The Health Professionals and Support Services Award​ Summary is both an industry and occupational award designed to cover employers and employees operating within the ‘health industry’ and employees engaged as a ‘health professional’.

If you require any assistance in understanding your rights or obligations under the Award, please contact us.

Table of Contents

Coverage

The Health Professionals and Support Services Award 2020 is both an industry and occupational award designed to cover employers and employees operating within the ‘health industry’ (GP surgeries, dental practices, etc)  and (separately) employees engaged as a ‘health professional’, even if the health professional is employed in another industry. For example, a physiotherapist or counsellor working for a business covered by the SCHADS Award would be likely to come within the occupational coverage of the Health Professionals and Support Services Award.

The ‘health industry’ is defined as the delivery of health care, medical services, and dental services.

The Award is designed to cover a wide variety of employees who work in the health industry, and the classifications in Schedule A cover a broad range of roles including for support staff (i.e. general and administrative services, food services and technical and clinical roles). 

The Award also provides coverage for a significant amount of ‘Health Professionals’ such as dieticians, psychologists, podiatrists, oral health therapists and welfare workers. An indicative (but not exhaustive) list of common health professionals covered by the award can be found in Schedule B.

The award does not cover doctors or dentists, but would cover support staff in a GP or dental surgery.

Throughout the Award, special rules apply to  ‘private medical practices’ such as in respect to the provisions about ordinary hours of work for employees working in these settings. A private medical practice is defined as follows: a private medical, dental, pathology, physiotherapy, chiropractic, and osteopathic practice means the practice of any practitioner, such as medical centre, general practice, specialist practice, family practice, medical clinic, dental practice, pathology practice, physiotherapy practice, chiropractic practice, osteopathic practice and women’s health centre, but does not include medical imaging practices, hospitals or hospices.

Classification Levels

The Award provides for various classification levels which in turn dictate an employee’s minimum wage. A summary of rates of pay is found in Schedule C to the Award. Classification levels  are divided into those for Support Services Employees and those for Health Professionals, as described below.

Support Services Employees

Level 1—Entry Level:

An employee at this level has less than 3 months’ work experience in the industry and who performs basic duties. They are not required to have previous experience or training, and they would have minimal responsibility and work under direct supervision.

Indicative roles at this level are:

Level 2

An employee at this level works under limited supervision and is capable of prioritising work. They possess sound communication skills and have specific on the job training and/or relevant skills training or experience

In addition to level 1, other indicative roles at this level are:

Level 3

An employee at this level has a medium level of responsibility and accountability. They work under limited supervision and possess those capabilities of a level 2 employee. Administrative/clerical employees are also covered under this level at this level, however they would only need to be undertaking a range of basic clerical functions to be covered under this level.

Indicative roles performed at this level are:

Level 4

An employee at this level would possess those capabilities of a level 3 employee. In addition they may require formal qualifications and/or relevant skills training or experience at a Certificate III level.

Indicative roles performed at this level are:

Level 5

An employee at this level would possess those capabilities of a level 4 employee. In addition, they would be capable of functioning semi autonomously and prioritising their own work. They have a substantial level of responsibility and may require basic computer knowledge or be required to use a computer on a regular basis. This would also cover an administrative/clerical employee who requires a comprehensive knowledge of medical terminology and/or a working knowledge of health insurance schemes.

Indicative roles performed at this level are:

Level 6

An employee at this level would possess those capabilities of a level 5 employee but with a high level of autonomy. In addition, they would also require comprehensive computer knowledge, possess administrative skills and problem solving abilities, and may require formal qualifications at post-trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience

Indicative roles performed at this level are:

Level 7

An employee at this level is capable of functioning fully autonomously and is responsible for work performed with a substantial level of accountability and responsibility. They may supervise the work of others including work allocation, rostering, and guidance. They would possess developed administrative skills and problem solving abilities as well as requiring formal qualifications at trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.

Indicative roles performed at this level are:

Level 8

Employees at this level will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience. They are responsible and accountable for their own work; and may have delegated responsibility for the work under their control or supervision.

They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They often exercise initiative, discretion and judgement in the performance of their duties.

