The Aged Care Award (MA000018) is a complex Modern Award covering pay rates, penalty rates, allowances, hours of work, leave, and other entitlements for workers in the aged care industry across Australia.
This guide explains the key provisions of the Award in plain English, helping you meet your compliance obligations without wading through pages of legal jargon.
You can read also read our article that covers the 8 conditions commonly missed by employers in the Aged Care Award.
In addition, you can download a FREE copy of our Aged Care Award eBook that covers everything you need to know about the award, without the jargon which comes with a BONUS payroll processing checklist.
Disclaimer:
Every effort has been made to ensure the information in this guide is accurate. However, it is intended as a general overview only and should not be relied on as legal or tax advice. For matters relating to your specific circumstances, seek independent professional advice.
The Aged Care Award applies to:
Employers and employees in the aged care industry
On-hire employees placed with aged care employers
Group training employers providing apprentices or trainees to the industry
On-hire and group training arrangements must still comply with the pay, conditions, and entitlements outlined in the Aged Care Award.
Employees under the Award can be engaged as:
Full-time – average 38 hours per week
Part-time – less than 38 hours per week, with agreed regular hours
Casual – irregular hours, plus 25% casual loading
Works an average of 38 ordinary hours per week.
Works less than 38 hours per week or 76 hours over two weeks, with agreed, predictable hours and pro-rata entitlements.
Works irregular hours, not classified as full-time or part-time, and receives an additional 25% casual loading instead of paid leave.
Regular casuals employed for at least 12 months may request conversion to part-time or full-time, subject to reasonable grounds for refusal.
Notice periods for employees are the same as those for employers under the NES, except employees don’t need to give extra notice based on age.
1 year or less – 1 week
1–3 years – 2 weeks
3–5 years – 3 weeks
5+ years – 4 weeks
Employees given notice are entitled to paid time (up to one day) to look for other work.
An employee classified under the Aged Care Award must give their employer notice of termination as below:
Employee’s period of continuous service with the employer |
Period of notice |
Not more than 1 year |
1 week |
More than 1 year but not more than 3 years |
2 weeks |
More than 3 years but not more than 5 years |
3 weeks |
More than 5 years |
4 weeks |
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Pay rates increase annually in line with Fair Work determinations.
From January 2025, the Award includes:
A clearer definition of “direct care” employees
A new classification structure for direct care workers
For more information on the industry pay conditions, please refer to the latest Pay Guide for the Aged Care
Please also refer to the minimum rates for different classifications here.
If you aren't sure about the classification structure, we break it down in our Aged Care Award eBook.
Note: The Aged Care Award now includes a clearer definition of 'direct care' employees and introduces a new classification structure for direct care workers as of January, 2025. To read more about these changes, access our comprehensive breakdown here.
Search our database for all relevant allowances to your modern award.
From 1 July 2025, the Superannuation Guarantee rate increases to 12% of an employee’s ordinary time earnings. This rate applies to all salary and wages paid on or after 1 July, even if some or all of the pay period occurred before that date.
From 1 July 2022, the $450 per month threshold for superannuation was removed. Employers must now pay the super guarantee (SG) for all eligible employees, regardless of how much they earn.
Learn more about Superannuation, including employer penalties, how to set up employee's super, who's eligible and much more with our free Superannuation Masterclass.
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Ordinary hours for a day worker must be worked between 6.00 am and 6.00 pm Monday to Friday.
However, shiftworkers will be regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker.
An employee (other than a casual employee) must have:
Ideally, if it is practical for the employer, the rostered days off should be consecutive.
An employee must be allowed a break of at least 10 hours between the end of one shift and the start of another.
By mutual agreement, however, the 10-hour rest break may be reduced to 8 hours.
An accrued day off means that the employee has collected a paid day (or more than one day) that they can take off in a roster cycle.
Accrued days off only applies to full-time employees.
Example:
Larry is a full-time employee at a local aged care home. His typical working hours 38 hours a week, so on average he should be working 7.6 hours per day.
However, more often than not, Larry actually works around 8 hours per day. So, he accumulates an additional 0.4 hours (or 24 minutes) for each day.
Over a standard month, by working 19 days with an extra 24 minutes, Larry has accumulated 7.6 hours.
As per his agreement with his employer, Larry can take one accrued day off per month.
The employee can accumulate the days over more than one month, however, the accrued days off must be taken within 12 months.
If the contract is terminated for whatever reason, accumulated accrued days off must be paid to the employee at their ordinary rate.
An employer needs to put staff rosters in a place that all employees on the roster can access easily.
An employee’s roster can be changed:
Employers need to record these agreements in writing. The record can be digital, for example, an email or text message
In cases of emergency out of the employer’s control, they are allowed to disregard the requirement to provide 7 days’ notice of the change.
For example, an emergency situation could be one that requires the aged care premises to be locked-down such as in the case of COVID-19.
Part-time and casual employees must receive a minimum payment of two hours for each rostered day.
A broken shift means a shift of two parts worked in a day where the span of the shift overall does not exceed 12 hours and where the employee can take a break of not more than 4 hours.
A broken shift may be worked where there is a mutual agreement between the employer and employee to work the broken shift.
