Private Sector FAQs

Please note the advice provided on these pages is intended as general advice.

If, after reviewing the Frequently Asked Questions below you have additional questions, please contact the ANMF (SA Branch) using the contact form at the bottom of the page.

My workplace

Q. My employer has decided to make major changes at work, what can I do?

A. First, ask your employer to put the proposed changes in writing.

If your employer has made a definite decision to make major changes that could have a significant effect on you and your colleagues resulting in:

termination of employment; or
major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
loss of, or reduction in, job or promotion opportunities; or
loss of, or reduction in, job tenure; or
alteration of hours of work; or
the need for employees to be retrained or transferred to other work or locations; or
job restructuring.

Then your employer is obliged to consult with all effected employees, and their representative.

As a member of the ANMF (SA Branch) you are entitled to our representation.

We therefore encourage you to contact the ANMF (SA Branch) via the form below. Outline the details of your proposed change and upload copies of any written communication from your employer.

Member Assist form

Q. My employer is proposing to make changes to my regular roster / ordinary hours of work. What are my rights?

A. First, ask your employer to put the proposed changes in writing.

If your employer is proposing to change the regular roster or your ordinary hours of work, then your employer is obliged to consult with all effected employees, and their representative.

As a member of the ANMF (SA Branch) you are entitled to our representation.

We therefore encourage you to contact the ANMF (SA Branch) via the form below. Please make sure you outline the details of your proposed change and upload copies of any written communication from your employer.

My Entitlements, Contract, and Pay Rates

Pay rates and incremental progression

Q. What are my rates of pay?

A. What your rate of pay is will depend on your classification.

Please log in here to download a copy of the rates of pay that applies to you.

Q. Does my employer have to give me a payslip?

A. Yes. When an employer makes a payment of wages, they must provide you with a pay slip showing the following information:

the name of the employer; and
the amount of the payment; and
the period of employment to which the payment relates; and
if the employee is paid on an hourly basis, or on a basis on which the rate of pay varies according to the time worked the number of hours worked by the employee during the period to which the payment relates (distinguishing between ordinary time and overtime);
the rate or rates of pay on which the payment is based; and
if the employer has made a contribution to a superannuation fund for the benefit of the employee—the name of the fund to which the contribution was made and the amount of the contribution.

Q. Should leave balances be on my pay slip?

A. Whilst it’s best practice to show an employee’s leave balance on their payslip, it isn’t a legal requirement.

Your employer does need to tell you what your entitlement is if you ask for it.

Q. I don’t think I am being paid correctly what should I do? 

A. If you have not already raised the underpayment with your employer, you should do so. If your employer is cooperative, this is the easiest and quickest way to rectify the underpayment.

If you believe that you are not being paid correctly you should lodge a written inquiry to your manager and/or payroll in the first instance as it may be simple error that can be fixed easily. A simple email stating how much you believe you were underpaid and why will suffice. Make sure to request that the issue be fixed and a written response within 10 business days.

If you still need assistance, contact the ANMF (SA Branch) via the form below. Please make sure you outline the details of your situation and upload copies of pay slips, your written inquiry and your payroll office’s response in the form.

Member Assist form

Q. I have just started a new position – what should I be paid?

A. Firstly, congratulations on the new position! Your letter of offer should advise your pay point, hours of work, commencement date. It’s always a good idea to keep a copy of your letter of offer and copy of contract for future reference in claiming incremental progression and pay points.

Regarding your classification and increment on appointment, it will be determined by reference to your relevant continuous experience since becoming an RN/EN. Your commencement rate will be subject to your employer’s approval, but will look at your recognised service elsewhere. We suggest you provide your employer with as much information as possible such as payslips, statement of service and CVs to demonstrate the classification and increment you believe you should be paid at, as the onus is on you to demonstrate your experience.

If you experience difficulties with the above, please contact the ANMF (SA Branch) via the form below.

Member Assist form

Q. When am I entitled to progress to the next pay point? 

A. You will be entitled to progress to the next increment higher than your previous increment on your next annual anniversary date (or after completing 1610 hours for casual/part time employees but no earlier than 12 months) in accordance with existing incremental progression dates.

