The aged care industry is subject to certain challenges that most out-of-work persons are unlikely to understand. Longer shifts, manual labour, emotional burdens, and the task of caring for society’s vulnerable populations is a hard gig. Yet what’s more challenging for care workers is the lack of understanding that they have certain legal rights precisely because it’s such a difficult position for many to engage in.
Unbeknownst to many, employment law sets forth basic standards that every aged care facility must uphold. From the hours you’re able to work in a row before needing breaks to the notice required to change your shift, without a basic understanding of these rights, or a union to help enforce them, workers find themselves taking what they can get, unfortunately.
The Legal Standards and Where They Apply
Applicable Fair Work standards mean that these minimums are standard across all industries, however, there are aged care specific awards that detail additional protections. That’s because working in a nursing home involves atypical hours, manual labour, and medical hazards that non-hospital employees don’t face. This means minimum wage rates are higher than those set in retail or hospitality, which is what they are, because the work is harder, and there are acceptable penalty rates associated with weekend work, public holidays, and evening shifts. If facilities try to roster people in a way that avoids the payment of such rates, either out of ignorance or deliberate disregard, they are illegally treating their workers.
For the majority of aged care workers in Australia, the Aged Care Award provides applicable minimum pay rates dependent upon one’s role, although awareness of the classifications is critical to ensuring appropriate pay. Personal care assistants have one classification; enrolled nurses another; and registered nurses a third, and each provides different minimums based upon experience level.
Recently, many found help through a care workers union which takes these awards for granted and ensures they’re followed through as intended. Collective representation makes it difficult for facilities to quietly underpay or overwork their staff.
Leave entitlements matter, too. For full-time works, four weeks annual leave per year is only additional to public holidays, not part of, and although casual workers do not receive paid leave, they at least should be receiving a loading at least above the minimum daily pay. If you’re casual but putting in set hours week over week, you’re likely doing permanent part-time work which changes your entitlements completely.
In addition, sick leave and personal leave matters when employed in health care. Ten days is warranted per full-time employment per year; you shouldn’t be pressured to come into work if you’re genuinely sick. As well, in an aged care facility filled with vulnerable populations and compromised immune systems, working sick isn’t merely bad for business; it’s detrimental to the health of everyone else involved.
Protection Against Unfair Treatment
Fair Work provides protections against unfair treatment on multiple levels. Unfair dismissal rules mean that you cannot be fired without good cause or following due process. If you’ve been working for a facility for longer than six months, or twelve months for small employers, you can appeal if wrongful dismissal occurs.
This doesn’t mean you cannot be dismissed ever; it means there’s got to be legitimate reason and fair procedure must be followed. If you’ve spoken out about working conditions or asked whether you were rightly being paid and dismissed as a result, that’s not good cause, it’s illegal.
Similarly, there are protections against workplace bullying and harassment. Conditions in the care industry are high-pressure situations; this does not give management or other colleagues the opportunity to make work life miserable. If you’re being targeted, bullied or humiliated at work, it crosses legal boundaries.
Discrimination based upon age, gender, race, disability and additional protected characteristics is prohibited across all industries. In aged care specifically, which houses a disproportionate amount of female workers and many workers from various international backgrounds, this protection is critical.
Hours, Rosters and Overtime
When rostering gets confusing because it’s a 24-hour facility; people call in sick; management thinks one person is available at all times; law protections protect employees from unfair rostering.
In terms of awareness of rostered changes, companies must provide reasonable notice before changing what’s set. Unless there’s an absolute emergency (IE: an employer dies), last-minute shifts shouldn’t be expected if people have childcare arrangements in place that a shift was once scheduled around. Even the awards provide minimums for companies who are expected to follow them.
Overtime rules apply when you are constantly working beyond your contracted shifts. It’s noble to not want a facility to be short-staffed when someone can cover an extra shift on their day off; however, such work is often not compensated as it should be, which is unfair.
Maximum hours apply for safety’s sake. Working excessive hours in a care environment increases the risk of mistakes that could harm residents. If you’re consistently being rostered for dangerously long stretches, that’s both an employment issue and a quality of care issue.
When Rights Aren’t Being Respected
Knowing what you’re entitled to is only half the battle. Actually enforcing those rights when an employer isn’t following the rules is where things get complicated. Speaking up about underpayment or unsafe conditions feels risky when that same employer controls your shifts and income.
Most facilities have internal complaint procedures, though how seriously they take grievances varies wildly. Some genuinely want to fix problems, others treat complaints as troublemaking. Keeping records of pay slips, rosters, and any conversations about issues makes a difference if things escalate.
Fair Work can investigate when facilities aren’t meeting their legal obligations. If you’re being underpaid or rostered in ways that breach the award, they have enforcement powers that individual workers don’t. For serious issues like unfair dismissal or discrimination, the Fair Work Commission handles disputes and can order remedies including reinstatement or compensation.
The reality is that some aged care facilities cut corners, whether through ignorance or deliberate exploitation. Workers in vulnerable situations, particularly those on temporary visas or with limited English, sometimes face the worst conditions because employers assume they won’t complain or don’t know any better.
The Bottom Line
Working in aged care is demanding enough without having to deal with employers who don’t respect basic employment standards. The legal protections exist precisely because the work is hard, the hours are irregular, and the stakes are high for both workers and residents.
Understanding what you’re entitled to under the law isn’t about being difficult or unreasonable. It’s about making sure the aged care industry meets minimum standards that should never have been negotiable in the first place. Whether it’s getting paid correctly for the hours worked, having safe working conditions, or being treated fairly when problems arise, these rights matter.
The sector has been under increasing scrutiny for both resident care standards and how staff are treated. Reforms are happening, but change is slow. In the meantime, workers need to know what protections they have and where to turn when those protections aren’t being honoured. The job is hard enough without accepting conditions that fall below what the law requires.
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