The possession of relevant post secondary qualifications may be appropriate but not essential.

Indicative typical duties and skills in this level may include:

• operating and having responsibility for a complex and diverse payroll system;
• applying detailed knowledge of the organisation’s objectives, performance, projected areas of growth, product trends and general industry conditions for the purposes of assisting in developing policy or new products and services to meet changing market needs or other circumstances;
• using computer software packages
• finalising quotations or costings
• preparing internal reports for management

Level 9

Work at this level is usually performed in relation to established priorities, task methodology and work practices to achieve results in line with the organisation goals.

Work at this level includes supervision of a work group, small work area or office within the total organisational structure and co-ordination of a range of organisation functions.

Work is performed under general direction as to work priorities and may be of a technical or professional ,project, procedural or processing nature, or a combination of these.

The work at this level requires the application of knowledge usually gained through previous experience in the discipline or from post secondary or tertiary study. The work may require the co-ordination of a range of organisation functions and the exercising of judgement and/or delegated authority in areas where precedents or procedures are not clearly defined.

Independent action may be exercised at this level, e.g. developing procedures, management strategies and guidelines.

Indicative typical duties and skills at this level may include:

• supervising staff, setting priorities, monitoring work flow, and the development of strategies or work practices;
• having responsibility for the development of appropriate training programmes related to group development;
• applying equal employment opportunity and industrial relations principles;
• providing advice in relation to personal and career development related to work requirements;
• liaising or communicating with clients or other interested groups;
• general knowledge of the organisation’s operations, combined with specialist knowledge of major activities within the work area; or
• being able to investigate interpret or evaluate information where legislation, regulations, instructions or procedural guidelines do not give adequate or specific answers.

Health Professionals

Level 1 – Entry Level

Positions at level 1 are regarded as entry level health professionals and for the initial years of experience. This level is the entry level for new graduates who meet the requirements to practise as a health professional or have gained such qualifications as deemed acceptable by the employer. It is also the level for the early stages of the career of a health professional.

Level 2

A health professional at this level works independently and is required to exercise independent judgement on routine matters. They may require professional supervision from more senior members when performing critical tasks. They have demonstrated a commitment to continuing professional development and may have contributed to workplace education through provision of seminars, lectures or in-services. At this level the health professional may be actively involved in quality improvement activities or research.

Level 3

A health professional at this level would be experienced and be able to independently apply professional knowledge and judgement when performing critical tasks specific to their discipline. At this level health professionals will have additional responsibilities such as:

• is actively contributing to the development of professional knowledge and skills in their field of work as demonstrated by positive impacts on service delivery,positive referral patterns to area of expertise and quantifiable/measurable improvements in health outcomes;
• may be a sole discipline specific health professional in a metropolitan, regional or rural setting who practices in professional isolation from health professionals from the same discipline;
• is performing across a number of recognised specialties within a discipline;
• may be accountable for allocation and/or expenditure of resources and ensuring targets are met and is responsible for ensuring optimal budget outcomes for their customers and communities;
• may be responsible for providing regular feedback and appraisals for senior staff to improve health outcomes for customers and for maintaining a performance management system; and
• is responsible for providing support for the efficient, cost effective and timely delivery of services.

Level 4

A health professional at this level applies a high level of professional judgement and knowledge when performing a wide range of novel, complex, and critical tasks, specific to their discipline.

An employee at this level:

• has a proven record of achievement at a senior level;
• has the capacity to allocate resources, set priorities and ensure budgets are met within a large and complex organisation;
• may be responsible to the executive for providing effective services and ensuring budget/strategic targets are met;
• supervises staff where required; and
• is expected to develop/implement and deliver strategic business plans which increase the level of care to customers within a budget framework.

Progression through pay points

A number of the classification levels have different pay points.  

For Health Professional employees at level 1, their starting pay point is dictated by the qualification they hold, i.e.:

Whenever there is more than one pay point for a level classification, an employee will progress to the next pay point:

• annually (for full time employees)
• after 1824 hours of similar experience (for part time and casual employees)

Movement from one pay point to another is said to have “regard to the acquisition and use of skills” which suggests only where an employee has acquired new skills should they progress. 

