Aged Care Award 2010 Guide
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Disclaimer
Please note: The information contained in this Modern Award Interpretation Guide is sourced from the PaidRight knowledge database which is general in nature and does not constitute or is intended to be relied upon as legal advice or other professional opinion. The contents of this guide is subject to variation(s) to the Aged Care Award 2010 by Fair Work Commission decision or enactment of amended legislation. PaidRight does neither accept responsibility or provide guarantee or warranty (express or implied) regarding the accuracy, reliability or completeness; and, to the extent permitted by law, PaidRight does not accept legal liability for consequences arising out of use of this information. The information recipient is advised to obtain professional legal advice relevant to your specific circumstances. Information updated as at 23 June 2024.
Table of contents:
- Coverage
- Key Takeaways
- Hours of Work
- Shift Work
- Breaks
- Minimum rates
- Overtime rates
- Penalty rates
- Allowances
- Junior employees
- Apprentices
- Annual leave loading
- Public holidays
- Recent changes to award
Coverage:
The Aged Care Award 2010 covers employers and employees in the aged care industry throughout Australia.
This includes business such as:
- Nursing homes
- Retirement villages
- Garden settlements
- Aged care services apartments and independent living units
- Other residential accommodation facility units
Key Takeaways:
- The Aged Care Award is an industry-based award that covers employers and employees in the aged care industry throughout Australia.
- As it operates to the exclusion of any other, where the Aged Care Award applies, there is no overlap in coverage with any other modern award.
- In respect to work performed at a higher classification level by an employee this is deemed higher duties in which case a higher pay rate may apply.
- An employee required to sleep in at night in order to be on call for emergencies is paid a sleepover allowance, sleepover work rates may also apply.
- There is provision for broken shifts to be worked for which payment is made for penalty rates and broken shift allowances.
- Accrued Days Off (ADOs) that accumulate and are taken off apply only to full-time employees.
- Time off to be taken by the employee instead of payment for overtime, subject to agreement.
- An employer is able to recall an employee who has left the work premises to perform overtime work.
- Employers are permitted to have employees with excessive leave accruals to take annual leave as directed subject to the stipulated requirements.
- Coverage under this award extends to employees engaged under an apprenticeship or school-based apprenticeship arrangement.
Hours of Work:
The ordinary span of hours for a day worker is 6:00 am to 6:00pm, Monday to Friday.
Breaks:
Rest period (break between shifts): Minimum of 10 hours* between work one day and work the next day, otherwise paid at 200% until a 10 hour break is had.
* By mutual agreement the 10 hour break may be reduced to 8 hours.
Minimum rates:
Overtime rates:
It may be mutually agreed that the employee takes time off instead of being paid for overtime.
Penalty rates
Allowances:
*An all-purpose allowance, which should be incorporated into the ordinary rate of pay before applying the penalty or overtime rate.
Apprentices employees:
Cooking apprentice
An employee completing an apprenticeship in cooking who has either completed or not completed year 12 receives a percentage of the adult minimum rate for an Aged Care Employee General Level 4 in accordance with the year of apprenticeship, as follows.
Gardening and landscaping apprentice - not completed year 12
An employee completing an apprenticeship in cooking who has not completed year 12 receives a percentage of the adult minimum rate for an Aged Care Employee General Level 4 in accordance with the year of apprenticeship, as follows.
Gardening and landscaping apprentice (Started before 1 January 2015) - completed year 12
An employee completing an apprenticeship in cooking which commenced before 1 January 2015 and has completed year 12 receives a percentage of the adult minimum rate for an Aged Care Employee General Level 4 in accordance with the year of apprenticeship, as follows.
Gardening and landscaping apprentice (Started on or after 1 January 2015) - completed year 12
An employee completing an apprenticeship in cooking which commenced on or after 1 January 2015 and has completed year 12 receives a percentage of the adult minimum rate for an Aged Care Employee General Level 4 in accordance with the year of apprenticeship, as follows.
Adult apprentice (Started on or after 1 January 2014)
Adult apprentices who started their apprenticeship on or after 1 January 2014 must receive a rate of pay, as follows.
Annual leave:
Annual leave is available for full-time and part-time employees. It does not apply to casual employees. Annual leave is provided for in the NES.
Annual leave loading:
Annual leave loading is 17.5%, or in the case of shiftworker the higher of the either 17.5% or the weekend penalties applies.
Public holidays:
Public holiday entitlements are provided for in the NES.
Recent Changes to Award:
- From 1 February 2023, all employees (including casuals) of non-small business employers can access 10 days of paid family and domestic violence leave in a 12 month period.
- From 1 August 2023, all employees (including casuals) of small business employers can access 10 days of paid family and domestic violence leave in a 12 month period.
- The right to superannuation contributions as an entitlement under the National Employment Standards.
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