New 2.9% Wage Increase for Doctors, Nurses, Practice Managers and Reception Staff?

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

David Dahm

David Dahm

David Dahm

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

David Dahm

David Dahm

http://www.fwa.gov.au/awardsandorders/html/PR986372.htm











http://www.fwa.gov.au/index.cfm?pagename=awardReview2012&page=allAwards




davidd

Text Box

For Wage increases section click here. If you are still not sure email us Health and Life at [email protected] for a quote on our comprehensive Fair Work tested employment template kits and/or some excellent free advice at http://bit.ly/ixOZV2 or wage advice at no obligation.

davidd

Line


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


MA000031 3

Part 1—Application and Operation

1. Title

This award is the Medical Practitioners Award 2010.

2. Commencement and transitional


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:






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


[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


[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


[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















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


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


[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.



http://www.fwa.gov.au/awardmod/download/nes.pdf








6 MA000031


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.





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.


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


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 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 The parties may agree on the process to be utilised by Fair Work Australia including

mediation, conciliation and consent arbitration.





MA000031 9


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.



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.


(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,




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]



Division 2B State award:



of employment and no Division 2B State employment agreement or




(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









12 MA000031


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



$

Pay point 1 50,630

Pay point 2 52,705

Pay point 3 55,109

Pay point 4 56,792

14.4 Senior Registrar



$

Pay point 1 66,165

Pay point 2 68,775


















MA000031 13

14.5 Career Medical Practitioner



$

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



$

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



$

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


A Specialist will be paid $76,676 per annum.

14.9 Senior Specialist

[14.9 varied by PR994544, PR997961, PR509062, PR522893 ppc 01Jul12]


$

David Dahm


















14 MA000031


$

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


A Principal Specialist will be paid $97,197 per annum.

14.11 Senior Principal Specialist annual minimum salary


A Senior Principal Specialist will be paid $100,638 per annum.

14.12 Deputy Director of Medical Services



$

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



$

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.














MA000031 15

16. Allowances


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









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


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.






MA000031 17

17. District allowances


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):


(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


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):






17.3 This clause ceases to operate on 31 December 2014.

18. Accident pay


[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.









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.


19. Superannuation


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.





MA000031 19

19.4 Superannuation fund


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.



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


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.



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:



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


(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


(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


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.


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.


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.


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



[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


[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


Part 1—Application and Operation ....................................................................................... 3

1. Title .............................................................................................................................. 3



4. Coverage ...................................................................................................................... 5




Part 2—Consultation and Dispute Resolution....................................................................... 8



Part 3—Types of Employment and Termination of Employment ...................................... 9



12. Redundancy ................................................................................................................ 11

David Dahm

David Dahm

















http://www.fwa.gov.au/index.cfm?pagename=awardReview2012&page=underReview&awdId=MA000034







http://www.fwa.gov.au/documents/modern_awards/30Jun10/MA000034_30Jun10.pdf


davidd

Text Box


davidd

Line

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


18. Payment of wages ...................................................................................................... 18

19. Accident pay .............................................................................................................. 19

20. Superannuation ........................................................................................................... 19

Part 5—Hours of Work and Related Matters ..................................................................... 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


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



Schedule A—Transitional Provisions ................................................................................... 28

Schedule B—Classification Definitions ................................................................................ 34

Nurses Award 2010

MA000034 3


1. Title

This award is the Nurses Award 2010.








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.















modern award; or


Nurses Award 2010

4 MA000034





[Varied by PR994468, PR997772, PR503643]















Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work











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]








standard rate means the minimum wage for a Registered nurse—level 1 pay point 1

in clause 14.3






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.




















Nurses Award 2010

6 MA000034





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]

















concerning:


(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.










Nurses Award 2010

MA000034 7


in clause 7.1; and













employment; and















employee.




Nurses Award 2010

8 MA000034















effect.



representatives, if any, the introduction of the changes referred to in clause 8.1






















appropriate.


Nurses Award 2010

MA000034 9


















workplace, that is safe and appropriate for the employee to perform.




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.


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


(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.


(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.











employee.






Nurses Award 2010

MA000034 11

12. Redundancy



























[12.5 substituted by PR994468 from 01Jan10; renamed by PR503643 ppc 01Jan11]














Nurses Award 2010

12 MA000034

























13. Classifications


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


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


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.

David Dahm
















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


Pay point 1 949.00

Pay point 2 964.00

Pay point 3 980.90



Pay point 1 1028.90

Pay point 2 1048.00

Pay point 3 1066.10



Grade 1 1174.60

Grade 2 1258.70

Grade 3 1332.10


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


Per week

$

1st year 1184.20

2nd year 1219.40

14.5 Occupational health nurses


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


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


Pay point 1 1028.90

Pay point 2 1048.00

Pay point 3 1066.10


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


The following allowances do not apply to employees classified at Registered nurse

levels 4 or 5.