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Types of Employees

Employees must be classified as:

(a) Full-time;

(b) Part-time; or

(c) Casual.

It is a requirement under the Award that an employer inform each employee at the time of engagement whether they are employed on a full-time, part-time, or casual basis.

Full-time employees

A full-time employee is engaged to work 38 ordinary hours per week; or an average of 38 ordinary hours per week in a fortnight or 4 week period.

Part-time employees

Part-time employees work an average of less than 38 ordinary hours per week and have reasonably predictable hours of work. They receive pay and conditions equivalent to those of full-time employees who do the same kind of work, on a pro-rata basis.

Before commencing employment, it is a requirement for both parties to agree in writing to a regular pattern of work which will include:

• the number of hours of work they will be required to work per week;
• the days of the week the employee will be required to work and;
• their starting and finishing times.

The terms of the above agreement may be varied by agreement and recorded in writing.

Casual employees

Casual employees generally work irregular hours and do not have a guaranteed pattern of work. They may be engaged to work up to and including 38 ordinary hours per week.

Casual employees are entitled to a 25% loading on the minimum hourly rate set out in the Award. The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and other entitlements derived from full-time and part-time employment.

The minimum engagement period for a casual employee is:

• 3 hours or;
• 2 hours for cleaners employed in private medical practices

Casual conversion

Casual employees employed in businesses with 15 or more employees are entitled to be offered to have their employment “converted” to permanent employment if they have been employed at the business for at least 12 months and if in the last 6 months, they worked a regular pattern of hours on an ongoing basis which they could continue performing on a permanent basis without significant adjustment. This offer of conversion only doesn’t have to be made where there are reasonable business grounds for not doing so. 

For smaller businesses, casual employees have a right to request conversion after the same period – this can only be refused on reasonable business grounds.

See further guidance here.

Ordinary hours of work and rostering

The ordinary hours for a full-time employee are an average of 38 hours per week in a fortnight or 4-week period. An employee cannot work in excess of 10 ordinary hours (exclusive of meal breaks) in any one day.

The span of hours in which a “day worker”  employee may work their ordinary hours are:

Shiftwork

Employees may also be engaged as “shiftworkers” where they regularly work ordinary hours outside of the span of hours listed above.

Where the ordinary rostered hours of work of a shiftworker finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid 115% of the minimum hourly rate of pay applicable to their classification and pay point.

A casual employee who works shiftwork will be paid 140% of the minimum hourly rate of pay applicable to their classification and pay point but will not be paid the casual loading of 25%.

These shiftwork penalties will not apply to shiftwork performed by any employee on Saturday, Sunday or public holidays and the extra payments for weekend and public holiday work (see below) will apply instead.

Rosters

A fortnightly roster should be posted at least 2 weeks before the commencement of the roster period outlining the ordinary hours of work for each employee. It must be conveniently accessible to employees.

7 days’ notice must be provided for a change in roster, except to accommodate an employees absence or an emergency.

Except where agreed by the employer, an employee must give 7 days’ notice of a desired roster change, except in instances of illness or emergency.

Overtime

Overtime is payable to an employee in the following situations:

Overtime rates are in substitution for and not cumulative on penalty rates and loadings.

Rest period after overtime

An employee who works overtime is entitled to 10 consecutive hours off between finishing work and commencing work the following day.

If an employee does not receive 10 consecutive hours off work (on instruction of the employer) , the employee is entitled to: 

•         Full/Part time – 200% of the minimum hourly rate until they finish work
•         Casual – 250% of the minimum hourly rate until they finish work

Upon being released from duty, the employee is entitled to be absent until they have had at least 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during their absence.

Rest period after overtime

An employee who works overtime is entitled to 10 consecutive hours off between finishing work and commencing work the following day.

If an employee does not receive 10 consecutive hours off work (on instruction of the employer) , the employee is entitled to: 

•         Full/Part time – 200% of the minimum hourly rate until they finish work
•         Casual – 250% of the minimum hourly rate until they finish work

Upon being released from duty, the employee is entitled to be absent until they have had at least 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during their absence

Rest period after overtime

An employee who works overtime is entitled to 10 consecutive hours off between finishing work and commencing work the following day.

