Case Win: Nurse Underpaid for Over a Year Due to Misclassification

Nurses Union NPAA steps in to help 

A nurse from the Queensland Branch, the Nurses Professional Association of Queensland (NPAQ) has recently received $7,000 in back pay after it was discovered that she had been underpaid for over a year due to a misclassification in her employment contract.

Our member, who has been employed as an enrolled nurse since 2022, was recently informed that the underpinning award in her employment contract was incorrect. Her job involved relaying clinical information to doctors, something that requires nursing experience. Further, if nursing experience is required, then the role requires proper AHPRA registration. So because the duties needed for the role were substantively drawn from nursing competencies then the job had to be underpinned by the Fair Work Nurses Award 2020.

The misclassification meant that the member was being paid under the wrong award, and was therefore underpaid. After cordial discussions with her employer, the member's title has now been properly recognized and she has received back pay for the last year. This speedy resolution would not have been possible if it were not for all parties involved cooperating around the facts once they had raised properly & discussed in good faith.

This case is a reminder to all nurses to check their employment contracts carefully to ensure that they are correctly classified and paid. Some nursing titles are protected under AHPRA legislation so valid concerns might exist if a prospective employer wants a type of work  beyond what they are paying the nurse, without underpinning the contract with the Nurses Award. 

It is also a reminder to employers that they have a responsibility to ensure that their employees are classified correctly and paid the correct wages.

The NPAQ is thrilled that our member also received the backpay of $7000 that was owed. We will continue to fight for the rights of all nurses and ensure that they are paid fairly.

If you are a nurse and you are concerned that you may be misclassified, please contact the NPAQ for advice.

How is the NPAA so effective in defending members during workplace issues and disputes? Our experienced and professional case managers use our unique RED™ case resolution system.

Why is the NPAA different? We believe that real change in healthcare STARTS with empowering frontline nurses, not bureaucrats. 

If you are a member of NPAA and need assistance with a workplace issue, please submit a member support ticket on your dashboard, or contact us at 1300 263 374 - hotline@npaa.asn.au

To find out more about NPAA and become protected today visit: npaa.redunion.com.au/join