Question: I work in a public hospital and my NUM has asked in advance that I cancel my ADO and work instead. Must I cancel my ADO if given sufficient notice?
Answer: Under Clause 4(vi) ~ Hours of Work ~ of the Public Health System Nurses’ and Midwives’ (State) Award, the additional day off duty (ADO) may not be changed in a current cycle unless there are genuine unforeseen circumstances prevailing. Where such circumstances exist and the ADO is changed, another day shall be substituted in the current cycle. Should this not be possible, the day must be given and taken in the next roster cycle.
Clause 8 – Rosters – of the Award also has a role to play, and provides some guidance to the circumstances that may warrant such a change. A posted roster may only be altered to enable the nursing service of the hospital to be carried on where another employee is absent from duty on account of illness or in an emergency, provided that where any such alteration involves an employee working on a day that would otherwise have been the employee’s day off, the day off in lieu shall be mutually arranged.
Unless mutually agreeable, the amount of notice provided is not the defining feature – it is the circumstances as to why the change is being sought that will determine whether the request is reasonable and should occur.