1
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
Applications by Australian Nursing and Midwifery Federation
(AM2021/63, AM2024/11)
NURSES AWARD 2020
[MA000034]
Health and welfare services
JUSTICE HATCHER, PRESIDENT
VICE PRESIDENT ASBURY
DEPUTY PRESIDENT O’NEILL
PROFESSOR BAIRD
DR RISSE
SYDNEY, 23 OCTOBER 2024
Applications to vary the Nurses Award 2020 – work value cases – aged care industry –
provisional views concerning award classification structure, rates of pay and phasing in.
[1] This statement concerns the finalisation of our consideration of the work value of
registered nurses (RNs) and enrolled nurses (ENs) in the aged care sector who are covered by
the Nurses Award 2020 (Nurses Award).
[2] In the decision which we issued on 15 March 20241 (Stage 3 decision), we relevantly
determined that the current rates of pay for RNs and ENs prescribed by the Nurses Award were
the subject of gender undervaluation and that, for the purpose of s 157(2)(a) of the Fair Work
Act 2009 (Cth), an adjustment to those rates of pay was justified by work value reasons. We
further determined to establish benchmark rates for RNs and ENs as follows:
[204] The current minimum rate for a four-year degree qualified RN in aged care under the
Nurses Award is $1301.90 per week. The proper application of the C10 Metals Framework
Alignment Approach in a manner free from gender assumptions and consistent with the
principles stated by the Full Bench in the Teachers decision (see paragraph [955] of the Stage 1
decision) would result in this rate being set at $1470.80 per week, with this becoming the
benchmark rate for the fixation of minimum wages for RNs in aged care. We consider that this
is a rate justified by the work value reasons identified in the Stage 1 decision and this decision.
Having regard to our earlier discussion concerning the ERO applicable to social and community
services employees under the SCHADS Award, the fixation of this rate could confidently be
regarded as one free from gender assumptions since it approximately equates to the rate
($1466.77 per week) for a four-year degree-qualified social and community services employee
under the ERO.
[2024] FWCFB 405
STATEMENT
AUSTRALIA FairWork Commission
[2024] FWCFB 405
2
[205] We also consider, having regard to the work value reasons identified in the Stage 1
decision and this decision, that the rate for an EN in aged care who has responsibility for
supervising other PCWs should be set at the same rate which we propose for a Level 6 direct
care employee (Team Leader) with supervisory responsibilities, namely $1370.80 per week.
(footnotes omitted)
[3] We note at this point that, following the Annual Wage Review 2023–24 decision,2 the
weekly rate identified for a four-year degree qualified RN would be $1525.90, and the weekly
rate for an EN supervising other personal care workers (PCWs) would be $1422.20.
[4] We indicated at [207] in the Stage 3 decision that we would not at that time finalise the
classification structure for nurses in aged care for three reasons, the first of which was as
follows:
We do not consider that the proper application of the C10 Metals Framework Alignment
Approach necessarily involves simply increasing all rates of pay for aged care nurses in the
existing classification structure by the same percentage amount as for the benchmark rate. The
Nurses Award contains a classification structure in which each classification allows for
automatic annual increments in pay. In the Teachers decision, classification structures of this
type were described as not properly reflective of ‘the essential elements of qualifications,
displayed competence and acquired experience and responsibility’ and ‘an anachronism in the
context of the current statutory regime for the fixation of minimum wage rates’. We do not
consider that this issue has been properly addressed by the parties by way of evidence and
submissions. Nor have other issues which would necessarily arise in any reform of the
classification structure been properly addressed to date, including the appropriate pay relativity
between a three-year and a four-year degree-qualified RN.
(footnotes omitted)
[5] In directions issued on 4 April 2024, parties were invited to file submissions in relation
to the following outstanding issues concerning RNs and ENs in the aged care sector:
a. whether the registered nurse level 1, year 1 benchmark minimum rate of pay (aligned with
classification C1(a) in the C10 Metals Framework) should apply to a registered nurse
holding a three-year or a four-year university degree (refer paragraph [204] of the Stage
3 decision [2024] FWCFB 150);
b. which enrolled nurse classification should correspond to the new Level 6 – Team Leader
direct care employee classification in the Aged Care Award 2010 (refer paragraph [205]
of the Stage 3 decision); and
c. what the minimum rate increments within each classification of registered and enrolled
nurses, and the relativities between those classifications, should be, including the
relativity between a registered nurse holding a three-year university degree and one
holding a four-year university degree (refer paragraph [207(1)] of the Stage 3 decision).
[6] In submissions filed on 26 April 2024, the ANMF relevantly submitted that:
(1) The rate identified in the Stage 3 decision should become the RN Level 1 pay
point 1 rate. The entry rates for a three-year degree-qualified RN and a four-year
degree-qualified RN should be aligned at this level and the current prescribed
entry-level rate for a four-year degree-qualified RN should be abolished.
