Isabelle TorresNurses Award 2020 — Rights, Pay and Entitlements Explained (2026)
The Nurses Award 2020 (MA000034) is a Modern Award made by the Fair Work Commission that sets the minimum pay rates and employment conditions for nurses, midwives, and assistants in nursing employed in Australia's private sector. Whether you work in a private hospital, a residential aged care facility, or a community nursing agency, this award establishes the legal floor for your wages, leave, superannuation, and workplace entitlements.
With more than 100,000 workers covered across private healthcare, understanding your rights under the Nurses Award 2020 is essential. This guide explains the classification system, how pay is calculated, your entitlements to annual leave and redundancy, notice period rules, and superannuation obligations — all updated for 2025-26.
Who Does the Nurses Award 2020 Cover?
The Nurses Award 2020 applies to:
- Registered Nurses (RNs) and Registered Midwives working in the private sector
- Enrolled Nurses (ENs) employed by private healthcare employers
- Assistants in Nursing (AINs) providing care under the supervision of registered or enrolled nurses
- Employees of private hospitals, day procedure centres, private aged care providers, and private community nursing services
The award does not cover public sector nurses employed by state or territory governments. Those workers are generally covered by state public sector awards or enterprise agreements. If you are employed by a state health department or a public hospital, contact your union — typically the Australian Nursing and Midwifery Federation (ANMF) or the NSW Nurses and Midwives' Association (NSWNMA) — for the applicable agreement.
The Nurses Award 2020 covers most awards for the classification of nurse regardless of the percentage of time spent on direct nursing work, provided nursing duties form a significant component of the role.
Classification Levels and Pay Rates
Pay under the Nurses Award 2020 is set by reference to an employee's classification level and, for most classifications, years of experience in that grade. The award uses three main streams:
Registered Nurses — Grades 1 to 8
Registered Nurses are classified from Grade 1 (entry level, recently registered) through Grade 8 (senior nurse manager or consultant). Progression through Grade 1 occurs annually with increments for each completed year of service.
| Classification | Description |
|---|---|
| RN Grade 1, Years 1–5 | New graduates and early-career nurses |
| RN Grade 2 | Nurses with enhanced clinical skills or team coordination responsibilities |
| RN Grade 3 | Clinical Nurse Specialist / Senior Charge Nurse |
| RN Grade 4 | Nurse Unit Manager Level 1 / Senior Clinical Nurse Consultant |
| RN Grade 5 | Nurse Unit Manager Level 2 |
| RN Grade 6 | Nursing Director / Senior Nurse Manager |
| RN Grade 7–8 | Executive Nursing roles |
Minimum hourly rates increase with each grade and, within Grade 1, with each year of experience. All rates are set by the Fair Work Commission and increase annually in line with the National Wages Review. Current rates are published in the FWO Pay Guide for the Nurses Award 2020 and are updated each July. Verify your current rate at the Fair Work Ombudsman website (fairwork.gov.au) or with your union representative.
Enrolled Nurses — Grades 1 to 3
Enrolled Nurses are classified in three grades:
- EN Grade 1 — Standard enrolled nurse role; incremental steps for experience (Years 1–3)
- EN Grade 2 — Enrolled nurse with advanced or specialist responsibilities
- EN Grade 3 — Senior enrolled nurse with clinical leadership functions
Assistants in Nursing — Levels 1 and 2
AINs are classified at two levels reflecting their scope of practice and supervision requirements:
- AIN Level 1 — Basic care assistant functions under direct supervision
- AIN Level 2 — Broader care assistance with increased autonomy
AIN rates are set at a level above the National Minimum Wage (AUD $24.10/hour as of 2025-26) but below enrolled and registered nurse classifications.
Annual Wage Review
The Fair Work Commission conducts an Annual Wage Review each year, with increases taking effect on 1 July. In July 2025, the Commission updated award rates for 2025-26. Always verify your current minimum rate against the FWO Pay Guide (updated annually at fairwork.gov.au), or use the Fair Work Ombudsman's Pay Calculator at calculate.fairwork.gov.au. Alternatively, contact the Fair Work Ombudsman on 13 13 94.
Overtime and Penalty Rates
The Nurses Award 2020 contains a detailed structure of penalty rates applying to non-standard hours of work.
