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Nursery Award 2020 [MA000033]

This article provides guidelines about when to use the different work types and tags that are included as part of the pre-built Nursery Award 2020 [MA000033] package. For further information about the Nurses Award 2020 MA000033, refer to: Nursery Award 2020 MA000033.

Install and configure Awards

For details on how to install and configure this Pre-built Award Template, please review the detailed help article here. While every effort is made to provide a high-quality service, Employment Hero does not accept responsibility for, guarantee or warrant the accuracy, completeness or up-to-date nature of the service. Before relying on the information, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

The award default Rule Set Period is set to Weekly that ends every Sunday. If you follow a different work pattern or roster period, you can review and set the rule set period date that applies to your organisation. 

Special Notes

Timesheets

For the rules to apply correctly, the timesheet must include the start and end times.
 

Paid Breaks

Paid rest breaks do not require clocking in or out. Should the client require break times to be recorded, they can refer to this link.
 

Leaves

When converting leave to a timesheet, use the employee's standard hours of work. Adjust the start or end time as necessary to trigger any applicable penalty rates.
 

Salaried

Salaried employees can use the “Salaried” employment agreement.

Other Clauses

Other Clauses

  Clause Conditions
Supported Wage System 15.4
Need to create Pay Rate Templates and Employment Agreements.For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
National Training Wage 15.6

Need to create Pay Rate Templates and Employment Agreements.

Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

School-based apprentices

15.5

Need to create Pay Rate Templates and Employment Agreements.

For school-based apprentices, see Schedule D—School-based Apprentices

Substitution of public holidays 27

Need to customise rules

(a)          An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b)         An employer and employee may agree to substitute another part-day for a part day that would otherwise be a part-day public holiday under the NES.

Salaried/Individual flexibility arrangements

5

Need to customise rules

5.1  Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

Meal Breaks 14.1

Need to customise rules

The system can accommodate only one instance (i.e., 30 minutes) within a 1-hour period; this functionality will require customisation.

Conditions of Pay

Conditions of Pay
Clause Name
Clause number Key Details

Full-time employment

9.1

Engaged to work an average of 38 ordinary hours per week.

Part-time employment

10.1-10.4
  • Engaged to work less than 38 ordinary hours per week.

  • Receives pay and conditions equivalent to full-time employees on a pro-rata basis.

Part-time Minimum Engagement

10.5

Minimum of 3 consecutive hours on any shift.

Casual Employment

11.1-11.2

Paid the ordinary hourly rate plus a loading of 25%.

Casual Minimum Engagement

11.4

Minimum payment of 3 hours' work on each occasion required to attend.

Hours of Work

Hours of Work
Clause Name Clause Number Key Details

Ordinary Hours

13.2 (a)
  • Average of 38 hours per week.

  • Not exceeding 152 hours in 28 days.

Span of Hours

13.2 (b)
  • Between 6.00 am and 6.00 pm on any 5 out of 7 days.

  • On one day per week (Mon-Fri), hours may be worked between 6.00 am and 9.00 pm.

Daily Limits

13.2 (c)
  • Not to exceed 8 hours per day.

  • Up to 10 hours may be worked by arrangement (subject to WHS, roster arrangements, and supervision).

Meal Breaks

14.1
  • Unpaid break of 30 minutes to 1 hour.

  • Must be taken no later than 5 hours after commencing work.

  • Work during meal break paid at 200% of ordinary hourly rate until released for a break.

Paid Rest Breaks

14.2

Paid rest break of 10 minutes allowed each day.

Overtime and Penalty Rates

Overtime and Penalty Rates

Clause Name Clause Number Key Details
Overtime Rates (Full-time/Part-time)
20.1
  • Monday to Saturday (First 3 hours): 150% of ordinary hourly rate.

  • Monday to Saturday (After 3 hours): 200% of othe rdinary hourly rate.

  • Sunday: 200% of ordinary hourly rate.

Overtime Rates (Casual)

11.3, 20.1
  • Casuals working overtime are paid overtime rates (inclusive of casual loading logic in Note):

  • Monday to Saturday (First 3 hours): 175% of ordinary hourly rate.

  • Monday to Saturday (After 3 hours): 225% of ordinary hourly rate.

  • Sunday: 225% of ordinary hourly rate.

Call-back

20.2

Minimum payment of 3 hours at appropriate rate when recalled to work overtime after leaving premises.

