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Changes to the Nurses Award 2010

4 Yearly Review of Modern Awards.
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Changes to the Nurses Award 2010

Changes to the Nurses Award 2010

4 August 2021

On 29 July 2021, the Full Bench of the Fair Work Commission (Commission) issued a decision dealing with the finalisation of the variation determination for the Nurses Award 2010 (Award). This marks the completion of the Commission’s efforts in addressing the technical and drafting matters of the Award as part of the 4 Yearly Review of Modern Awards.

What are the main changes?

The latest decision resulted in the following changes:
  • The definition of “casual hourly rate” set out in clause 2 now refers to clause 11.2 to maintain consistency of terminology and avoid confusion as there was previously more than one definition of the term in the Award.
  • Clause 11.5 amended to clarify how casual loading and shiftwork interact – that is that the ‘ordinary rate of pay’ for casual employees in the Award is the casual loaded rate.
  • Removal of unnecessary wording ‘applicable to their classification and pay point’ after ‘casual hourly rate’ in several clauses to ensure consistency of language concerning rates of pay.
  • Wording added to clauses 13.4(c) Rest breaks between rostered work, 19.4(c) Rest period after overtime and 28.2(b) Payment for work done on public holidays to clarify that the penalty rates specified are applied to the ‘casual hourly rate in the case of a casual employee’.
  • Wording added to clause 28.6 Additional leave days by mutual agreement to clarify that clause 28.6 does not apply to casual employees.

Other changes incorporated into the final variation determination include the following:
  • Clause X.1 updated in accordance with the Commission determination (AM2021/15 and Ors) to have Schedule X of Health sector awards operative until 31 December 2021.
  • Inclusion of summaries of rates of pay and allowances in the schedules of the Award in accordance with the Annual Wage Review 2020-21 decision operative from the start of the first full pay period on or after 1 July 2021.
  • The varied Award will have the year ‘2020’ in its title instead of ‘2010’.

When do these changes come into effect?

The varied Award will come into operation on 9 September 2021.

To view the decision click here.
To view the determination click here.
To view the final draft of the future Award click here.

Further information

To view the varied Award from the operative date above click here. Additionally, if you are subscribed to the Nurses Award 2010, your subscription will be automatically transfer to the new Award.

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