Overtime
Overtime is payable when an employee works more than their ordinary rostered hours (generally 38 hours per week for full-time employees, or the agreed part-time hours). Overtime is calculated at:
- 150% of the ordinary hourly rate for the first 2 hours of overtime on any day
- 200% for overtime beyond 2 hours
A minimum recall payment applies when an employee is called back after leaving the workplace.
Shift Penalties
The Nurses Award 2020 pays loadings for work outside ordinary daytime hours:
- Afternoon shift (finishing after 6pm and at or before midnight): 15% loading on base rate
- Night shift (finishing after midnight or commencing before 6am): 30% loading on base rate
- Rotating shifts: 12.5% loading on base rate
- Permanent night shift: 30% loading
Saturday and Sunday Work
- Saturday: 150% of the ordinary hourly rate
- Sunday: 200% of the ordinary hourly rate
Public Holiday Work
Employees required to work on a public holiday receive 250% of their ordinary rate (the 150% penalty rate plus their ordinary rate). Where a public holiday falls on an employee's rostered day off, a substitute day off is provided.
Casual Loading
Casual employees receive a 25% loading above the base ordinary hourly rate in lieu of paid leave entitlements. This is a National Employment Standard requirement under Fair Work Act 2009 s.67B (casual loading for modern award employees, as amended from 26 August 2022).
Annual Leave
NES Minimum Entitlement
Under the National Employment Standards (NES), all full-time employees are entitled to 4 weeks (20 days) of paid annual leave per year, accruing progressively throughout the year (Fair Work Act 2009 s.87).
Part-time employees accrue leave on a pro-rata basis relative to their contracted hours.
Shiftworkers — 5 Weeks' Leave
Under the Nurses Award 2020, employees who are genuine shiftworkers — that is, regularly rostered to work on Sundays and public holidays and whose roster includes all shifts — are entitled to 5 weeks (25 days) of paid annual leave per year.
Annual Leave Loading
Employees taking annual leave under the Nurses Award 2020 are entitled to an annual leave loading of 17.5% of their ordinary time rate, in addition to their normal pay. This loading compensates nurses for the loss of penalty rates and overtime while on leave.
For example, a nurse earning AUD $40.00/hour receives AUD $46.00/hour effective pay during annual leave (base rate plus 17.5% loading).
Accrual
Annual leave accrues at the rate of:
- Full-time: approximately 1.538 days per fortnight (4 weeks / 26 fortnights)
- Shiftworkers: approximately 1.923 days per fortnight (5 weeks / 26 fortnights)
Leave may be cashed out by agreement under the Nurses Award 2020, subject to conditions, including that the employee retains at least 4 weeks accrued leave after cashing out.
Notice Period
NES Minimum Notice — Employer Dismissal
Under Fair Work Act 2009 s.117, the minimum notice period an employer must give an employee upon dismissal is:
| Continuous service | Minimum notice |
|---|---|
| Less than 1 year | 1 week |
| 1 year to less than 3 years | 2 weeks |
| 3 years to less than 5 years | 3 weeks |
| 5 years or more | 4 weeks |
Over-45 supplement: An additional 1 week notice is required where the employee is over 45 years old and has at least 2 years of continuous service with the employer.
In lieu of notice: where the employer does not give the required notice, the employee must be paid out the equivalent of the notice period at their ordinary rate of pay.
Employee Resignation
On resignation, employees are generally required to give equivalent notice to the NES minimum. The Nurses Award 2020 may specify a contractual notice period — check your contract and the current award terms.
Redundancy Pay
If you are made genuinely redundant — that is, your position is no longer required due to a genuine operational reason — you are entitled to redundancy pay under the NES (Fair Work Act 2009, Schedule 4, s.119).
NES Genuine Redundancy Scale
| Continuous service | Weeks of pay |
|---|---|
| At least 1 year but less than 2 | 4 weeks |
| At least 2 years but less than 3 | 6 weeks |
| At least 3 years but less than 4 | 7 weeks |
| At least 4 years but less than 5 | 8 weeks |
| At least 5 years but less than 6 | 10 weeks |
| At least 6 years but less than 7 | 11 weeks |
| At least 7 years but less than 8 | 13 weeks |
| At least 8 years but less than 9 | 14 weeks |
| At least 9 years but less than 10 | 16 weeks |
| 10 years or more | 12 weeks (statutory cap) |
Small business exemption: Employers with fewer than 15 employees are exempt from the NES redundancy pay obligation under the Fair Work Act 2009.