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb150.pdf
[2024] FWCFB 405
3
(2) The rate for an EN identified in the Stage 3 decision should become the rate for
EN pay point 1, and the supervision of PCWs should be part of the role of an EN
at all levels.
(3) All RN classifications, and those for Nurse Practitioners, should retain their
current relativity to RN Level 1 pay point 1. EN pay points would likewise retain
their current relativity to EN pay point 1.
[7] In submissions filed on 16 May 2024 in reply to the ANMF’s submissions, Aged &
Community Care Providers Association Limited and Australian Business Industrial (Joint
Employers) agreed with the ANMF’s propositions (1) and (2) above. In relation to the
classification structure for RNs, and the ANMF’s third proposition above, the Joint Employers
submitted that:
• classification structures based on service increments have been held to be
inappropriate since before the modernisation of awards;
• however, a certain level of experience in an occupation will usually lead to an
incrementally higher level of applied competence which may have work value
relevance after a period of years, even if the nominal role of the employee has not
changed;
• the historical development of the Nurses Award 2010 does not support a
conclusion that the incremental scale of pay points for each RN level are based on
applied competence or acquiring experience and responsibility occasioning a
discernible change in work value akin to a new classification, and this is even less
clear with respect to the EN structure;
• there is no proper basis in principle, nor an exception enlivened by reference to
the evidence, to justify annual increments in the classification structure of the
Nurses Award;
• on the basis of the reasoning in the Teachers decision,3 the pay points for ENs, the
pay points for RN Levels 1–3 and the grades for RN Levels 4–5 would need to be
removed or changed; and
• the existing RN classification levels are not themselves problematic.
[8] However, the Joint Employers did not advance any specific proposal for a modified
classification and wage rate structure consistent with the above propositions.
[9] These outstanding issues concerning the classification structure and rates of pay were
the subject of a hearing before us on 19 September 2024, at the conclusion of which we reserved
our decision.
[10] Because of the complexity involved in the determination of the outstanding issues, we
consider that we should identify our provisional views concerning the outcome and provide the
parties with an opportunity to respond to these before we make our final decision. Having regard
[2024] FWCFB 405
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to our reasoning in the Stage 3 decision and the submissions advanced by the ANMF and the
Joint Employers, our provisional views on the outstanding issues are as follows:
(1) We accept the agreed position that the entry-level wage rates for three-year degree
qualified and four-year degree-qualified aged care nurses should be aligned.
However, we consider that the benchmark rate of $1525.90 per week should only
apply upon the completion of the first year of employment, with an entry level
rate set at 95 per cent of the benchmark rate.
(2) In respect of ENs, it is sufficient for the purpose of the aged care sector to set a
single pay level set at the benchmark rate of $1422.20, on the basis that all such
ENs will be required to supervise PCWs. A broader consideration of the roles of
ENs in the nursing sector as a whole, and their classifications, will be required
when the ANMF’s application in matter AM2024/11 is fully considered.
(3) The classification structure for RNs in aged care should be restructured to remove
yearly increments and set proper minimum rates of pay align with the rates of pay
for teachers under the Educational Services (Teachers) Award 2020 established
as a result of the Teachers decision.4
[11] A new classification structure for ENs and RNs in aged care consistent with our
provisional views above, which includes the end-point rates of pay (subject to future annual
wage review adjustments) is set out in Attachment A. A translation table explaining the
proposed transition from the existing to the new structure is set out in Attachment B. Where the
new rate is lower than the current rate, existing employees will have their current award rate of
pay preserved.
[12] It is also our provisional view that the wage rates set out in Attachment A should be
phased in over three tranches, from 1 January 2025, 1 October 2025 and 1 August 2026.