Payment for a broken shift will be at ordinary pay with penalty rates.
All work performed beyond the maximum span of 12 hours for a broken shift will be paid at double time.
An employee must receive a minimum break of 10 hours between broken shifts rostered on successive days.
Employees may, in addition to normal rostered shifts, be required to sleepover. A sleepover means sleeping in at night in order to be on call for emergencies.
The following conditions will apply to each night of sleepover:
For employees who work on a Saturday and Sunday as part of their ordinary hours, they will be paid as follows:
For overtime worked between |
Overtime rate for full- and part-time employees (% of ordinary hourly rate) |
Overtime rate for casual employees (% of ordinary hourly rate) |
midnight on Friday and midnight on Saturday |
150% |
175% |
midnight on Saturday and midnight on Sunday |
175% |
200% |
Hours worked per shift |
Paid rest break |
Unpaid meal break |
Between 5 and 7.6 hours |
1 x 10-minute break |
1 x break between 30 and 60 minutes |
7.6 hours or more |
2 x 10-minute rest breaks, not to be taken:
|
1 x break between 30 and 60 minutes |
The table below outlines the penalty rates that employees are paid for all work done in addition to their rostered ordinary hours on different days:
Time of ordinary hours worked |
Full-time and part-time employees (% of ordinary hourly rate) |
Casual employees % of the ordinary hourly rate (inclusive of casual loading) |
Monday to Friday first 2 hours |
150% |
175% |
Monday to Friday after 2 hours |
200% |
225% |
Saturday or Sunday |
200% |
225% |
Public Holidays |
250% |
275% |
Where an employee works overtime and their next rostered working day is less than 10 hours after they finish working the overtime, then the employer must either:
If an employee is called back to their place of work after leaving, they must be paid for a minimum of 4 hours’ work at the appropriate rate for each time they are recalled.
Where an employee regularly has to prepare to be called back, they will be paid for a minimum of 3 hours’ work at the correct rate above.
An employee working overtime must be allowed a paid rest break of 20 minutes to have a meal and another 20 minute break every 4 hours of overtime worked (if they have to continue work after the rest break).
It is possible for an employer and employee to agree (in writing) to taking time off for their overtime, instead of getting paid the overtime rates.
Employees are entitled to take time off based on what their overtime payment would have been. For example, if a casual employee worked 2 hours overtime, they are entitled to 3 hours time off (2 x 150%).
If the employee requests it, the employer must pay the employee for overtime covered by the agreement but not taken as time off; and any payment must be made in the next pay period following the request.
Employers may not put pressure on employees to take time off instead of payment for overtime.
Time off must be taken:
Should the employee not take the time-off within the 6 months, the employer must pay the employee as per the overtime rates.
If the employee’s employment is terminated, the employer must pay the employee for the overtime work at the applicable overtime rate.
Example:
Milly, an employee at a local aged care facility, worked 4 hours overtime on a Tuesday night.
She had agreed with her employer to receive time off as opposed to getting paid for her overtime hours.
According to the overtime rates, Milly is entitled to receive 200% of her ordinary hourly rate. So, her time off calculation will be as follows:
4 hours x 200% overtime rate = 8 hours time off
However, this time off needs to be taken within six months of the worked overtime and at a time that is agreed on by both the employer and employee.
The table below outlines the penalty rates for shiftworkers:
Shift |
Penalty rate |
Afternoon |
110% |
Afternoon |
112.5% |
Night |
115% |
Night |
110% |
All annual leave is per the National Employment Standards (NES). Employees are entitled to 4 weeks paid leave per year, plus an additional week for some shift workers.
Under the Aged Care Award, a rate of 17.5% leave loading on top of their annual leave is applied when an employee takes paid time off.
Employees must be paid the higher of:
Example:
If a full-time employee applies for leave between Thursday this week and Wednesday next week, he or she would typically work 8 hours of shiftwork on a Saturday too.
The employer must calculate 38 hours, including a 17.5% leave loading and compare with how much the employee will typically receive if they had been paid working across that period with the Saturday penalty rates.
Whichever of the two calculations is higher is how much the employee should be paid across that period of time, not for individual days.
The idea is so that the employee is protected from being paid less for going on paid annual leave.
According to the NES, all employees are entitled to a paid day off on a public holiday (or unpaid for casual employees), except where reasonably expected to work.
Employees working on public holidays receive 150% of the minimum hourly rate in addition to normal pay.
Managing payroll under the Aged Care Award can be complex.
Pay Cat’s payroll system has the Award rules built in, ensuring every shift, penalty, and allowance is applied correctly.
Find out how Pay Cat helps you stay compliant with the Aged Care Award.
Already looking for a solution? Book a demo with our team.
Pay Cat are payroll specialists helping Australian aged care providers simplify payroll and maintain 100% compliance with the Aged Care Award (MA000018).
As Employment Hero Payroll experts, we configure payroll systems to automate award interpretation, apply the correct pay rates and allowances, and eliminate manual calculations.
Our pre-built Aged Care Award compliance template ensures accurate shift penalties, overtime, and leave calculations every pay run, saving time, reducing errors, and keeping your business fully compliant.
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