Time Off Instead of Overtime (TOIL)

20.3

Time off equivalent to overtime hours worked.

Saturday Penalty Rates

21.1

Ordinary hours worked on Saturday paid at 125% of ordinary hourly rate.

Sunday Penalty Rates

21.2

Ordinary hours worked on Sunday paid at 200% of ordinary hourly rate.

Work Outside Ordinary Hours

21.3

All time worked outside ordinary hours is overtime (paid per Clause 20).

Public Holiday Rates

21.4 (a)

Work performed on public holidays paid at 250% of ordinary hourly rate.

Public Holiday Minimum Payment

21.4 (b-c)
  • Minimum payment of 4 hours for work on a public holiday.

  • Continuous shifts before/after part-day holidays count towards minimum payment.

Leave and Public Holidays

Leave and Public Holidays

Clause name Clause number Key Details

Annual Leave Loading

22.4

17.5% loading payable on wages during a period of annual leave.

Public Holidays 

27.1

Public holidays are provided for in the NES.

Work types

The list below explains the work types an employee can select on their timesheet.

Work Types
Work type

Description

Annual Leave Taken

Choose this work type when annual leave is taken

Compassionate Leave Taken

Choose this work type when compassionate leave is taken

Leave Without Pay Taken

Choose this work type when any unpaid leave is taken

Long Service Leave Taken

Choose this work type when any unpaid leave is taken

Paid Community Service Leave Taken

Choose this work type when community service leave is taken

Paid Family and Domestic Violence Leave Taken

Choose this work type when paid family and domestic violence leave taken

Personal/Carer's Leave Taken

Choose this work type when personal and/or carer's leave is taken

Public Holiday not worked

Choose this work type where a Permanent employee is not required to work on a shift falling on a public holiday that the employee would have otherwise worked had it not been a public holiday.

Time In Lieu Taken

Choose this work type when time in lieu is taken

10 hrs agreement

Choose this work type if by agreement between employee and employer an employee can work 10 ordinary hours in a shift

TIL Accrual - Overtime

Choose this work type if the employee elects to accrue time in lieu rather than be paid overtime for a shift

Recall to work

Choose this work type if the employee is recalled to work overtime after leaving premises.

No Meal Break

Choose this work type if the employee is working through meal break

No Minimum Shift Engagement

Choose this work type where the requirement of minimum engagement is not applicable.

Late Night Work

Choose this work type if the employee is required to worked between 6.00 am and 9.00 pm.

Travel Time

Choose this work type if the employee’s time spent travelling from one place to another is counted as time worked.

Subsequent Meal Allowance Overtime

Choose this work type if the employee’s if overtime extends into a second or subsequent meal break.

Shift conditions

Shift Conditions are further details you can add to a shift where perhaps more than one condition applies to your shift. Shift conditions are selected when you edit a timesheet record. The following is a list of Shift Conditions employees can select on their timesheet, and the meaning of each item.

A - M

10 hrs agreement

Select this shift condition if by agreement between employee and employer an employee can work 10 ordinary hours in a shift

Meal Allowance Overtime

Select this shift condition when required to work overtime in excess of 2 hours after usual ceasing time without prior notification.

N - Z

No Minimum Shift Engagement

Select this shift condition where the requirement of minimum engagement is not applicable.

TIL Accrual - Overtime

Select this shift condition if the employee elects to accrue time in lieu rather than be paid overtime for a shift

Tags

Employee Tags are specific conditions typically related to the employee’s agreement. These are often conditions negotiated and agreed between the employer and the employee, or unique characteristics of the employee’s role. Payment of these provisions is usually of a recurring and ongoing nature.

Tags

10 hour shift arrangement

Assign this tag to employees with 10 hours shift engagement

First Aid Allowance

Assign this tag if an employee has an appropriate first aid qualification and is appointed first aid officer

TIL of OT

Assign this tag if an employee has agreed to have all overtime hours accrued as time in lieu of overtime.

System Limitations

Please note that rules cannot interpret or calculate the clauses below due to platform limitations and will require manual intervention or a workaround.

System Limitations

 

Clause 20.3 Time off instead of payment for overtime 

  • (e)          Time off must be taken:

    • (i)            within the period of 6 months after the overtime is worked; and

    • (ii)          at a time or times within that period of 6 months agreed by the employee and employer.

  • (f)           If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.3 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

  • (g)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.3, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

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