Mia JonesAustralia's aged care sector employs more than 250,000 workers across residential homes, day programs and home-care services — making the Aged Care Award 2010 one of the most consequential modern awards under the national workplace relations system. If you work as a personal care worker, home carer, enrolled nurse, cook, cleaner, laundry hand or administrative officer in the aged care industry, this award sets the minimum pay rates and conditions that apply to your employment. Understanding it fully helps you check whether you are being paid correctly, what entitlements you are owed, and what to do if something goes wrong.
What is the Aged Care Award 2010?
The Aged Care Award 2010 (Fair Work Commission instrument code MA000018) is a modern award made by the Fair Work Commission under the Fair Work Act 2009. It replaced a raft of pre-reform state and federal instruments and has been significantly restructured since 2020 following the landmark Aged Care Work Value case (AM2020/99), in which the Commission recognised that aged care workers had been historically underpaid relative to their skills and responsibilities.
Two major pay increases flowed from that decision: the first took effect on 1 July 2023, and a second tranche was implemented from 1 January 2025. On top of those, the Annual Wage Review 2025 delivered a further 3.5 per cent increase effective from the first full pay period on or after 1 July 2025. The result is a meaningfully higher wage floor for a sector that has long struggled with recruitment and retention.
Pay Structure and Classification Levels
The award divides the workforce into two streams: General Employees and Direct Care Employees. Direct care workers — those who deliver hands-on personal or clinical care — attract substantially higher minimum rates as a result of the Work Value case.
General Employees (Levels 1–7) — from 1 July 2025
| Level | Typical roles | Hourly rate (AUD) | Weekly rate (AUD, 38 hrs) |
|---|---|---|---|
| 1 | Cleaner, laundry hand, general kitchen hand | $26.51 | $1,007.50 |
| 2 | Experienced cleaner, food services assistant, gardener | $27.56 | $1,047.50 |
| 3 | Senior clerk, receptionist, food services coordinator | $28.62 | $1,087.70 |
| 4 | Qualified tradesperson (cook/chef), senior support | $28.96 | $1,100.50 |
| 5 | Coordinator, experienced tradesperson | $29.94 | $1,137.80 |
| 6 | Senior coordinator, specialist support role | $31.55 | $1,198.90 |
| 7 | High-level technical or specialist role | $32.12 | $1,220.60 |
Direct Care Employees (Levels 1–6) — from 1 July 2025
| Level | Classification | Hourly rate (AUD) |
|---|---|---|
| 1 | Introductory Direct Carer (less than 3 months' experience) | $31.13 |
| 2 | Direct Carer (3 months or more experience) | $32.86 |
| 3 | Qualified Direct Carer (Certificate III in Individual Support or equivalent) | $34.59 |
| 4 | Senior Direct Carer (Cert III + 4 years' relevant experience) | $35.97 |
| 5 | Advanced Direct Carer / enrolled nurse equivalent | $36.74 |
| 6 | Senior Advanced Carer / specialist role | $37.14 |
All rates are expressed as ordinary time hourly rates and include the effect of recent Work Value increases. They are subject to upward revision following each Annual Wage Review. Check the Fair Work Ombudsman Pay Guide (MA000018) for the most current figures after 1 July each year.
Working Hours, Overtime and Penalty Rates
The standard ordinary hours under the Aged Care Award 2010 are 38 hours per week, averaged across the applicable roster cycle. Ordinary hours may be averaged over a period of up to 4 weeks where an agreement or roster provides.
Overtime rates (full-time and part-time employees)
| When incurred | Rate |
|---|---|
| Monday to Friday, first 2 hours | 150% |
| Monday to Friday, after 2 hours | 200% |
| Saturday (overtime) | 200% |
| Sunday (overtime) | 200% |
| Public holiday (overtime) | 250% |
Shift penalties (ordinary hours worked outside the standard spread)
| Shift | Rate |
|---|---|
| Afternoon shift (starting between 10 am and 1 pm) | 110% |
| Afternoon shift (starting between 1 pm and 4 pm) | 112.5% |
| Night shift (starting between 4 pm and 4 am) | 115% |
| Night shift (starting between 4 am and 6 am) | 110% |
Weekend penalties (ordinary hours)
| Day | Full-time / Part-time | Casual |
|---|---|---|
| Saturday | 150% | 175% |
| Sunday | 175% | 200% |
| Public holiday | 250% | 275% |
Casual loading is 25 per cent on top of the ordinary hourly rate, as required by Fair Work Act 2009 s.67B (introduced from 26 August 2022). Casual rates in the table above already include this loading.
