Workplace News
Nurses and Midwives: Know Your Penalty Rates
With 12 public holidays in NSW this year (and a few coming up for Easter), nurses and midwives asked us to clarify what they’re entitled to. We’ve collated this information to help.
The number of public holidays differ from year to year due to additional public holidays being declared, often when Australia Day, Christmas or Boxing Day fall on a weekend. This year there will be an additional public holiday on 28/12/20.
In the NSW Public Health System, entitlements for public holidays are set out in the Public Health System Nurses and Midwives’ (State) Award 2019 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 – Public holiday listed* Clause 30(ii)(a) | Nil | Not applicable (Usually required to work when rostered on) | 150% |
| Full time Seven day basis – Public holiday not listed* Clause 30(ii)(a) and (b) | Nil | Not applicable (Usually required to work when rostered on) | 150% + One additional day of annual leave |
| Full time Other than seven day basis – Day Worker Clause 30(ii)(c) | Nil | 100% | 150% + One additional day of annual leave OR 250% |
| Full time Other than seven day basis – Shift Worker Clause 30(ii)(c) and (d) | 100% OR One additional day of annual leave | 100% | 150% + One additional day of annual leave OR 250% |
| Permanent Part Time Clause 29.PART I.(v) | Nil | 100% | 150% + One additional day of annual leave OR 250% |
| 'Old' Part Time 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) |
*Listed public holidays include New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, ANZAC Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day or public holidays declared as substitutes. Please note: Easter Sunday and additional public holidays are not listed public holidays.
In each case, public holiday rates replace any shift penalties.
A day worker is a worker who works their ordinary hours from Monday to Friday inclusive and commences work at or after 6AM and before 10AM. A shift worker is a worker who is not a day worker.
Clause 29.PART I.(v) provides that a permanent part timer’s roster must not be changed to avoid payment for the public holiday. So if they normally work that day, they’re entitled to the day off with pay, or to receive public holiday rates if they’re required to work.
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 it. The NSW Nurses and Midwives’ Association can assist members who are unable to resolve the problem with your employer.
Members of the NSWNMA who require advice about public holiday entitlements are encouraged to contact our Information Team on 02 8595 1234 (Metro) or 1300 367 962 (Rural) or by via the contact form here: Contact the NSWNMA
With the majority of nurses in our operating theatres working Full Time Rotating Rosters there is always additional confusion when it comes to leave entitlements. Should a nurse be rostered to work each of of the 12 days allocated to the general workforce for public holidays, what provision is made to alleviate this? As I understand it the additional 10 days (making 6 weeks annual leave) is meant to cover this 12 day shortfall!