Allowance Applicable Consumer Price Index

figure

Meal allowance Take-away and fast foods sub-group

Clothing and equipment allowance Clothing and footwear 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


(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.





kilometre.










Nurses Award 2010

18 MA000034


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.






1996 (Cth):


















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












employee; and



[19.2 substituted by PR994468; PR503643 ppc 01Jan11]








20. Superannuation













legislation.








http://www.fwa.gov.au/alldocuments/PR990528.htm

Nurses Award 2010

20 MA000034





that employee.




















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




Nurses Award 2010

MA000034 21



[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


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 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 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 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


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.


31. Annual leave

[31.1 varied by PR996442]


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.


(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


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.





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) was obliged,







instrument to pay a minimum wage higher than that in this award for any











Nurses Award 2010

30 MA000034




the classification in this award plus the specified proportion of the transitional

amount:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


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.


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) was 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



than the loading or penalty in the relevant transitional minimum wage instrument or


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:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


after 1 July 2014.

A.6 Loadings and penalty rates – existing loading or penalty rate higher




(a) was obliged,






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.




award-based transitional instrument.



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


in this award plus the specified proportion of the transitional percentage:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


after 1 July 2014.

A.7 Loadings and penalty rates – no existing loading or penalty rate


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 From the following dates the employer must pay no less than the following

percentage of the loading or penalty in this award:


1 July 2010 20%

1 July 2011 40%

1 July 2012 60%

1 July 2013 80%


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.


2B State award immediately prior to 1 February 2011 was higher than the


Schedule requires a Division 2B employer to pay less than the minimum wage,


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


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.


(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.


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.






nursing care and/or services, in addition to the experience, skill and







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.













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.








the undertaking of relevant in-service training, subject to its provision by the


Nurses Award 2010

MA000034 37




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.


(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.






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:


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;



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:


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;



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.








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:


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:


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;




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




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)







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


(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


(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



[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


[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


Part 1— Application and Operation ...................................................................................... 3

1. Title .............................................................................................................................. 3



4. Coverage ...................................................................................................................... 5




Part 2— Consultation and Dispute Resolution...................................................................... 8



Part 3— Types of Employment and Termination of Employment ..................................... 9

David Dahm

David Dahm



































http://www.fwa.gov.au/documents/modern_awards/30Jun10/MA000027_30Jun10.pdf



davidd

Text Box


davidd

Typewritten Text

davidd

Line


2 MA000027



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


20. Payment of wages ...................................................................................................... 20

21. Accident pay .............................................................................................................. 20

22. Superannuation ........................................................................................................... 20

Part 5— Hours of Work and Related Matters .................................................................... 22


24. Span of hours ............................................................................................................. 22

25. Rostering .................................................................................................................... 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



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


MA000027 3


1. Title

This award is the Health Professionals and Support Services Award 2010.








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.















modern award; or



4 MA000027




















Division 2B State employment agreement has the meaning in Schedule 3A of the

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)










health industry means employers whose business and/or activity is in the delivery

of health care, medical services and dental services






















http://www.airc.gov.au/awardmod/download/nes.pdf


MA000027 5





[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




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



4. Coverage


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.


















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.



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 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]

















concerning:








MA000027 7

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.





in clause 7.1; and













employment; and















employee.


8 MA000027


















effect.



representatives, if any, the introduction of the changes referred to in clause 8.1,















MA000027 9









appropriate.


















workplace that is safe and appropriate for the employee to perform.




(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






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.


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.


(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.


(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.











MA000027 11


employee.






12. Redundancy



























[12.5(a) substituted by PR994550 from 01Jan10; renamed by PR503634 ppc 01Jan11]









12 MA000027
































13. Classifications


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.





MA000027 13

14. Minimum weekly wages for Support Services employees


[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


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

David Dahm










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


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



Per week

$

Pay point 1 942.70

Pay point 2 976.70

Pay point 3 1014.00

Pay point 4 1054.40











MA000027 15



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



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


See Schedule D

17. National training wage


See Schedule E

18. Allowances





















16 MA000027

[18.1(b) varied by PR994550 from 01Jan10; PR523010 ppc 01Jul12]




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


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




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


(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:











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.






MA000027 19





kilometre.






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.






1996 (Cth):























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












employee; and



[21.2 substituted by PR994550, PR503634 ppc 01Jan11]








22. Superannuation

[Varied by PR990546, PR990529, PR994550]














MA000027 21









legislation.





that employee.




















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;



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





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


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.






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.


26.1 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%.





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


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.




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.



26 MA000027


31. Annual leave



31.1 Quantum of leave


(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.


(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.