Q. I’ve been in my job for 12 months, why haven’t I progressed?

A. The enterprise agreement or award you are employed under will have a definition of “experience” and what is required to progress through the increments.

The most common requirement for incremental progression is that you must work more than 1786 hours within your anniversary year. If you worked less, i.e you are part-time or casual, it can longer than 12 months to progress to the next increment. Check your agreement or award [here] to see what the requirements are where you work.

If you believe you have met the minimum requirements for incremental advancement, but have not been automatically advanced, you should lodge a written inquiry to your payroll office/Shared Services. State that you believe you have met the requirements for advancement and seek correction and written response within 10 business days.

If you still need assistance, contact the ANMF (SA Branch) via the form below. Please make sure you outline the details of your situation and upload copies of pay slips, your written inquiry and your payroll office’s response in the form.

Member Assist form

Rostering, Overtime and On call

Q. Should I get paid for overtime?

A. Overtime is an entitlement and should be claimed and paid. By claiming your overtime, you ensure actual working hours are recorded which means problems with inadequate staffing levels can be identified and addressed.

The overtime penalties you are entitled to will be set out in the Enterprise Agreement that applies to your workplace or the Nurses Award 2010 / Aged Care Award 2010.

Q. Can I refuse to work overtime?

A. You may refuse to work overtime in circumstances where the working of such overtime would result in you working hours which are unreasonable, having regard to:

Any risk to your health and safety;
Your personal circumstances including any family responsibilities;
The needs of the workplace;
The notice (if any) given by your employer of the overtime and the notice you give of your intention to refuse it; and
Any other relevant matter.

Q. Should I get paid for being on call?

A. If you are required to be on call at your private residence or another mutually agreed place, you are entitled to be paid an on-call allowance. The overtime penalties you are entitled to will be set out in the Enterprise Agreement that applies to your workplace, the Nurses Award 2010 or the Aged Care Award 2010.

Q. What are my meal and tea break entitlements?  

A. Every employee is entitled to a paid 10-minute tea break in each four hours worked at a time to be agreed between the employee and employer. Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20-minute tea breaks. Tea breaks will count as time worked.

Q.What are my rights concerning rosters?

A. Consult your enterprise agreement for rostering arrangements applicable to your place of employment. These can often be found under ‘rosters’ or ‘hours of work’.

If your employment is covered by the Nurses Award 2010 then you are entitled to 7 days’ notice before the posting of a new roster.

If your employment is covered by the Aged Care Award 2010 then you are entitled to 14 days’ notice before the posting of a new roster.

Q. Can my employer change my roster after it has been displayed? 

A. A roster may be altered at any time to enable the nursing service to be carried on in an emergency or when another employee is absent from duty.

Q. My employer has sent me a contract to sign. I’m a little unsure about it.

A. The ANMF can provide you with some advice before you make it official. Provide us with the details and upload the contract via our member assistance inquiry form below.

Member Assist form

Q. My employer wants to change my contracted hours. Can they do this?

A. First, ask your employer to put the proposed changes in writing.

Generally, an employer cannot make changes to your minimum contracted hours if there is no express term in your employment contract allowing changes to be made. The ANMF can provide you with advice to proposed changes to your contract. Provide us with the details and upload the contract via our member assistance inquiry form below.

Member Assist form

Leave Entitlements

Annual leave

Q. How much annual leave am I entitled to?

A. AGED CARE

For most employees covered by an ANMF (SA Branch) negotiated enterprise agreement the entitlement to annual leave is 190 hours (five weeks) for registered nurses and 152 hours (four weeks) for all other staff.

Shift workers are entitled to an extra 38 hours of leave. Shift work for registered nurses is defined as 'required to work and worked ordinary hours on weekdays and on weekends' and for all other staff, shift work is defined as 'worked for more than four ordinary hours on 10 or more weekends'.

Some agreements provide for the purchasing of leave and the cashing out of leave.

Enterprise agreements can vary - please check your enterprise agreement for your exact entitlements.

