Ask Katrina

Ask Katrina: CNS/CMS underperformance

September 30, 2026 by lvo@nswnma.asn.au Leave a Comment

Can a CNS/CMS Grade 1 status be revoked for someone who is underperforming?

Yes, however removing CNS status from someone who is underperforming should only occur after ensuring that every effort has been made through a performance management process to assist the CNS to improve their performance. The performance plan should be well documented. The staff member needs to be made aware of the potential outcome for underperformance at CNS level and be afforded time to improve and have procedural fairness during any discussions and performance management process. Any appeal relating to the grading or revalidation of a CNS/CMS Grade 1 should be made to the Director of Nursing/Midwifery.

Ask Katrina: Parental leave eligibility

September 30, 2026 by lvo@nswnma.asn.au Leave a Comment

I have been working at NSW Health worksite on part-time basis for the past 7 months and am currently pregnant. I have been offered a new role at another NSW Health hospital. Will I still be entitled to paid parental leave?

Yes, you will still be eligible for paid parental leave when moving between NSW Health facilities or other government sector organisations. As per the Leave Matters for the NSW Health Service NSW Health Policy Directive PD2024_046, an employee is entitled to 14 weeks of paid parental leave if they have completed at least 40 weeks’ continuous service by the expected date of the birth, adoption, surrogacy or ongoing placement.

Your previous continuous service will be counted towards the service prerequisite for paid parental leave if:

your service was performed on a full-time or permanent part-time basis
your employment did not end due to dismissal and
your new role starts on the next working day with the new employer

Under clause 34(A)(ii) of the Public Health System Nurses’ and Midwives’ (State) Award 2023, a break in service of up to two months is permitted before the new position is commenced as long it was secured before ceasing employment with the former employer. However, this period is not counted towards the total service period required for eligibility.

Ask Katrina: Working 12-hour shifts

September 30, 2026 by lvo@nswnma.asn.au Leave a Comment

I am a full-time RN working in a public hospital and have been advised that my ward will be starting 12-hour shifts. What does this mean and do I have to participate?

Participation in 12-hour shifts must be voluntary and alternative shift options must remain available. A 12-hour shift usually spans 12.5 hours, including one 30-minute unpaid meal break and two 20-minute paid tea breaks. During night shifts, a further one hour paid break or two 30-minute paid breaks should be provided.

A maximum of three 12-hour shifts can be worked in a row, with a minimum 11.5-hour break between shifts. An employee may be rostered for four consecutive shifts once in each 6-week cycle at the request of the employee. Either a 6-week (19 x 12hr shifts) or 4-week (12 x 12hr shifts + 1 x 8hr shift) model is used. No overtime can be worked under a 12-hour shift arrangement.

The Association should be notified of any new 12-hour shift arrangements prior to it starting, and you should also be able to opt out of working 12-hour shifts with one roster period notice.

Ask Katrina: Blocking union support

September 30, 2026 by lvo@nswnma.asn.au Leave a Comment

I recently had my shifts cut and my manager has told me that I cannot raise the matter with the union as it is operational and “not a union matter”. Is that right?

No. Your employer cannot prevent or discourage you from speaking with your union. As a union member, you have the right to seek advice, support and representation from your union about any workplace issue.

Employers and individual managers can face serious consequences for attempting to discourage, pressure, or coerce employees into not contacting their union.

Reductions to shifts can have significant financial and personal impacts and, depending on the circumstances, may be unlawful. This is precisely the type of issue your union can assist with.

You are fully entitled to contact your union for advice and support. Please get in touch with us as soon as possible so we can help you further.

Ask Katrina: Advice after termination

September 30, 2026 by lvo@nswnma.asn.au Leave a Comment

I work as an RN for NSW Health and my employment has been terminated. I researched what to do online, and the AI responded that I should apply to the Fair Work Commission for unfair dismissal. Is that correct?

AI can be very handy for certain tasks, but care needs to be taken as it often provides inaccurate and sometimes incorrect advice on legal and industrial matters. If a NSW Health employee is unfairly dismissed, and eligible given their circumstances, the NSWNMA would make an application to the NSW Industrial Relations Commission for unfair dismissal. The Fair Work Commission hears unfair dismissal applications for the private sector, such as private hospitals, aged care, GP practices and so on.

Members are strongly encouraged to contact the NSWNMA for advice as soon as possible should they be asked to attend a fact-finding interview, are issued with a show cause letter, and/or their employment is terminated. There is a strict 21-day time limit for unfair dismissal applications.

Not currently a part of the NSWNMA? Explore the benefits of becoming a member here and join an 85,000-strong union today..

Ask Katrina: Workplace injury rights

September 30, 2026 by lvo@nswnma.asn.au Leave a Comment

I have an historic physical injury from work and struggle to perform my role in ICU, though I can perform work that isn’t as physical. My employer said they may medically terminate me. What are my rights?

Under the workers Workplace Injury Management and Workers Compensation Act 1998 (NSW), both employers and injured workers have an obligation to co-operate and make reasonable efforts to return to work in suitable employment or pre-injury employment. If you have some capacity to work but not ‘on the floor’, your employer should offer you suitable alternate duties (something that isn’t related to your role) as you recover.

Your employer has an obligation to provide suitable duties, which means employment in work for which the worker is currently suited which must have regard to the nature of the worker’s incapacity, the worker’s age, education, skills and work experience. If you have capacity to work, your employer should also make reasonable adjustments to your role. There is also the option of redeployment to an area that doesn’t place as much physical demand on you. The NSW Public Health System should prioritise new vacancies for employees with workers compensation injuries. Please contact the Association to discuss your individual situation.