austlii:cth/FWCA/2026/665
General information, not legal advice.
FWCA
2026-03-25
Original judgment source is linked above.
(e) the 25% casual loading is payable on a compounding basis with penalties including but
not limited to overtime, Saturday, Sunday and Public Holidays".
A higher loading than 175% will be applied as is necessary to ensure that the total remuneration for each Sunday AM shift for each employee is equal to or exceeds the total remuneration that would apply to that employee if they had been employed in the appropriate classification under the Aged Care Award 2020.
Reconciliations in relation to all Aged Care employees who work a Sunday shift will be conducted at the end of each pay period to ensure they are better off under the Agreement in comparison to the Aged Care Award 2020. The Applicant will pay any shortfalls to employees arising from these reconciliations as required.
absence from work for emergency community service leave.
10. In relation to the Agreement, the Applicant undertakes that if any employee becomes entitled to be paid a Leader Allowance (as set out at clause 16 of the Agreement), the employee will be paid such Leader Allowance at 10% of the individual employees' base rate of pay.
Is an Employee whose primary role is to provide direct care to residents and who has obtained a Certificate IV in Ageing Support, or an equivalent qualification that is relevant to the performance of their duties at Gorrinn Village (as reasonably determined by the Employer)
However, the Applicant reserves the right to pay more than the minimum rate set out below where it deems that a higher rate of pay is appropriate (a matter which is entirely at the Applicant's discretion).
The 'Allowance' or 'base rate' for Enrolled Nurses is the weekly rate for Enrolled Nurses
The 'Allowance' or 'base rate' for Aged Care Employees is the weekly rate for Level 2 Pay
The 'Allowance' or 'Base rate' for Registered Nurses is the weekly rate for Level 1, Pay Point 2, except in respect to shift allowances when the allowance rate will be the relevant percentage of Level 1, Pay Point 1.
Aged Care Employees (Direct and Non-Direct Care Workers)
of the relevant base rate per twelve hour period or part thereof
Afternoon Shift (any shift commencing at 10am and before 1pm)
Afternoon Shift (any shift commencing at 1pm and before 4pm)
Night Shift (any shift commencing at 4pm and before 4am)
Night Shift (any shift commencing at 4am and before 6am)
of the relevant base rate / allowance rat per twelve hour
Hospital/Graduate Certificate (or equivalent) - RNs
Certificate / Qualification in addition to the minimum qualifications as outlined in NMBA (atleast 2 certificates for units of competency toward a Diploma or Diploma in Advanced Nursing - EN's
Certificate / Qualification in addition to the minimum qualifications as outlined in NMBA (atleast 3 certificates for units of competency toward a Diploma or Diploma in Advanced Nursing - EN's
Afternoon Shift - Enrolled Nurse (any shift commencing not earlier than 12.00 noon and finishing after 6.00 pm on the same day)
Afternoon Shift - Registered Nurse (any shift commencing not earlier than 12.00 noon and finishing after 6.00 pm on the same day)
Night Shift - Registered Nurse (any shift commencing on or after 6.00 pm and finishing before 7.30 am on the following day)
Night Shift - Enrolled Nurse (any shift commencing on or after 6.00 pm and finishing before 7.30 am on the following day)
13. In relation to Appendix B (Classifications) of the Agreement, the Applicant undertakes the classification definitions are:
An enrolled nurse supervising other direct care employees is an employee who:
(a) has satisfactorily completed:
· a hospital based course of training in nursing leading to enrolment as an EN; or
· 500 hours or more theory content or a course accredited at advanced certificate, diploma or advanced diploma level leading to enrolment as an EN; or
· a course of training in a specified branch of nursing leading to enrolment on a register or roll maintained by the Nursing and Midwifery Board of Australia or its successor; and
(b) may be required to supervise other direct care employees.
First year of employment classified at this level
(a) An employee at this level performs their duties:
(i) according to their level of competence; and
(ii) under the general guidance of, or with general access to, a more competent registered nurse (RN) who provides work related support and direction.
(b) An employee at this level is required to perform general nursing duties which include substantially, but are not confined to:
· delivering direct and comprehensive nursing care and individual case management to patients or clients within the practice setting;
· coordinating services, including those of other disciplines or agencies, to individual patients or clients within the practice setting;
· providing education, counselling and group work services orientated towards the promotion of health status improvement of patients and clients within the practice setting;
· providing support, direction and education to newer or less experienced staff, including EN's, and student EN's and student nurses;
- · accepting accountability for the employee's own standards of nursing care and service delivery; and
- · participating in action research and policy development within the practice setting.
