CORRECTION TO DECISION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Nurses Award 2010
(AM2016/31)

4 yearly review of modern awards – Nurses Award 2010 – substantive issues – correction decision.

[1] The decision issued by the Fair Work Commission on 9 January 2019 [2019] FWCFB 121 is corrected to address an inadvertent omission of clause 28.6(b). The correction is as follows:

[2] Paragraph [14] will be amended to read as follows:

“Clauses 28.5 and 28.6 will read as follows:

28.5 Recall to work when on call

(a) An employee who is required to be on call and who is recalled to work at the workplace will be paid a minimum of three hours work at the appropriate overtime rate.

(b) An employee who is required to be on call and who is required to perform work by the employer via telephone or other electronic communication away from the workplace will be paid at the appropriate overtime rate for a minimum of one hours work. Multiple electronic requests made and concluded within the same hour shall be compensated within the same one hour’s overtime payment. Time worked beyond one hour will be rounded to the nearest 15 minutes.

28.6 Recall to work when not on call

(a) An employee who is not required to be on call and who is recalled to work at the workplace after leaving the employer’s premises will be paid a minimum of three hours work at the appropriate overtime rate.

(b) An employee who is not required to be on call and who is required to perform work by the employer via telephone and other electronic communication away from the workplace will be paid at the appropriate overtime rate for a minimum of one hours work. Multiple electronic requests made and concluded within the same hour shall be compensated within the same one hour’s overtime payment. Time worked beyond one hour will be rounded to the nearest 15 minutes.

(c) The time spent travelling to and from the place of duty will be deemed to be time worked. Except that, where an employee is recalled within three hours of their rostered commencement time, and the employee remains at work, only the time spent in travelling to work will be included with the actual time worked for the purposes of the overtime payment.

(d) An employee who is recalled to work will not be obliged to work for three hours if the work for which the employee was recalled is completed within a shorter period.

(e) If an employee is recalled to work, the employee will be provided with transport to and from their home or will be refunded the cost of such transport.”

[3] A correction determination will be issued in conjunction with this decision and come into operation on and from 21 February 2019.

VICE PRESIDENT

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