; Take home pay orders to protect aged care nurses
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Take home pay orders to protect aged care nurses


The regulations: * make clear that an employee or worker does not have to suffer a reduction in take home pay before seeking a take home pay order * make clear that orders are not limited to back pay, but can include an order maintaining a pre-existing pay rate * provide guidance about the range of classes of employees or workers in respect of which take home pay orders may be made * make sure that variations to a modern award made during the first six months of their operation to address residual issues and bed down the award are able to be considered in assessing whether there is a reduction in take home pay * make clear that modern awards can include take home pay order provisions and set out the basis upon which such orders can be made * ensure the validity of certain terms included in the modern award as a result of variations made by Fair Work Australia in finalising the modern award process.

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    Take home pay orders to protect
    aged care nurses
    The QNU is one step closer to gaining
    proper protections for aged care nurses
    who risk having their pays cut or frozen
    under the new modern nursing award.
    After strenuous campaigning by the
    QNU, NSWNA and ANF, Deputy
    Prime Minister Julia Gillard in May
    announced changes to the Fair Work
    Act that have strengthened the system
    of take home pay orders.
    Under the amended regulations, take
    home pay orders can now be sought
    for classes or groups of employees
    before their wages are reduced, and
    take into account variations to modern
    The changes to the regulations were
    announced soon after the QNU,
    NSWNA and ANF applied to Fair
    Work Australia for take home pay orders for award reliant
    nurses in aged care.
    The QNU/NSWNA/ANF application was made when
                                                                     Why were the regulations changed?
                                                                     The new regulations address concerns raised by unions about
    aged care employers, still under the award system, failed to
                                                                     the potential operation of the take home pay provisions and
    guarantee that no nurse would suffer a reduction in their take
                                                                     in particular address suggestions that:
    home pay as a result of the introduction of the new national
    modern nursing award.                                            » Take home pay orders had to be sought on behalf of named
                                                                       employees rather than a class of employees.
    What do the amended regulations do?                              » An employee had to wait until their pay is cut before
    The regulations clarify the intended scope and operation of        seeking an order.
    take home pay orders. The regulations:
                                                                     » The types of orders Fair Work Australia could make were
    » make clear that an employee or worker does not have to           limited to orde
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