Award enhancement: The Nurses Award 2020 does not provide redundancy pay above the NES statutory minimum. However, your individual enterprise agreement or employment contract may provide enhanced redundancy. Contact your union (ANMF or NSWNMA) to check whether an applicable enterprise agreement applies to your workplace.
Tax Treatment
Genuine redundancy payments up to the tax-free threshold (AUD $12,524 for the base amount, plus AUD $6,264 per completed year of service for 2025-26) are tax-free. Amounts above the threshold are treated as an Eligible Termination Payment (ETP) at a concessional tax rate.
Superannuation
Superannuation Guarantee Rate
Under the Superannuation Guarantee (Administration) Act 1992, your employer is required to contribute 12.0% of your ordinary time earnings to a complying superannuation fund from 1 July 2025. This is the Superannuation Guarantee (SG) and is paid in addition to your wages — it does not come out of your take-home pay.
Ordinary time earnings generally includes your base hourly rate and regular allowances but excludes overtime.
Concessional Contributions Cap
The total of employer SG contributions and any voluntary salary sacrifice contributions to super must not exceed the concessional contributions cap of AUD $30,000 per year (2025-26) to receive tax-preferred treatment.
Choice of Fund
Under Fair Work Act 2009 s.149A, employees are entitled to choose which complying superannuation fund their employer's SG contributions are paid into. Common funds for nurses include HESTA (Health Employees Superannuation Trust Australia) and Aware Super (previously First State Super). Your employer must contribute to your nominated fund if it is a complying fund.
Your Rights at Work
Unfair Dismissal
If you believe you have been unfairly dismissed, you may apply to the Fair Work Commission under Fair Work Act 2009 s.482. To be eligible:
- You must have completed the minimum employment period: 6 months for employers with 15 or more employees, 12 months for small businesses (fewer than 15 employees)
- Your dismissal must not be a genuine redundancy
Applications must be lodged within 21 days of the dismissal taking effect.
General Protections
Part 3-1 of the Fair Work Act 2009 protects employees from adverse action taken because of a workplace right (such as making a complaint, taking parental leave, or exercising a right under the award), union membership, or other protected characteristics. These protections apply from your first day of employment with no minimum service period.
Right of Entry
Under the Fair Work Act 2009 Part 3-4, union officials who hold an entry permit have a right to enter your workplace to investigate suspected breaches of the award or enterprise agreement, hold discussions with members during breaks, or inspect time and wages records. Your employer must not unreasonably refuse lawful entry.
Workplace Health and Safety
The Work Health and Safety Act 2011 (Cth) and equivalent state/territory legislation impose a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their workers. This includes healthcare workers who face physical, psychological, and infectious hazards. You have the right to refuse unsafe work without penalty.
Frequently Asked Questions
Does the Nurses Award 2020 apply to public hospital nurses? No. The Nurses Award 2020 covers private sector employers. Public sector nurses are covered by state/territory public sector awards or enterprise agreements.
What is the minimum wage for a Registered Nurse under the Nurses Award 2020? Pay rates are set by the Fair Work Commission and updated each July. Verify current Grade 1 Year 1 rates at fairwork.gov.au or contact the Fair Work Ombudsman on 13 13 94.
Am I entitled to overtime if I work more than 38 hours? Yes. Overtime is payable at 150% for the first 2 hours and 200% thereafter on any given day, above your rostered ordinary hours.
Can my employer direct me to take annual leave? Yes, under the Nurses Award 2020 an employer may direct employees to take accumulated leave if it accrues excessively, provided reasonable notice is given.
Is my superannuation taxed? Concessional contributions (including employer SG and salary sacrifice) are generally taxed at 15% within the fund — lower than most personal income tax rates.
Disclaimer
This article is for general information purposes only and does not constitute legal advice. Employment entitlements under the Nurses Award 2020 are subject to change and may be affected by applicable enterprise agreements. For questions about your specific employment situation, contact the Australian Nursing and Midwifery Federation (ANMF), the Fair Work Ombudsman (13 13 94) or a qualified employment lawyer.
