News

Changes to the Nurses Award

Published 7 September 2021

 

The Nurses Award 2010 will be replaced by the Nurses Award 2020 on 9 September 2021. Variations have been made to several clauses of the Award to ensure wording is consistent and clauses are expressly cross-referenced to give clarity to their meaning. 

Pay rates updated

Rates of pay and allowances effective from the start of the first full pay period on or after 1 July 2021, have been added to clause 14 of the Award as per the Annual Wage Review 2020-21 decision.

Pandemic-related leave

  • Schedule X.1 of Schedule X titled 'Additional Measures During the COVID-19 Pandemic's period of operation' has been extended to operate to 31 December 2021.
  • This means employees remain entitled to take up to two weeks’ unpaid pandemic leave or a longer period if agreed, along with, if eligible, annual leave at half pay, subject to the conditions contained within this Schedule to the Award.
  • See the Fair Work Commission determination AM2021/15 and Ors to have Schedule X of the Nurses Award 2020 operative until 31 December 2021.

Changes relevant to casual employees

Clause 28.6 of the Award headed 'Additional leave days by mutual agreement' has been varied to clearly state that it does not apply to casual employees.

The Nurses Award 2020 provides clarity to employers as to how the casual loading interacts with shift loadings and Saturday and Sunday ordinary hours and overtime.

For example:

  • The definition of ‘casual hourly rate‘ in clause 2 will cross-reference clause 11.2 to maintain consistency and establish a uniform definition throughout the Award.
  • Clause 11.5 of the Nurses Award 2010 has been redrafted to better explain the relationship between casual loading and shift work to make it clear the ‘ordinary rate of pay’ for casual employees is the casual loaded rate.

What does this mean for calculating pays for casual employees?

Afternoon and night shifts (Monday to Friday)

In contrast to overtime rates, afternoon and night shifts are payable as a plus, plus rate.

See clause 20.1 of the Nurses Award 2020 for the definition of shift work.

What is a plus, plus rate? It is the sum of the shift loading and the casual loading added to the permanent base rate of pay.

For example:

  • A Registered Nurse (RN) Level 1 Pay Point 1 is currently entitled to a minimum base rate of pay of $25.79/hour.
  • The afternoon shift loading is 12.5 per cent of the base rate of pay, represented as a dollar figure this is $3.22.
  • The casual loading is 25 per cent of the base rate of pay, represented as a dollar figure this is $6.45.
  • The sum of the afternoon shift loading and the casual loading is: $3.22 + $6.45 = $9.67 applied to the base rate of pay is $25.79 = $35.46.

Ordinary hours on a Saturday and a Sunday (applies to both day workers and shift workers)

See clause 21 of the Nurses Award 2020 for the definitions of Saturday and Sunday work. The Saturday and Sunday ordinary hour penalty rates are applied to the casually loaded hourly rate of pay.

For example:

  • On a Saturday, a casual employee would receive time and a half or 1.5 x the permanent base rate of pay.
  • In our RN example, this means: $25.79 x 1.5 = the rate payable to this employee for ordinary hours performed on a Saturday.
  • Saturday work attracts a shift loading of 150 per cent on the casually loaded rate of pay.
  • Sunday work attracts a shift loading of 175 per cent on the casually loaded rate of pay.

Penalties for insufficient rest breaks between shifts/days

  • Clauses 13.4(c) of the Award headed 'Rest breaks between rostered work' requires that where an employee has less than 10 consecutive hours off duty, or eight consecutive hours as agreed, a casual employee will receive double time on the casually loaded rate of pay.
  • Clause 19.4(c) headed 'Rest period after overtime' requires that where an employee has less than 10 consecutive hours off duty, must be paid at double time on the casually loaded rate until released from duty for such a period.

Ordinary hours on a public holiday

Clause 28.2(b) of the Nurses Award 2010 headed 'Payment for work done on public holidays' have been varied to more clearly identify that the penalty rates specified are applied to the ‘casual hourly rate in the case of a casual employee’. Casual employees receive double time on the casually loaded rate.

For example:

  • Our RN detailed above would receive a rate of pay for ordinary hours performed on a public holiday of $32.24 (the casually loaded rate) x 2.

Overtime

Overtime applies on the casually loaded rate, see clause 19.2 of the Award.

  • The first two hours of overtime worked by employees, Monday to Saturday attracts time and a half on the casually loaded rate.
  • Plus two hours of overtime worked Monday to Saturday and overtime worked on Sunday attracts double time on the casually loaded rate.
  • Overtime worked on a public holiday is payable at double time and a half on the casually loaded rate.

Contact Workplace Relations Team