A minimum break of 10 hours must be provided between the end of one shift and the start of the next. This can be reduced to 8 hours by agreement between the employee and employer, but payment at overtime rates applies to any hours worked in the period below 10 hours.
Annual Leave
Entitlement
Full-time and part-time employees accrue 4 weeks (20 days) of paid annual leave per year of service, in accordance with the National Employment Standards (NES) under Fair Work Act 2009 s.87. Employees who qualify as shiftworkers under the award are entitled to 5 weeks (25 days) annually.
Leave loading
The Aged Care Award 2010 provides for annual leave loading of 17.5 per cent of the employee's base rate during the leave period. Shiftworkers receive the higher of 17.5 per cent or the shift and weekend penalties they would have earned had they worked during the leave period.
Accrual and cashing out
Annual leave accrues progressively throughout the year. Employees may cash out up to 2 weeks of accrued annual leave in any 12-month period by written agreement, provided they retain a minimum balance of 4 weeks (Fair Work Act 2009 s.93).
Notice Period
NES minimum notice on employer dismissal (Fair Work Act 2009 s.117)
| Continuous service | Notice |
|---|---|
| Less than 1 year | 1 week |
| 1 year to 3 years | 2 weeks |
| 3 years to 5 years | 3 weeks |
| 5 years or more | 4 weeks |
Employees aged 45 years or over with at least 2 years of continuous service are entitled to an additional 1 week's notice. Where the employer fails to give the required notice, payment in lieu must be made at the employee's full ordinary rate for the notice period.
The Aged Care Award 2010 does not provide a notice scale exceeding the NES — the statutory minimum applies. Employees resigning must give the same minimum notice as the employer would be required to give (unless the employer agrees otherwise).
Unfair dismissal
Employees who have completed the minimum employment period (6 months continuous service with an employer who has 15 or more employees; 12 months for a small business employer) are protected against unfair dismissal under Fair Work Act 2009 s.382. Applications must be lodged within 21 days of the dismissal taking effect.
Redundancy Pay
When an employee is made genuinely redundant — meaning the employer no longer requires the position to be performed by anyone, has consulted under the applicable consultation obligations, and has explored reasonable redeployment — the NES genuine redundancy provisions in Fair Work Act 2009 s.119 and Schedule 4 apply.
NES redundancy scale
| Continuous service | Weeks of redundancy pay |
|---|---|
| 1 year (less than 2) | 4 weeks |
| 2 years (less than 3) | 6 weeks |
| 3 years (less than 4) | 7 weeks |
| 4 years (less than 5) | 8 weeks |
| 5 years (less than 6) | 10 weeks |
| 6 years (less than 7) | 11 weeks |
| 7 years (less than 8) | 13 weeks |
| 8 years (less than 9) | 14 weeks |
| 9 years (less than 10) | 16 weeks |
| 10 years or more | 12 weeks (capped) |
Each week of pay is calculated at the base rate for ordinary hours (not including overtime, penalties or allowances). Small business employers with fewer than 15 employees are exempt from NES redundancy pay under s.121(1)(b). No confirmed award-specific enhancement above the NES formula applies to the Aged Care Award 2010 — the NES scale is the applicable minimum.
Tax treatment: genuine redundancy payments are partially tax-free under the Income Tax Assessment Act 1997. The tax-free threshold is AUD $11,985 plus AUD $5,994 per completed year of service (2025-26 rates — verify via the Australian Taxation Office for the applicable income year).
Superannuation
Since 1 July 2025, employers must contribute 12 per cent of an employee's ordinary time earnings to a complying superannuation fund under the Superannuation Guarantee (Administration) Act 1992. This is the employer's contribution and is payable in addition to the employee's gross wage — it is not deducted from take-home pay.
Employees are entitled to choose their own complying superannuation fund under Fair Work Act 2009 s.149A. Where an employee does not nominate a fund, contributions must be paid to the employer's default fund (a MySuper-authorised product) or, from November 2021, to the employee's existing stapled fund as identified through the Australian Taxation Office.
Concessional contributions cap: the combined total of employer SG contributions and any pre-tax voluntary contributions (salary sacrifice) must not exceed AUD $30,000 per financial year (2025-26) without incurring additional tax.