PRIVATE SECTOR

Most enterprise agreements in the private sector provide for five weeks annual leave for all staff with an additional one week for shift workers. Each agreement defines 'shift worker' differently, so it is important that you check your enterprise agreement's provision.

AWARD RELIANT EMPLOYEES

Most of the conditions relating to annual leave are found in the National Employment Standards with the awards supplementing these conditions.

The 'Nurses Award 2010' makes it clear that 'an employee who is not a shift worker…is entitled to five weeks of paid annual leave for each year of service with their employer, and an employee who is a shift worker… is entitled to six weeks of paid annual leave for each year of service with their employer.'

The 'Aged Care Award 2010' provides for the National Employment Standards minimum of four weeks of annual leave with an additional week provided shift workers.

Parental leave

Q. Parental Leave – what is it?

A. Parental leave is leave that can be taken after.

an employee gives birth;
an employee's spouse or domestic partner gives birth
an employee adopts a child under 16 years of age.

Employees are entitled to up to 12 months of unpaid parental leave. They can also request up to an additional 12 months of unpaid leave.

Parental leave entitlements include:

maternity leave
paternity and partner leave
adoption leave
special maternity leave

Q. Am I eligible for unpaid parental leave?

A: All employees in Australia are entitled to unpaid parental leave. Employees are able to take parental leave if they:

have worked for their employer for at least 12 months:
before the date or expected date of birth if the employee is pregnant
before the date of the adoption, or
when the leave starts (if the leave is taken after another person cares for the child or takes parental leave)
have or will have responsibility for the care of a child.

Q. I have a temporary contract, am I entitled to unpaid Parental Leave?

A. To be eligible for unpaid parental leave, you must have worked for your employer continuously for at least 12 months. If you work under a temporary contract for at least 12 months, then you will be entitled to unpaid parental leave.

If you work under shorter contracts of less than 12 months that get ‘rolled over’ into new short contracts, then it may depend on whether there is any gap in service between one contract and the next, the size of the gap if there is one, and also your employer’s policy as to whether your service is considered broken between one short contract and the next short contract.

Q. I am a casual, am I entitled to unpaid Parental Leave?

A: For casual employees to be eligible for unpaid parental leave they need to have:

been working for their employer on a regular and systematic basis for at least 12 months
a reasonable expectation of continuing work with the employer on a regular and systematic basis, had it not been for the birth or adoption of a child.

Q. Am I eligible for any Paid Parental Leave?

A: Employees can get Parental Leave Pay (PLP) from the Australian Government and may be entitled to paid parental leave from their employer under their contract of employment or enterprise agreement.

The ANMF (SA Branch) have been successful in negotiating paid parental leave in a number of Enterprise Bargaining Agreements.

Check your Enterprise Agreement here to see if this applies to you.

Family and domestic violence leave

Q. Family and domestic violence Leave

A. Family and domestic violence means violent, threatening or other abusive behaviour by an employee’s close relative that:

seeks to coerce or control the employee
causes them harm or fear

A close relative is: an employee's:

spouse or former spouse
de facto partner or former de facto partner
child
parent
grandparent
granchild
sibling

an employee's current or former spouse or de facto partner's child, parent, grandparent, grandchild or sibling, or
a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

Q. What is family and domestic violence Leave

A. All employees (including part-time and casual employees) are entitled to 5 days unpaid family and domestic violence leave each year if the employee is experiencing family and domestic violence; and the employee needs to do something to deal with the impact of the family and domestic violence; and it is impractical for the employee to do that thing outside the employee's ordinary hours of work. For example, attend urgent court hearings, accessing police services or relocating.

The entitlement to unpaid family and domestic violence leave comes from the National Employment Standards (NES).

The Nurses Award 2010 and the Aged Care Award 2010 also include unpaid family and domestic violence leave. The award entitlement is for the same amount of leave as the entitlement in the NES.

Employees covered by enterprise agreements may be entitled to other paid or unpaid entitlements in their agreement that they can access in these circumstances.

Some businesses may provide paid or unpaid family and domestic violence leave entitlements in their employment contracts or workplace policies. The amount of leave and pay entitlements will depend on the contract or policy. If your agreement, contract or a workplace policy provides less than the minimum entitlement in the NES, the NES entitlement still applies.

