nsw health penalty rates

With a few public holidays coming up this summer, nurses and midwives asked us to clarify what they’re entitled to. We’ve collated this information to help.

The public holidays this summer are Christmas Day (25 December 2023), Boxing Day (26 December 2023), New Year’s Day (1 January 2024) and Australia Day (26 January 2024).

In the NSW Public Health System, entitlements for public holidays are set out in the Public Health System Nurses and Midwives’ (State) Award 2023 and depend upon your employment status and how you are rostered. The below table sets out a summary of the entitlements:

* usually required to work when rostered on

*** see explanation under Full-time: Seven-day basis

In each case, the public holiday rates are in substitution for any shift penalties that would normally have been paid.

In relation to full time employees who work on other than a seven day basis, a day worker is defined as working their ordinary hours from Monday to Friday inclusive and who commences work on or after 6AM and before 10AM each day. A shift worker is defined as not a day worker.

In relation to permanent part time employees, the award provides at 29.PART I.(v) that when a public holiday falls on a day of the week which you regularly work and you are not required to work on that day, you are entitled to have that public holiday off without loss of pay. Your employer cannot change the roster to avoid paying you for the public holiday.

In the private system, public holiday entitlements will differ from employer to employer. To find the award or enterprise agreement that applies to you please click here.

If there’s an issue with your public holiday pay please notify your manager or payroll office in the first instance to discuss this issue. NSWNMA can assist you if you’re unable to resolve the problem with your employer.

Should you require advice about your public holiday entitlements please do not hesitate to contact our Information Team on 02 8595 1234 (Metro) or 1300 367 962 (Rural) or by emailing us at gensec@nswnma.asn.au

Have further questions? NSWNMA Members can contact the Association for support here. To find out more benefits of being a member or to join the NSWNMA, visit this page.

Confused about your Labor Day penalty rates? David from the Member Industrial Services Team at the NSW Nurses and Midwives’ Association has kindly collated this information to make sure you don’t miss out.

In New South Wales, October 7 is gazetted as the Labour Day public holiday.

In the public health system, the entitlements for public holidays are set out in the Public Health System Nurses and Midwives’ (State) Award 2018 and depend upon your employment status and how you are rostered. The below table sets out a summary of the entitlements:

Employment Status

Rostered OFF

Rostered ON (not required to work)

Rostered ON (required to work)

Full time – Seven day basis

Clause 30(ii)(a)

Nil

Not applicable

(Usually required to work when rostered on)

150%

Full time – Other than seven day basis – Day Worker

Clause 30(ii)(c)

Nil

100%

150% +

One additional day of annual leave

250%

Full time – Other than seven day basis – Shift Worker

Clause 30(ii)(c) and (d)

100%

One additional day of annual leave

100%

150% +

One additional day of annual leave

250%

Permanent Part Time

Clause 29.PART I.(v)

Nil

100%

150% +

One additional day of annual leave

250%

‘Old’ Part Time (as at June 1986)

Clause 29.PART IV.(iii)

Nil

100%

250%

(No hourly allowance)

Casual

Clause 29.PART II.A.(v)

Nil

Not applicable

250%

(No casual loading)

In each case, the pay rates are in place of any shift penalties that would have otherwise been paid had the day not been a public holiday.

In relation to those full time employees who do not work on a seven day basis, a day worker is a worker who works their ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6AM and before 10AM, otherwise than as part of the shift system. A shift worker is a worker who is not a day worker.

In relation to permanent part time employees the award provides at 29.PART I.(v) that when a public holiday occurs on a day of the week on which an employee regularly works, that employee shall be entitled to observe the public holiday without loss of pay. The employee’s roster must not be changed to avoid payment for the public holiday.

In the private system, public holiday entitlements will differ from employer to employer. To find the award or enterprise agreement that applies to you please click here.

Have further questions? NSWNMA Members can contact the Association for support here. To find out more benefits of being a member or to join the NSWNMA, visit this page.

Know your public holiday penalty rates this summer

Want to know your Labor Day pay rates?