Allowances
The Aged Care Award 2010 provides for several sector-specific allowances:
- Leading hand allowance: 2.67 per cent (2–5 workers supervised) to 5.88 per cent (10 or more workers supervised) of the standard rate, paid as an addition to the ordinary rate while performing leading hand duties.
- Meal allowance (overtime): AUD $16.62 for the first meal, AUD $14.98 for each subsequent meal where overtime extends beyond 2 hours or more above ordinary hours.
- Vehicle allowance: AUD $0.99 per kilometre (minimum) for employees required to use their own vehicle on employer business. This is a minimum floor; the current ATO cents-per-kilometre rate may apply if more favourable.
- Tool allowance (cooks and chefs): AUD $13.41 per week where a cook is required to provide their own tools.
- Sleepover allowance: where an employee is required to sleep over at a residential facility, the allowance and minimum payment provisions in the award apply. Employers must provide suitable sleeping accommodation as a condition of requiring a sleepover.
- Ceremonial leave: Aboriginal and Torres Strait Islander employees are entitled to up to 10 days of unpaid leave per year to meet cultural or ceremonial obligations.
State and Territory Variations
Modern awards are federal instruments, meaning pay rates and most working conditions are uniform across all states and territories. However, three significant entitlements remain state-based and vary by jurisdiction:
Long service leave
Long service leave is governed by state and territory legislation. Qualifying periods and entitlements differ significantly:
| State/Territory | Qualifying period | Entitlement | Governing legislation |
|---|---|---|---|
| NSW | 10 years | 8.667 weeks (2 months) | Long Service Leave Act 1955 (NSW) |
| VIC | 7 years | 6.067 weeks (pro-rata available from 7 years) | Long Service Leave Act 2018 (VIC) |
| QLD | 10 years | 8.667 weeks | Industrial Relations Act 2016 (QLD) s.94 |
| SA | 10 years | 13 weeks | Long Service Leave Act 1987 (SA) |
| WA | 10 years | 8.667 weeks (state system workers) | Long Service Leave Act 1958 (WA) |
| TAS | 10 years | 8.667 weeks | Long Service Leave Act 1976 (TAS) |
| ACT | 7 years | 6.067 weeks (pro-rata available from 7 years) | Long Service Leave Act 1976 (ACT) |
| NT | 10 years | 13 weeks; after subsequent 5 years: +6.5 weeks | Long Service Leave Act 1981 (NT) |
Use the Long Service Leave tab in the free calculator above to estimate your entitlement based on your state.
Public holidays
Federal public holidays apply across the country: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, ANZAC Day, King's Birthday (varies by state), Christmas Day and Boxing Day. Additional state-specific public holidays include Melbourne Cup Day (VIC), EKKA Show Day (Brisbane metro QLD), Adelaide Cup (SA), Foundation Day (WA) and Eight Hours Day (TAS).
Workers compensation
Workers compensation schemes are state-administered. Premiums, coverage and claim processes differ between icare (NSW), WorkSafe (VIC), WorkCover (QLD), ReturnToWorkSA, WorkCover WA, WorkCover Tasmania, the ACT's WorkSafe ACT, and NT WorkSafe. Injured workers should contact the relevant scheme in the state where they are employed.
Your Rights at Work
Employees covered by the Aged Care Award 2010 have the full suite of NES protections, plus additional rights under the Fair Work Act 2009:
- Unfair dismissal (FWA Pt 3-2): lodged to the Fair Work Commission within 21 days. Must have completed the minimum employment period (6 months / 12 months for small business).
- General protections (FWA Pt 3-1): prohibit adverse action against an employee for exercising a workplace right, for union membership, or on discriminatory grounds. No minimum period applies.
- Right of entry (FWA Pt 3-4): union officials holding a valid entry permit may enter the workplace to investigate suspected breaches or hold discussions with members.
- Work Health and Safety: the Work Health and Safety Act 2011 (Cth) (and equivalent state acts) impose duties on employers to provide a safe system of work. In aged care, this includes infection control, manual handling equipment and appropriate staffing ratios.
- Anti-discrimination: the Fair Work Act 2009 s.351 prohibits adverse action on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Disclaimer
This article is for general information purposes only and does not constitute legal advice. Pay rates, allowances and entitlements are subject to change following each Annual Wage Review and Fair Work Commission decisions. For questions about your specific employment situation, contact your union, the Fair Work Ombudsman (1300 724 690), or a qualified employment lawyer.