[13] We invite interested parties to file submissions in response to the above provisional
views by 5:00 pm (AEDT) on Friday, 8 November 2024.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR780516
THE FAIR WORK FAI COMMISSION THE
[2024] FWCFB 405
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ATTACHMENT A — AGED CARE NURSES CLASSIFICATION STRUCTURE
Proposed aged care
nurses classifications
Proposed
weekly
rate ($)
Teachers’ classifications —
Long day care centres
Current
weekly
rate ($)
Nurses — current
classifications
Weekly
rate ($)
— aged
care
Weekly
rate ($)
— non-
aged
care
Enrolled nurse
Pay point 1 1209.10 1051.40
Pay point 2 1225.20 1065.30
Pay point 3 1241.50 1079.50
Enrolled nurse
supervising PCWs
1422.20 5 Pay point 4 1259.30 1095.10
Pay point 5 1272.00 1106.10
Registered nurse Registered nurse
Level 1 Level 1
1st year 1449.60 6 Level 1 – provisional
registration
1396.10 Pay point 1 1293.60 1124.80
Completion of 1st year
(1 year plus)
1525.90 7 Level 2 – registered (1 year +) 1525.90 Pay point 2 1320.00 1147.90
Pay point 3 1352.50 1176.00
Pay point 4 1388.50 1207.30
Completion of 4 years
(4 years plus)
1661.20 Level 3 - 3 years at level 2
(4 years +)
1661.20 Pay point 5 1431.00 1244.40
Pay point 6 1472.50 1280.40
Pay point 7 1515.10 1317.40
Level 4 – 3 years at level 3
(7 years +)
1796.50 Pay point 8+ 1554.50 1351.70
Level 2 Level 2
1–3 years 1796.50 Pay point 1 1595.70 1387.60
Pay point 2 1621.10 1409.70
Pay point 3 1649.20 1434.10
Completion of 3 years 1887.10 8 Pay point 4+ 1676.20 1457.60
Level 3 Level 3
All years at this level 1931.70 Pay point 1 1730.20 1504.50
Pay point 2 1762.00 1532.20
Pay point 3 1792.40 1558.60
Pay point 4+ 1824.50 1586.60
Level 4 Level 4
All years at this level 2204.80 9 Grade 1 1974.80 1717.20
Grade 2 2116.30 1840.20
Grade 3 2239.80 1947.60
Level 5 Level 5
All years at this level 2500.70 10 Grade 1 1992.70 1732.80
Grade 2 2098.60 1824.80
Grade 3 2239.80 1947.60
Grade 4 2379.40 2069.00
Grade 5 2624.30 2282.00
Grade 6 2871.40 2496.80
Nurse practitioner
11
Level 5 – highly accomplished/
lead teacher accreditation
Nurse practitioner
1st year 1991.00 1931.70 1st year 1991.00 1731.30
2nd year 2050.10 2nd year 2050.10 1782.70
5 Rate of $1370.80 as per March decision at [205], adjusted by AWR increase of 3.75%.
6 Relativity of 95% of benchmark rate of $1525.90 for undergraduate degree-qualified professional occupation.
7 Benchmark rate for undergraduate degree-qualified professional occupation of $1470.80 as per March decision at [204], adjusted by
AWR increase of 3.75%.
8 Maintains existing relativity of Level 2 pay point 4 to Level 2 pay point 1.
9 Maintains existing relativity of Level 4 grade 1 to Level 3 pay point 1.
10 Maintains existing relativity of Level 5 grade 3 to Level 4 grade 1.
[2024] FWCFB 405
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11 Masters degree-qualified nurse plus higher level of registration. No further increase is warranted since relativity to new benchmark rate
for undergraduate degree-qualified nurse is already 130.5% at first year.
[2024] FWCFB 405
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ATTACHMENT B — AGED CARE NURSES TRANSLATION TABLE
1 [2024] FWCFB 150.
2 [2024] FWCFB 3500.
3 [2021] FWCFB 2051.
4 Ibid.
Aged care nurses —
current
classifications
Current
weekly rate
($)
New aged care nurses
classifications
New wage
rate
% change
Enrolled nurse
Pay point 1 1209.10 Enrolled nurse
supervising PCWs
1422.20 +17.6
Pay point 2 1225.20 1422.20 +16.1
Pay point 3 1241.50 1422.20 +14.6
Pay point 4 1259.30 1422.20 +12.9
Pay point 5 1272.00 1422.20 +11.8
Registered nurse Registered nurse
Level 1 Level 1
Pay point 1 1293.60 1st year 1449.60 +12.1
Pay point 2 1320.00 Completion of 1st year
(1 year plus)
1525.90 +15.6
Pay point 3 1352.50 1525.90 +12.8
Pay point 4 1388.50 1525.90 +9.9
Pay point 5 1431.00 Completion of 4 years
(4 years plus)
1661.20 +16.1
Pay point 6 1472.50 1661.20 +12.8
Pay point 7 1515.10 1661.20 +9.6
Pay point 8+ 1554.50 1661.20 +6.9
Level 2 Level 2
Pay point 1 1595.70 1-3 years 1796.50 +12.6
Pay point 2 1621.10 1796.50 +10.8
Pay point 3 1649.20 1796.50 +8.9
Pay point 4+ 1676.20 Completion of 3 years 1887.10 +12.6
Level 3 Level 3
Pay point 1 1730.20 All years at Level 3 1931.70 +11.6
Pay point 2 1762.00 1931.70 +9.6
Pay point 3 1792.40 1931.70 +7.8
Pay point 4+ 1824.50 1931.70 +5.9
Level 4 Level 4
Grade 1 1974.80 All years at Level 4 2204.80 +11.6
Grade 2 2116.30 2204.80 +4.2
Grade 3 2239.80 2204.80 Existing rate
preserved
Level 5 Level 5
Grade 1 1992.70 All years at Level 5 2500.70 +25.5
Grade 2 2098.60 2500.70 +19.2
Grade 3 2239.80 2500.70 +11.6
Grade 4 2379.40 2500.70 +5.1
Grade 5 2624.30 2500.70 Existing rate
preserved
Grade 6 2871.40 2500.70 Existing rate
preserved
Nurse practitioner Nurse practitioner
1st year 1991.00 1st year 1991.00 0
2nd year 2050.10 2nd year 2050.10 0
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb150.pdf
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb3500.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb2051.htm