If an employee does not receive 10 consecutive hours off work (on instruction of the employer) , the employee is entitled to: 

•         Full/Part time – 200% of the minimum hourly rate until they finish work
•         Casual – 250% of the minimum hourly rate until they finish work

Upon being released from duty, the employee is entitled to be absent until they have had at least 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during their absence

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Time off instead of payment for overtime (‘TOIL’)

Instead of paying employees for working overtime, the Award allows for employees and employers to agree to an employee taking time off instead of being paid for the overtime.

The Award has strict rules regarding this including:

• Each period of time off in lieu must be subject to a separate written agreement;
• The period of time off that an employee is entitled to take is the same as the number of overtime hours worked, e.g., if an employee worked two hours of overtime, they are entitled to two hours’ time off work;
• Time off must be taken within the period of 6 months after the overtime is worked, or else the accrued time off in lieu must be paid out to the employee (at overtime rates);
• Employees may request to be paid out their accrued time off in lieu at any time (to be paid at overtime rates);
• Accrued time off in lieu is paid out on termination of employment (at overtime rates).

Recall to work overtime

An employee who is recalled to the workplace to work will be paid for a minimum 2 hours of overtime.

Paid rest break during overtime

An employee working overtime is entitled to a paid rest break of 20 minutes after each 4 hours worked (as long as they are required to continue working after the break).

Weekend and public holiday penalty rates

Breaks

Unpaid meal breaks

Employees must be provided with a 30-60 minute unpaid meal break when working in excess of 5 hours. The timing of the break may be varied by mutual agreement.

Where an employee is working less than 6 hours, they are permitted to forgo their meal break, but only by agreement with their employer.

Paid tea breaks

Employees must be provided with a paid tea break of 10 mins in each 4 hours worked, at a time agreed between employer and employee. Where mutually agreed, these breaks may be taken as one 20 minute paid tea break.

This time is counted towards the time worked by the employee.

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Higher Duties

The award provides for employees to receive a higher payment for working “higher duties” in the following circumstances:

Support Services

• Where an employee is engaged for 2 hours or less in any duties carrying a higher rate than their ordinary classification, they are entitled to receive payment for the time worked at the higher classification.
• Where an employee is engaged for 2 hours or more in any duties carrying a higher rate than their ordinary classification, they are entitled to receive payment for the full day or shift worked at the higher classification.

 Health Professionals

Where an employee is authorised to assume the duties of  another employee carrying a higher rate than their ordinary classification for a period of 5 or more consecutive working days, they will be entitled to be paid at the relevant higher classification for the period for which they assumed such duties.

Annualised Salary/ Annualised Wage Arrangements

The Award contains “annualised wage arrangements” provisions that allow an employer to pay a full-time Support Services employee at Level 8 or Level 9, or Health Professional employee Level 2, Level 3 or Level 4,  an annual salary that is averaged over a 12 month period (so that an employee can be “underpaid” in one pay period, but “overpaid” in another pay period). The employee must, overall, be paid an amount that is at least equivalent to the minimum entitlements under the Award, or if there is a shortfall this must be made good within 14 days of the end of the 12-month period.

If an annual salary is paid in reliance on these provisions the employer must comply with a number of requirements including:

• Notifying the employees how their salary has been calculated and what provisions of the award it is paid in satisfaction of (these can be any or all of the following: minimum rates, allowances, overtime, penalty rates and annual leave loading);
• Notifying employees of the “outer limit” of the number of overtime and penalty rate hours an employee may be required to work in a pay period, and if they work in excess of these then they will be paid at overtime/penalty rates at the relevant time (i.e. a “top-up” payment throughout the year);
• Keeping a time-sheet of the start and finish times of each shift an employee works (and the start and finish times of any unpaid breaks) which must be approved by the employee each pay period;
• Performing reconciliation of the amount paid to the employee in their salary compared to what they were entitled under the Award (annually or on termination of employment), and making good any shortfall within 14 days.

It is possible to pay an annual salary without relying on these provisions, so long as the employee is paid sufficiently in each pay period to cover all Award-entitlements (not just sufficiently over the year as a whole). 