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


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.






http://www.fwa.gov.au/documents/legislation/fw_act/FW_Act-01.htm#P1942_181156


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.


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 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) was obliged,







instrument to pay a minimum wage lower than that in this award for any













30 MA000027








the classification in this award minus the specified proportion of the transitional

amount:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


from an annual wage review.


after 1 July 2014.

A.3 Minimum wages – existing minimum wage higher



(a) was obliged,







instrument to pay a minimum wage higher than that in this award for any












MA000027 31




the classification in this award plus the specified proportion of the transitional

amount:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


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.


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) was obliged,






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.








32 MA000027


clause A.5.2 is referred to as the transitional percentage.


in this award minus the specified proportion of the transitional percentage:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


after 1 July 2014.

A.6 Loadings and penalty rates – existing loading or penalty rate higher




(a) was obliged,






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.




award-based transitional instrument.



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.





MA000027 33


in this award plus the specified proportion of the transitional percentage:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


after 1 July 2014.

A.7 Loadings and penalty rates – no existing loading or penalty rate


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 From the following dates the employer must pay no less than the following

percentage of the loading or penalty in this award:


1 July 2010 20%

1 July 2011 40%

1 July 2012 60%

1 July 2013 80%


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.


2B State award immediately prior to 1 February 2011 was lower than the





34 MA000027


Schedule requires a Division 2B employer to pay more than the minimum wage,



2B State award immediately prior to 1 February 2011 was higher than the


Schedule requires a Division 2B employer to pay less than the minimum wage,


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.


MA000027 35

Schedule B—Classification Definitions


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



is capable of prioritising work within established routines, methods and procedures;

is responsible for work performed with a limited level of accountability or

discretion;



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:


services


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


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;


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:


services


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).


Laboratory assistant


Theatre technician


MA000027 37



is capable of prioritising work within established policies, guidelines and

procedures;

is responsible for work performed with a medium level of accountability or

discretion;


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.



services


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


(qualified)

Orthotic technician

Pathology collector

Pathology technician


Theatre technician (qualified)



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;


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.



services


Interpreter (unqualified)

Medical audio typist

Medical imaging

administration

Medical stenographer

Secretary

Senior cook Dental assistant

Orthotic technician

Pathology collector


Pharmacy technician

Theatre technician



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;


may require comprehensive computer knowledge or be required to use a computer

on a regular basis;

possesses administrative skills and problem solving abilities;


and

may require formal qualifications at post-trade or Advanced Certificate or

Associate Diploma level and/or relevant skills training or experience.



services


Computer clerk (advanced)

Gardener (advanced)

Pay clerk (advanced)

Library technician

Chef Anaesthetic technician

Pathology collector

Pathology technician

Pharmacy technician


MA000027 39


services


Medical imaging

administration

Printer (advanced)



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;


may require comprehensive computer knowledge or be required to use a computer

on a regular basis;

possesses developed administrative skills and problem solving abilities;


and

may require formal qualifications at trade or Advanced Certificate or Associate

Diploma level and/or relevant skills training or experience.



services


Gardener superintendent

General clerical supervisor

General services supervisor

Interpreter (qualified)

Medical imaging

Administration

Food services supervisor

Senior chef


Technical and therapy

supervisor


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.


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.


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.


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.


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.


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.


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.


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.


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.


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


MA000027 43

is expected to develop/implement and deliver strategic business plans which

increase the level of care to customers within a budget framework.


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








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


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:






http://www.jobaccess.gov.au/


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.








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.






MA000027 49

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






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.


MA000027 51

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 4 years out of school 484.10 554.30

Plus 5 or more years out of school 554.30

(b) Wage Level B



package and AQF certificate levels are allocated to Wage Level B by Appendix

E1 are:



per week Per week per week

$ $ $

School leaver 272.40 300.10 347.90






(c) Wage Level C



package and AQF certificate levels are allocated to Wage Level C by Appendix

E1 are:





52 MA000027



per week per week per week

$ $ $

School leaver 272.40 300.10 347.90






(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:



per hour per hour per hour

$ $ $

School leaver 8.96 9.88 11.76




MA000027 53




$ $ $




(b) Wage Level B



training package and AQF certificate levels are allocated to Wage Level B by

Appendix E1 are:




$ $ $







(c) Wage Level C



training package and AQF certificate levels are allocated to Wage Level C by

Appendix E1 are:




$ $ $








54 MA000027

(d) School-based traineeships


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.


MA000027 55

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.


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


MA000027 57


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


58 MA000027

E1.2 Wage Level B


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


MA000027 59


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


60 MA000027

E1.3 Wage Level C


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

New 2.9% Wage Increase for Doctors, Nurses, Practice Managers and Reception Staff?

Documents

Transcript of New 2.9% Wage Increase for Doctors, Nurses, Practice Managers and Reception Staff?