Formerly Grade 2, Yr 2-3
In excess of 1 year and up to 4 years of employment classified at this level
(a) An employee at this level performs their duties:
(i) according to their level of competence; and
(ii) under the general guidance of, or with general access to, a more competent registered nurse (RN) who provides work related support and direction.
(b) An employee at this level is required to perform general nursing duties which include substantially, but are not confined to:
- · delivering direct and comprehensive nursing care and individual case management to patients or clients within the practice setting;
- · coordinating services, including those of other disciplines or agencies, to individual patients or clients within the practice setting;
- · providing education, counselling and group work services orientated towards the promotion of health status improvement of patients and clients within the practice setting;
- · providing support, direction and education to newer or less experienced staff, including EN's, and student EN's and student nurses;
- · accepting accountability for the employee's own standards of nursing care and service delivery; and
- · participating in action research and policy development within the practice setting.
Registered Nurse Level 1 Pay Points 4 and thereafter
Formerly Grade 2, Yr 4
In excess of 4 years of employment classified at this level
(a) An employee at this level performs their duties:
- (i) according to their level of competence; and
(ii) under the general guidance of, or with general access to, a more competent registered nurse (RN) who provides work related support and direction.
(b) An employee at this level is required to perform general nursing duties which include substantially, but are not confined to:
· delivering direct and comprehensive nursing care and individual case management to patients or clients within the practice setting;
· coordinating services, including those of other disciplines or agencies, to individual patients or clients within the practice setting;
· providing education, counselling and group work services orientated towards the promotion of health status improvement of patients and clients within the practice setting;
· providing support, direction and education to newer or less experienced staff,
including EN's, and student EN's and student nurses;
· accepting accountability for the employee's own standards of nursing care and
· participating in action research and policy development within the practice setting.
Pay Point 1 and 2 Formerly 3A and 3B Clinical Nurse
All employees (less than 3 years of employment and in excess of 3 years of employment classified at this level)
(a) An employee at this level:
(i) holds any other qualification required for working in the employee's particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in clause A.5.2 on a continuing basis.
(b) In addition to the duties of an RN1, an employee at this level is required, to perform duties delegated by a Clinical nurse consultant or any higher level classification.
Duties of a Clinical Nurse will substantially include, but are not confined to:
· delivering direct and comprehensive nursing care and individual case management to a specific group of patients or clients in a particular area of nursing practice within the practice setting;
· providing support, direction, orientation and education to RN1's, EN's, student nurses and student EN's;
· being responsible for planning and coordinating services relating to a particular group of clients or patients in the practice setting, as delegated by the Clinical nurse consultant;
- · acting as a role model in the provision of holistic care to patients or clients in the practice setting; and
· assisting in the management of action research projects, and participating in quality assurance programs and policy development within the practice setting.
(a) An employee at this level:
(i) holds any other qualification required for working in the employee's particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when that the employee is required to perform the duties detailed as above on a continuing basis.
Registered Nurse Level 4 Formerly Grade 5 and 6 Clinical Nurse Consultant
(a) An employee at this level:
(i) holds any other qualification required for working in the employee's particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in clause A.5.4 on a continuing basis.
(b) Appointment at a particular grade at this level will depend upon the level of complexity associated with the duties described as above.
(c) In addition to the duties of an RN Level 3, an employee at this level will perform the following duties as a Clinical Nurse Consultant:
- · delivering direct and comprehensive nursing care and individual case management to a specific group of patients or clients in a particular area of nursing practice within the practice setting;
- · providing support, direction, orientation and education to RN1's, EN's, student nurses and student EN's;
- · being responsible for planning and coordinating services relating to a particular group of clients or patients in the practice setting, as delegated by the Clinical nurse consultant;
- · acting as a role model in the provision of holistic care to patients or clients in the practice setting; and
- · assisting in the management of action research projects, and participating in quality assurance programs and policy development within the practice setting.
Registered Nurse Level 5 Formerly Grade 7 Director of Care
(a) An employee at this level:
(i) holds any other qualification required for working in the employee's particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed as above on a continuing basis.
(b) Appointment at a particular grade at this level will depend upon the level of complexity associated with the duties described as above.
- (c) In addition to the duties of an RN Level 4, an employee at this level will perform the following duties:
· being accountable for the standards of nursing care for the health unit and for coordination of the nursing service of the health unit;
· participating as a member of the executive of the health unit, being accountable to the executive for the development and evaluation of nursing policy, and generally contributing to the development of health unit policy;
· providing leadership, direction and management of the nursing division of the health unit in accordance with policies, philosophies, objectives and goals established through consultation with staff and in accordance with the directions of the Board of Directors of the health unit;
· providing leadership and role modelling, in collaboration with others, particularly in the areas of staff selection, promotion of participative decision making and decentralisation of nursing management and generally advocating for the interests of nursing to the executive team of the health unit;
· managing the budget of the nursing division of the health unit;
· ensuring that nursing services meeting changing needs of clients or patients through proper strategic planning; and
· complying, and ensuring the compliance of others, with the code of ethics and legal requirements of the nursing profession.