Please log in here to access your EBA.

Q. What is Community Service Leave?

A: Employees, including casual employees, can take community service leave for certain activities such as:

voluntary emergency management activities
jury duty (including attendance for jury selection).

With the exception of jury duty, community service leave is unpaid.

An employee engages in a voluntary emergency management activity if:

the activity involves dealing with an emergency or natural disaster
the employee engages in the activity on a voluntary basis
the employee was either requested to engage in an activity, or it would be reasonable to expect that such a request would have been made if circumstances had permitted, and
the employee is a member of, or has a member-like association with a recognised emergency management body.

Recognised emergency management body

A recognised emergency management body includes bodies such as:

the State Emergency Service (SES)
Country Fire Authority (CFA)
the RSPCA (in respect of animal rescue during emergencies or natural disasters).

Q. How much leave am I entitled to?

A. An employee is entitled to take community service leave while they are engaged in the activity and for reasonable travel and rest time. There is no limit on the amount of community service leave an employee can take.

Q. How much notice do I need to give my manager? And do they need evidence?

A. An employee who takes community service leave must give their employer:

notice of the absence as soon as possible (this may be after the leave starts); and
the period or expected period of absence.
the RSPCA (in respect of animal rescue during emergencies or natural disasters).

An employer may request an employee who has given notice, to provide evidence that they're entitled to community service leave.

Personal leave

Q. How much personal leave am I entitled to?

A. At a minimum, the yearly entitlement to paid personal leave is based on an employee’s ordinary hours of work and is 10 days for full-time employees, and pro-rata for part-time employees. An enterprise agreement, award or contract can, of course, provide for more than the minimum entitlement.

Paid personal leave starts accruing from an employee’s first day of work and is based on their ordinary hours of work.

Personal leave will accrue when an employee:

is working,
is on paid leave such as annual leave, personal leave and long service leave, and
is on community service leave including jury duty.

Personal leave doesn’t accumulate when the employee is on:

unpaid annual leave,
unpaid sick or carer's leave,
unpaid parental leave, and
unpaid family and domestic violence leave.

Q. What can I use paid personal leave for?

A: Sick and carer's leave (also known as personal leave or personal/carer's leave) lets full-time and part time nurses, midwives and carers take time off work:

because of personal illness or personal injury, and
to provide care or support to a member of the employee's “immediate family”, or a member of the employee's household, who requires care or support because of:

a personal illness, or personal injury, affecting the member; or
an unexpected emergency affecting the member.

“Immediate family” includes an employee’s:

spouse or former spouse
de facto partner or former de facto partner
child
parent
grandparent
grandchild
sibling
child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner (or former spouse or de facto partner), and
step-relations (for example, step-parents and step-children) as well as adoptive relations.

Casual employees are not entitled to paid sick and carer's leave.

Q. What happens if I do not use my personal leave?

A. Your unused personal leave will accumulate from year to year.

Unlike annual leave, personal leave accruals are generally not paid out when the employment ends, unless a provision in an Award, Enterprise Agreement or contract states otherwise.

Q. Am I obliged to give notice before taking personal leave?

A: Yes – you are obliged to notify your employer that you are going to take sick or carer’s leave.

When you notify your employer, your notification:

must be given to your employer as soon as practicable (which may be a time after the leave has started); and
must advise your employer of the period, or expected period, of the leave.

Q. Do I have to give my employer a medical certificate if I take personal leave?

A: Your employer can ask you to give evidence that shows that you accessed the leave because you:

weren’t able to work because of an illness or injury, or
needed to provide care or support to an immediate family member or household member (because of an illness, injury, or unexpected emergency affecting the member).

Your employer can ask you to provide evidence for as little as one (1) day or less off work.

An employee who doesn't give their employer evidence when asked may not be entitled to be paid for their absence.

An award or enterprise agreement may specify when an employee has to give evidence to their employer and what type of evidence they have to give. The type of evidence requested must always be reasonable in the circumstances.

