Ask Shaye
My workplace has no agreement. Am I covered?
I work as a midwife in a private hospital, and no workplace agreement is in place. I am paid under the Nurses Award 2010 but can’t work out where I fit in.
In the absence of any federal enterprise agreement, the Nurses Award 2010 would apply (the default safety net). Under Clause 4 – Coverage, the Award covers “a nurse/midwife, principally engaged in nursing/midwifery duties comprehended by the classifications listed in Schedule B – Classification Definitions”. Section B.2 then states: “For the purposes of this award nursing care also includes care provided by midwives.” Accordingly, for practical purposes, the reference to nursing duties in the classification structure should be read to mean midwifery duties for midwives. This should assist in determining where your duties and responsibilities fall, and in turn what you should be paid.