Allowances

The Award provides for payment of various allowances. The rates of allowances frequently change, the current value of all allowances is listed in Schedule D to Award.

Below are some of the common allowances under this Award. A full summary of allowances (including heat allowance, occasional interpreting allowance, and deductions for board and lodging)  is contained under clause 23 of the Award: 

Leave

Annual Leave

Annual leave is provided for in the National Employment Standards (i.e. permanent employees are entitled to four weeks annual leave).

Permanent employees who are regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week are considered shift workers and are entitled to five weeks’ annual leave.

Annual Leave Loading

Employees (other than shift workers) are entitled to be paid an additional annual leave loading of 17.5% of their minimum rate of pay whenever they take annual leave.

A shiftworker will be paid the higher of:

• an annual leave loading of 17.5% of their minimum rate of pay; or
• the weekend and shift penalties the employee would have received had they not been on leave.

Annual Leave in Advance

The Award provides for employees and employers to agree for annual leave to be taken in advance of it accruing, this agreement needs to be in writing and any annual leave owing to be deducted from an employee’s termination pay. 

Close-Down – dental and medical practices

The Award allows for a dental or medical practice employer to direct an employee to take paid annual leave during part or all of a temporary close down (i.e., Christmas close down) as long as the direction is reasonable.

If an employee does not have sufficient accrued annual leave, they may be required (where reasonable) to take annual leave in advance.

These provisions do not apply to employees in other settings.

In no circumstances can an employee be required to take unpaid leave during a close-down.

Cashing Out of Annual Leave

Cashing out of annual leave is permitted by the Award so long as the rules in the Award are adhered to including:

• there is a written agreement between the employer and employee
• the agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks
• the maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks

Excessive Leave Accruals

The Award permits employers to require employees with excessive annual leave accruals to take annual leave as directed. However, this is subject to strict rules including:

1. An employer can only require an employee to take annual leave where they have accrued more than 8 weeks paid annual leave (or 10 weeks paid annual leave for shiftworkers)
2. The employee cannot be required to take leave where it would mean they would have less than 6 weeks annual leave left
3. The employer must not require the employee to take any period of paid annual leave of less than one week
4. The employer must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given.

Other Leave

The following leave is provided for under the National Employment Standards:

Personal/carer’s leave (10 days per year for full-time employees, pro rata for part-time employees)

• Compassionate leave (2 days paid leave per occasion for permanent employees)
• Parental leave and related entitlements (for employees with 12 months service)
• Community service leave
• Paid family and domestic violence leave (10 days paid leave per year for all employees)

In addition employees will be entitled to:

• Long service leave – which is available to all employees (including casuals) in accordance with relevant state or territory legislation. 
• Ceremonial leave – By approval from the employer, an employee who legitimately is required by Aboriginal or Torres Strait Islander tradition to be absent from work for (traditional ceremonial purposes) will be entitled to up to 10 working days ‘unpaid leave in any one year.

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Public Holidays

Public Holidays are provided for by the National Employment standards

Permanent employees required to work on a public holiday will be paid at 250% of the minimum hourly rate, casuals are paid 275% of the minimum hourly rate.

Consultation & Dispute Resolution

The Award provides that employers must consult employees about major workplace change and changes to rosters or hours of work.

There are also provisions about resolving disputes concerning the Award, including the ability to apply to the Fair Work Commission.

Notice of Termination

The Award states that employers and employees must give notice in accordance with the National Employment Standards. The following notice periods applies to permanent employees:

An additional one weeks’ notice must be given (by an employer) where the employee has at least two years’ continuous service and is at least 45 years of age.

Alternatively an employer can choose to make a payment in lieu of providing a notice period.

Where an employer has provided notice of termination to an employee, they will be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

Redundancy

Redundancy pay is provided for by the National Employment Standards, i.e. for business with 15 or more employees the following redundancy payments apply (in addition to the obligation to provide notice as set out above):

Payment of Wages

Employees must be paid either weekly or fortnightly and can only be paid monthly where agreed with the majority of employees.

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Disclaimer

The information provided in these knowledge base articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact Employment Innovations for advice.

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