An employer who has given numerous employees first aid training may be unsure who is entitled to a first-aid allowance. And if there is an entitlement, is a part-time employee paid the full weekly allowance or a portion based on the ordinary weekly hours?
The entitlement to a first-aid allowance depends on the terms of the applicable modern award or enterprise agreement.
The situation with first-aid entitlements may be illustrated with an example:
If a company has recently paid for several employees (including a part-time employee) covered under the Food, Beverage and Tobacco Manufacturing Award 2020 to be trained in first-aid and they all successfully completed the training – and now have a nationally recognised first-aid qualification – what are the conditions for entitlement to a first-aid allowance? And what about the part-time employee?
In this case, the modern award provides that the first-aid allowance is payable if a suitably qualified employee is appointed by their employer to perform first-aid duty.
This means the employees would need to be appointed to perform first-aid duty. Under Work Health and Safety Regulations, the employer is required to appoint an adequate number of workers to administer first-aid.
In other words, an employee with a first-aid qualification is not automatically entitled to payment of the first-aid allowance.
To avoid creating confusion or disputes over the payment of the allowance, it would be advisable to identify those employees who have been appointed as first-aid attendants.
WHS regulations
The Work Health and Safety Regulations place specific obligations on a person conducting a business or undertaking in relation to first-aid, including requirements to:
- provide first-aid equipment and ensure each worker at the workplace has access to the equipment
- ensure access to facilities for the administration of first-aid
- ensure that an adequate number of workers are trained to administer first-aid at the workplace or that workers have access to an adequate number of other people who have been trained to administer first-aid.
Part-time employees
The expression of the allowance in the Food, Beverage and Tobacco Manufacturing Award determines the method of payment. It expresses the first-aid allowance as payable ‘per week’.
This means a part-time employee with first-aid responsibilities is paid a proportion of the first-aid allowance based on the employee’s ordinary hours compared to the weekly hours (38 hours).