A medical certificate, statutory declaration, record of admission to an Emergency Department, or a certificate from a dentist are commonly considered to be acceptable evidence in support of a personal leave absence.

Long Service Leave

Q. What long service leave am I entitled to?

A. Most private sector workers receive their long service leave entitlements from the Long Service Leave Act 1987 (SA) – here. You should also view your enterprise agreement to see whether specific long service leave terms are included.

Under the Long Service Leave Act 1987 (SA), workers:

who have completed 7 years’ service are eligible for a “pro rata” long service leave entitlement,
who have completed 10 years of service are entitled to 13 weeks long service leave,
who have completed more than 10 years of service receive a further 1.3 weeks of long service leave for each completed year of service thereafter.

Long service leave does not accrue during unpaid parental leave or other unpaid leave granted to a worker.

Part-time and casual workers accrue their entitlements just like full-time workers. However, the payment for a period of leave is based on the ordinary hours worked per week or the average weekly hours over the previous 3 years of service.

Q. How do I access my Long Service Leave?

A. Workers can negotiate with their employer about how they take their long service leave. This could include the deferral of leave or taking leave in separate periods.

In the absence of an agreement, employers should grant long service leave:

as soon as practicable after the worker becomes entitled to the leave, taking into consideration the needs of the business,
in one continuous period, and
with at least 60 days’ notice to the worker of the date from which leave is to be taken.

When the employment relationship ends, you should receive payment with respect of any un-used long service leave.

Accessing Long Service Leave between 7 and 10 years (“pro-rata” leave)

If you wish to access your long service leave after 7 years (but less than 10 years), and you are still in your employment, you should discuss this with your employer. Your employer may agree to allow you to access your pro-rata leave entitlement (although nothing in the Long Service Leave Act 1987 (SA) compels them to consider or agree to your request).

Payment of “pro-rata” long service leave following termination / resignation

If you leave your employment or your employment is terminated after 7 years of service, but less than 10 years, you are entitled to the monetary equivalent of 1.3 weeks leave for each completed year of service. This is often referred to as pro-rata long service leave.

You are not entitled to a pro-rata payment if your employment is terminated on the grounds of serious and wilful misconduct, or if you unlawfully terminated your employment, such as failure to give the required amount of notice upon termination.

Q. What will I be paid?

A: Full-time workers

Full-time workers are entitled to be paid at their ‘ordinary weekly rate of pay’. Ordinary weekly rate of pay means a worker’s weekly wage at the time of taking the leave excluding penalty rates and overtime.

This calculation will generally be 38 hours multiplied by the worker’s current base hourly rate of pay.

The calculations above is based on the worker having been employed full-time for at least the last three years of their service. If not, refer to the payment for part-time and casual workers.

Part-time & casual workers

Part-time and casual workers are entitled to be paid at their ‘ordinary weekly rate of pay’, which is determined by:

averaging the number of all hours worked (including overtime hours) per week in the three (3) years (or 156-week period) immediately before taking leave, and
multiplying that result by the workers current base hourly rate of pay. For a casual, the base hourly rate includes the casual loading.

When averaging hours for part-time and casual workers, all hours worked are counted. This includes overtime.

The 156-week averaging period does not have to be consecutive and does not include weeks where the worker:

was on unpaid leave for the whole of the week (including for reasons of illness or injury), or
was absent from work on account of work injury (within the meaning of the Return to Work Act 2014).

For example, if worker has taken two separate periods of 4 weeks unpaid leave in the preceding 3 years, you would need to count back 164 weeks in order to determine the 156-week averaging period (156 + 8 weeks).

However, where a worker is granted leave in accordance with their employment contract (e.g. Christmas shutdown or holiday periods for employment associated with educational facilities), the weeks of absence count towards service and are included in the 156 week averaging period.

Compassionate Leave

Q. How much compassionate leave can I take?

A. An employee is entitled to a minimum of two days of compassionate leave for each permissible occasion. The leave may be taken as:

two consecutive days or
two separate periods of one day each or
any separate periods to which the employer and employee agree.

