Nursery Award

The first task is to identify whether the work is within the nursery industry definition and not within an excluded industry boundary.

• Check that the work is truly nursery work as defined by the award.
• Do not assume coverage continues into a retail arm or another excluded industry.
• Use the most appropriate award classification for the work performed and the environment in which it is normally performed.
• Remember that the award expressly extends to connected processing, packing, storing and distribution when done as part of the nursery.

Classification and documented engagement terms are basic compliance controls under this award and should be set up from the start.

• Full time employees must be given a written statement setting out classification, pay and terms of engagement.
• Part time employees need a written regular pattern of work at the time of engagement.
• Changes to part time hours can only be made by agreement and recorded in writing.
• Schedule A should be used to classify by duties actually performed, not by seniority alone.

Nursery rosters need to be checked against the span of hours, the longer day conditions and the break rules rather than built informally.

• Ordinary hours for full time employees are averaged over the award period and must sit within the permitted span.
• The award allows one later day in the week within the stated span rule.
• Longer ordinary days can only be worked within the award's conditions and with attention to work health and safety and supervision.
• Meal breaks and paid rest breaks have their own rules and should be checked separately from total hours.

The grading structure is practical and task based. Employers should review real duties whenever a role expands into more skilled or supervisory work.

• Grade 1A is a short entry level stage only.
• Higher grades reflect broader skill, responsibility and in the higher grades trade or equivalent qualifications.
• The higher duties clause should be checked where employees move into more advanced nursery functions.
• Allowance handling should stay separate from classification pay.

Casual loading, overtime and public holiday treatment need separate payroll settings under this award rather than a single blended rate.

• Casual employees receive the casual loading and have a minimum engagement under the award.
• Overtime and weekend or public holiday work are dealt with in separate clauses.
• Public holiday work has its own minimum payment rule.
• Payroll should not treat all additional hours as the same category.

Leave issues under this award are often seasonal. The award has specific rules that should be checked before using shutdown or leave in advance arrangements.

• Annual leave sits with the NES and supplementary award provisions.
• The award has specific rules for leave in advance, shutdowns or seasonal periods and cashing out.
• Casual conversion is dealt with in the NES and the award points employers back to that pathway.
• Seasonal nursery businesses should review the shutdown and seasonal leave clause before directing leave.

PR799280, PR799314, PR799471

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 15 - Minimum rates, 18 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - Supported Wage System