Nurses denied pay for time spent self-testing for COVID-19 before every shift

In May 2023, the Fair Work Commission (the FWC) determined that a group of nurses and nursing staff were not entitled to overtime pay for the time they spent testing themselves for COVID-19 before each shift (Australian Nursing and Midwifery Federation v Johnson Stenner Aged Care Pty Limited [2023] FWC 943).

This decision was reached in the specific context of nurses and nursing staff employed by Johnson Stenner Aged Care and covered by the Johnson Stenner Aged Care Enterprise Agreement (the Agreement), who work at various residential aged care facilities in Gladstone, Queensland.

While the decision boiled down to the FWC's interpretation of the Agreement, it raises broader questions of what activities constitute 'work' under enterprise agreements. This issue goes to the question of what kinds of rights attach to certain activities associated with work.