Q. What is a permissible occasion?

A. A permissible occasion is when a member of your immediate family or household:

sustains a serious illness or sustains a personal injury that is a threat to life
dies.

You may take the two days compassionate leave for serious injury or illness at any time while the illness or injury persists.

Q. I understand who is a member of my household, but who is included in my immediate family?

A. Immediate family includes an employee’s spouse, de facto partner, child, parent, grandparent, grandchild, sibling, or a child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner.

Q. Will I get paid?  

A. For casual employees, compassionate leave is unpaid leave. For permanent employees, compassionate leave is paid at the base rate for the employee’s ordinary hours of work for the period.

Q. Will I get paid for compassionate leave if I do not have any sick leave left?

A. Compassionate leave is a separate entitlement to sick leave or carer’s leave and is therefore paid per permissible occasion regardless of accrued leave entitlements.

Q. What must I do to be entitled to compassionate leave?

A. An employee must give their employer notice of the taking of leave as soon as practicable – this may be after the leave has started – and you must advise your employer of the period or expected period of the leave.

If required by your employer, you must also give the employer evidence that your compassionate leave is for a permissible occasion.

Public Holidays

Q. What are the private sector public holidays?

A. Public holidays are an entitlement protected under the National Employment Standards (NES). The NES are the minimum standards which apply to all employees in Australia. The terms of an enterprise agreement or modern award cannot undercut the NES. The NES can’t be traded off.

The following days are recognised as public holidays in South Australia:

1 January (New Year's Day);
26 January (Australia Day);
Adelaide Cup Day;
Good Friday;
Easter Saturday;
Easter Monday;
Anzac Day;
Queen's Birthday;
Labour Day;
Christmas Eve part-day public holiday;
25 December (Christmas Day);
26 December (Proclamation Day);
New Year's Eve part-day public holiday.

(Another day or part-day may be substituted for any of the above holidays by State Act of Parliament or State Proclamation. If a day or part-day is substituted for a day or part-day that would otherwise be a public holiday, then the substituted day or part-day is the public holiday.)

Click hereto view South Australian public holidays.

Q. How much do I get paid for working on a public holiday in the private sector?

A: Due to the nature of our industry, most ANMF members are expected to work on public holidays. If you are asked to work on a public holiday, and the request is reasonable, your entitlement to additional pay for working on a public holiday depends on:

your enterprise agreement (you can view your specific agreement by logging hereinto your portal or
if you are not covered by an enterprise agreement, your applicable Award.

The Nurses Award 2010 provides for payment at double-time (200%) for work on public holidays.

The Aged Care Award 2010 provides for payment at:

double-time-and-a-half (250%) for permanent workers, or
double-time-and-three-quarters (275%) for casual workers, which is in substitution for and not cumulative upon the 25% casual loading.

Q. What happens if I am not required to work on a public holiday in the private sector?

A. It is important you read the public holiday clause of your enterprise agreement as arrangements can vary significantly.

Generally, full-time and part-time nurses, midwives and carers who usually work on a day of the week on which a public holiday occurs, and who are not required to work on that day, are to be paid at the base rate of pay for the hours which the employee would usually have worked on that day.

An employee would not generally be entitled to any payment for absence on a public holiday if they would not ordinarily have worked on that day. For example:

a full-time Monday to Friday employee would not be entitled to payment for a public holiday that falls on the weekend (e.g. Easter Saturday),
a part-time employee working only Tuesday to Thursday would not be entitled to payment for a public holiday that fell on a Monday, Friday or on the weekend, and
an employee on six (6) months unpaid parental leave would not be entitled to payment for a public holiday that fell within their six (6) months absence.

Casuals are not entitled to payment with respect of public holidays not worked.

Q. What about leave and public holidays?

A: Personal/Carers Leave– If the period during which an employee takes paid personal/carer's leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid personal/carer's leave on that public holiday.

Annual leave – If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday.

Unpaid leave – An employee isn’t paid for any public holiday that falls during a time when the employee is on unpaid leave (see https://www.fairwork.gov.au/employment-conditions/public-holidays/not-working-on-public-holidays).

Member Assist form

Last updated 18 November 2021.