Nurses Award

Coverage under this award depends on actual nursing or midwifery duties and the Schedule A structure, not simply on the employer being in health.

• Test both the industry limb and the occupation limb of coverage.
• Check the health industry definition as well as the separate occupational coverage for nurses and midwives.
• Apply the nursing assistant aged care and home care exclusion early.
• If more than one award might apply, use the classification that is most appropriate to the work and environment.

Employment type, written hours and the correct classification stream should all be documented at the start of employment.

• Tell each employee at engagement whether they are full time, part time or casual.
• Part time employees need a written agreement covering guaranteed minimum hours and rostering arrangements before work starts.
• Employees must be advised in writing of their classification and any later classification change.
• Schedule A contains distinct streams for nursing assistants, enrolled nurses, registered nurses, occupational health nurses and Nurse Practitioners.

Rosters must be built to the award's cycle, notice and rest rules rather than adjusted informally around staffing pressure.

• The award allows ordinary hours across a week, fortnight or 28 day cycle.
• Ordinary shift length has a maximum and full time employees must receive the required days free from duty in the roster cycle.
• Rosters must be published in advance and changes usually require notice.
• The award also contains a specific minimum rest break between rostered work periods.

Breaks and post overtime rest are active award obligations in nursing workplaces and should be checked shift by shift, not assumed.

• Meal breaks and tea breaks have their own rules.
• Meal break issues can trigger overtime in some circumstances.
• The award contains a specific rest period rule after overtime and a paid break during extended overtime.
• Break compliance matters just as much as the total rostered hours.

Payroll under this award is classification sensitive. On call, recall, shiftwork, weekend work and allowances should each be checked against the specific clause that applies.

• Allowance treatment varies by classification, and some allowances do not apply to Registered nurse Levels 4 and 5.
• The award contains on call, uniform and laundry rules, along with other allowance provisions.
• Overtime, shiftwork, Saturday and Sunday work and public holiday work each have separate clauses and are not automatically cumulative.
• Recall to work is dealt with separately for employees who are on call and those who are not.

The award operates with the NES and newer statutory rights, so leave, casual conversion and after hours contact should be checked together rather than in isolation.

• Casual conversion is dealt with in the NES and the award points employers back to that pathway.
• Annual leave is provided through the NES with supplementary award rules.
• Public holidays have special treatment, including for some rostered day off situations.
• The right to disconnect clause now sits alongside roster change, recall and on call provisions and should be read together with them.

PR812118

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, Schedule B - Summary of Hourly Rates of Pay