 5 or more years out of school 554.30
(b) Wage Level B
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee
undertaking a full-time AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to Wage Level B by Appendix
E1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per week Per week per week
$ $ $
School leaver 272.40 300.10 347.90
Plus 1 year out of school 300.10 347.90 400.10
Plus 2 years out of school 347.90 400.10 469.20
Plus 3 years out of school 400.10 469.20 535.20
Plus 4 years out of school 469.20 535.20
Plus 5 or more years out of school 535.20
(c) Wage Level C
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee
undertaking a full-time AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to Wage Level C by Appendix
E1 are:
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52 MA000027
Highest year of schooling completed
Year 10 Year 11 Year 12
per week per week per week
$ $ $
School leaver 272.40 300.10 347.90
Plus 1 year out of school 300.10 347.90 391.50
Plus 2 years out of school 347.90 391.50 437.30
Plus 3 years out of school 391.50 437.30 487.30
Plus 4 years out of school 437.30 487.30
Plus 5 or more years out of school 487.30
(d) AQF Certificate Level IV traineeships
(i) Subject to clause E.5.3 of this schedule, the minimum wages for a trainee
undertaking a full-time AQF Certificate Level IV traineeship are the
minimum wages for the relevant full-time AQF Certificate Level III
traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause E.5.3 of this schedule, the minimum wages for an adult
trainee undertaking a full-time AQF Certificate Level IV traineeship are
as follows, provided that the relevant wage level is that for the relevant
AQF Certificate Level III traineeship:
Wage level First year of
traineeship
Second and
subsequent years of
traineeship
per week per week
$ $
Wage Level A 575.60 598.00
Wage Level B 555.40 576.70
Wage Level C 505.40 524.60
E.5.2 Minimum wages for part-time traineeships
(a) Wage Level A
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a
trainee undertaking a part-time AQF Certificate Level I–III traineeship whose
training package and AQF certificate levels are allocated to Wage Level A by
Appendix E1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
$ $ $
School leaver 8.96 9.88 11.76
Plus 1 year out of school 9.88 11.76 13.69
Plus 2 years out of school 11.76 13.69 15.93
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Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
$ $ $
Plus 3 years out of school 13.69 15.93 18.23
Plus 4 years out of school 15.93 18.23
Plus 5 or more years out of school 18.23
(b) Wage Level B
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a
trainee undertaking a part-time AQF Certificate Level I–III traineeship whose
training package and AQF certificate levels are allocated to Wage Level B by
Appendix E1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
$ $ $
School leaver 8.96 9.88 11.45
Plus 1 year out of school 9.88 11.45 13.16
Plus 2 years out of school 11.45 13.16 15.44
Plus 3 years out of school 13.16 15.44 17.61
Plus 4 years out of school 15.44 17.61
Plus 5 or more years out of school 17.61
(c) Wage Level C
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a
trainee undertaking a part-time AQF Certificate Level I–III traineeship whose
training package and AQF certificate levels are allocated to Wage Level C by
Appendix E1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
$ $ $
School leaver 8.96 9.88 11.45
Plus 1 year out of school 9.88 11.45 12.88
Plus 2 years out of school 11.45 12.88 14.39
Plus 3 years out of school 12.88 14.39 16.03
Plus 4 years out of school 14.39 16.03
Plus 5 or more years out of school 16.03
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(d) School-based traineeships
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a
trainee undertaking a school-based AQF Certificate Level I–III traineeship
whose training package and AQF certificate levels are allocated to Wage
Levels A, B or C by Appendix E1 are as follows when the trainee works
ordinary hours:
Year of schooling
Year 11 or lower Year 12
per hour per hour
$ $
8.96 9.88
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum
wages for a trainee undertaking a part-time AQF Certificate Level IV
traineeship are the minimum wages for the relevant part-time AQF
Certificate Level III traineeship with the addition of 3.8% to those
minimum wages.
(ii) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum
wages for an adult trainee undertaking a part-time AQF Certificate Level
IV traineeship are as follows, provided that the relevant wage level is that
for the relevant AQF Certificate Level III traineeship:
Wage level First year of
traineeship
Second and
subsequent years
of traineeship
per hour per hour
$ $
Wage Level A 18.94 19.67
Wage Level B 18.26 18.97
Wage Level C 16.63 17.26
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of
38 per week, the appropriate hourly minimum wage is obtained by
multiplying the relevant minimum wage in clauses E.5.2(a)–(e) of this
schedule by 38 and then dividing the figure obtained by the full-time
ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully
off-the-job by a registered training organisation, for example at school or
at TAFE, the relevant minimum wage in clauses E.5.2(a)–(e) of this
schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken
solely on-the-job or partly on-the-job and partly off-the-job, the relevant
minimum wage in clauses E.5.2(a)–(e) of this schedule minus 20%
applies to each ordinary hour worked by the trainee.