An employee whose primary role is to provide direct care to residents and who has less than 3 months' aged carer
An employee whose primary role is to provide direct care to residents and who has 3 months' or more aged carer
An employee whose primary role is to provide direct care to residents and who has obtained a Certificate III in Individual Support (Ageing) or equivalent qualification.
An employee whose primary role is to provide direct care to residents and who has obtained a Certificate III in Individual Support (Ageing) or equivalent qualification and has obtained 4 years' experience classified at level 3 after 1 January 2025.
Is an Employee whose primary role is to provide direct care to residents and who has obtained a Certificate IV in Ageing Support, or an equivalent qualification that is relevant to the performance of their duties at Gorrinn Village (as reasonably determined by the Employer)
A direct care employee who has obtained a Certificate IV in Ageing Support or equivalent qualification as a requirement for the performance of their duties by the employer and is required to supervise and train other direct care employees.
An employee who has less than three months' work experience in the industry and performs basic duties. An
· works within established routines, methods and procedures;
· has minimal responsibility, accountability or discretion;
· works under direct or routine supervision, either individually or in a team; and
· requires no previous experience or training.
General and administrative services Food services
· is capable of prioritising work within established routines, methods and procedures;
· is responsible for work performed with a limited level of accountability or discretion;
· works under limited supervision, either individually or in a team;
· possesses sound communication skills; and
· requires specific on-the-job training and/or relevant skills training or experience. Indicative tasks performed at this level are:
General clerk/Typist (between 3 months' and less than 1 year's service)
· is capable of prioritising work within established routines, methods and procedures (non admin/clerical);
· is responsible for work performed with a medium level of accountability or discretion (non admin/clerical);
· works under limited supervision, either individually or in a team (non admin/clerical);
· possesses sound communication and/or arithmetic skills (non admin/clerical);
· requires specific on-the-job training and/or relevant skills training or experience (non admin/clerical); and
· In the case of an admin/clerical employee, undertakes a range of basic clerical functions within established routines, methods and procedures.
General clerk/Typist (second and subsequent years of service)
Driver (less than 3 ton) who is required to hold a St John Ambulance first aid certificate
· is capable of prioritising work within established policies, guidelines and procedures;
· is responsible for work performed with a medium level of accountability or discretion;
· works under limited supervision, either individually or in a team;
· possesses good communication, interpersonal and/or arithmetic skills; and
· requires specific on-the-job training, may require formal qualifications and/or relevant skills training or experience.
General and administrative services Food services
Maintenance/Handyperson (qualified) Senior cook (trade) Driver (3 ton and over)
· is capable of functioning semi-autonomously, and prioritising their own work within established policies, guidelines and procedures;
· is responsible for work performed with a substantial level of accountability;
· works either individually or in a team;
· may assist with supervision of others;
· requires a comprehensive knowledge of medical terminology and/or a working knowledge of health insurance schemes (admin/clerical);
· may require basic computer knowledge or be required to use a computer on a regular basis;
· possesses administrative skills and problem solving abilities;
· possesses well developed communication, interpersonal and/or arithmetic skills; and
· requires substantial on-the-job training, may require formal qualifications at trade or certificate level and/or relevant skills training or experience.
General and administrative services Food services
· is capable of functioning with a high level of autonomy, and prioritising their work within established policies, guidelines and procedures;
· is responsible for work performed with a substantial level of accountability and responsibility;
· works either individually or in a team;
· may require comprehensive computer knowledge or be required to use a computer on a regular basis;
· possesses administrative skills and problem solving abilities;
· possesses well developed communication, interpersonal and/or arithmetic skills; and
· may require formal qualifications at post-trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.
General and administrative services Food services
· is capable of functioning autonomously, and prioritising their work and the work of others within established policies, guidelines and procedures;
· is responsible for work performed with a substantial level of accountability and responsibility;
· may supervise the work of others, including work allocation, rostering and guidance;
· works either individually or in a team;
· may require comprehensive computer knowledge or be required to use a computer on a regular basis;
· possesses developed administrative skills and problem solving abilities;
· possesses well developed communication, interpersonal and/or arithmetic skills; and
· may require formal qualifications at trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.
General and administrative services Food services
Interpreter (qualified) Chef /Food services supervisor Gardener superintendent