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E.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to
becoming a trainee with that employer must not suffer a reduction in their
minimum wage per week or per hour by virtue of becoming a trainee. Casual
loadings will be disregarded when determining whether the employee has
suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF
Certificate Level III traineeship, or from an AQF Certificate Level III to an
AQF Certificate Level IV traineeship, then the trainee must be paid the next
highest minimum wage provided in this schedule, where a higher minimum
wage is provided for the new AQF certificate level.
E.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I–III
traineeship whose training package and AQF certificate level are not allocated to a
wage level by Appendix E1 is the relevant minimum wage under this schedule for a
trainee undertaking an AQF Certificate to Level I–III traineeship whose training
package and AQF certificate level are allocated to Wage Level B.
E.6 Employment conditions
E.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the
trainee, be paid an additional loading of 25% on all ordinary hours worked instead of
paid annual leave, paid personal/carer’s leave and paid absence on public holidays,
provided that where the trainee works on a public holiday then the public holiday
provisions of this award apply.
E.6.2 A trainee is entitled to be released from work without loss of continuity of
employment and to payment of the appropriate wages to attend any training and
assessment specified in, or associated with, the training contract.
E.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship,
in attending any training and assessment specified in, or associated with, the training
contract is to be regarded as time worked for the employer for the purposes of
calculating the trainee’s wages and determining the trainee’s employment conditions.
E.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award
apply to a trainee unless specifically varied by this schedule.
Health Professionals and Support Services Award 2010
56 MA000027
Appendix E1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
E1.1 Wage Level A
Training package AQF certificate level
Aeroskills II
Aviation I
II
III
Beauty III
Business Services I
II
III
Chemical, Hydrocarbons and Refining I
II
III
Civil Construction III
Coal Training Package II
III
Community Services II
III
Construction, Plumbing and Services
Integrated Framework
I
II
III
Correctional Services II
III
Drilling II
III
Electricity Supply Industry—Generation
Sector
II
III (in Western Australia only)
Electricity Supply Industry—Transmission,
Distribution and Rail Sector
II
Electrotechnology I
II
III (in Western Australia only)
Financial Services I
II
III
Floristry III
Food Processing Industry III
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Training package AQF certificate level
Gas Industry III
Information and Communications
Technology
I
II
III
Laboratory Operations II
III
Local Government (other than Operational
Works Cert I and II)
I
II
III
Manufactured Mineral Products III
Manufacturing I
II
III
Maritime I
II
III
Metal and Engineering (Technical) II
III
Metalliferous Mining II
III
Museum, Library and Library/Information
Services
II
III
Plastics, Rubber and Cablemaking III
Public Safety III
Public Sector II
III
Pulp and Paper Manufacturing Industries III
Retail Services (including wholesale and
Community pharmacy)
III
Telecommunications II
III
Textiles, Clothing and Footwear III
Tourism, Hospitality and Events I
II
III
Training and Assessment III
Transport and Distribution III
Water Industry (Utilities) III
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E1.2 Wage Level B
Training package AQF certificate level
Animal Care and Management I
II
III
Asset Maintenance I
II
III
Australian Meat Industry I
II
III
Automotive Industry Manufacturing II
III
Automotive Industry Retail, Service and
Repair
I
II
III
Beauty II
Caravan Industry II
III
Civil Construction I
Community Recreation Industry III
Entertainment I
II
III
Extractive Industries II
III
Fitness Industry III
Floristry II
Food Processing Industry I
II
Forest and Forest Products Industry I
II
III
Furnishing I
II
III
Gas Industry I
II
Health II
III
Local Government (Operational Works) I
II
Manufactured Mineral Products I
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Training package AQF certificate level
II
Metal and Engineering (Production) II
III
Outdoor Recreation Industry I
II
III
Plastics, Rubber and Cablemaking II
Printing and Graphic Arts II
III
Property Services I
II
III
Public Safety I
II
Pulp and Paper Manufacturing Industries I
II
Retail Services I
II
Screen and Media I
II
III
Sport Industry II
III
Sugar Milling I
II
III
Textiles, Clothing and Footwear I
II
Transport and Logistics I
II
Visual Arts, Craft and Design I
II
III
Water Industry I
II
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E1.3 Wage Level C
Training package AQF certificate level
Agri-Food I
Amenity Horticulture I
II
III
Conservation and Land Management I
II
III
Funeral Services I
II
III
Music I
II
III
Racing Industry I
II
III
Rural Production I
II
III
Seafood Industry I
II
III