ask shaye

Ask Shaye – 12-Hour Shifts

October 11, 2024 by Madeline Lucre Leave a Comment

I have been working in the public health sector for a few years. My NUM is looking at introducing 12-hour shifts in our department. I am a single mum, and 12-hour shifts would not be suitable for me and my family. Can I be forced to work 12-hour shifts?

No. You can choose to not be part of the 12-hour system. Your employer is required to have alternative shifts for you and others who opt out of it under

Clause 5, (v)(a) Pilot Roster Projects of the Public Health System Nurses’ and Midwives’ (State) Award 2023:

Participation in a 12-hour shift system will be voluntary.

Alternative shift provisions must remain available for staff who do not agree to participate in a 12-hour shift system.

Ask Shaye – Affiliated Health Organisations

October 11, 2024 by Madeline Lucre Leave a Comment

I work as a Registered Nurse for an Affiliated Health Organisation. I thought I was paid under the Public Health System Nurses’ and Midwives’ (State) Award, but I’ve been told that this is not correct and that I’m in the federal industrial relations system. Can you tell me what this means?

If you are employed by an Affiliated Health Organisation (AHO) you are in the federal industrial relations system.

However, AHOs are recognised as part of the New South Wales public health system and, as a result, the nurses and midwives they employ must as far as possible be remunerated in accordance with the Public Health System Nurses’ and Midwives (State) Award (the PHS Award).

The Association has negotiated an enterprise agreement with AHOs which is designed, to the extent possible, to mirror the PHS Award. It is worth remembering that if the PHS Award changes, those changes should flow on to nurses and midwives working for AHOs.

Ask Shaye- Increasing part time hours at Healthscope

October 11, 2024 by Madeline Lucre Leave a Comment

I am employed on a permanent part-time basis at a Healthscope facility. I regularly work more than my contracted hours. Can my contract be changed to reflect the hours that I work?

Yes. Clause 24(xi) of the

Healthscope – NSWNMA/ANMD

NSW Nurses’ and Midwives’
Enterprise Agreement 2020- 2024 provides that a part-time employee can request that their hours be reviewed annually.

Where the employee is regularly working more than their contracted hours, it may be agreed that the contracted hours will

be adjusted to reflect the hours regularly worked. However, adjustments to contracted hours will not be made in circumstances where the additional hours are being worked to replace other staff who are absent on leave or are the result of a temporary increase in hours – for example, for the specific needs of a patient.

Ask Shaye- Consultation about change

October 11, 2024 by Madeline Lucre Leave a Comment

I work in a public hospital, and I have heard that there is a restructure occurring in my department and I will now be reporting to a different manager. I have not received any formal communication with regards to this. Does the LHD need to inform me about a restructure?

Generally, yes. Under clause 6(a) of the Public Health System Nurses’ and Midwives’ (State) Award employees must be notified of changes which are likely to have a significant effect upon them. This includes a restructure and a change in reporting lines. Not only is an employer required to notify, they must also consult with the Association and affected employees, and give an opportunity to provide feedback for consideration.

Ask Shaye – Annual leave paid on termination of employment

October 11, 2024 by Madeline Lucre Leave a Comment

I’m currently working in a public hospital in NSW, and I have 10 weeks of annual leave accrued including 2 weeks pro- rata. I want to resign and go to work in the private sector, and want to know if I will be paid annual leave loading on my 10 weeks of annual leave when I receive it as a lump-sum payout on termination?

Payments for pro-rata annual leave and lump-sum payouts on termination do not attract a payment for annual leave loading, however you can claim the loading on a lump-sum payment if you are retiring. Please refer to Clause 2.11.1 (6) (7) and (8) of the Leave Matters for the NSW Health Service

As an alternative approach 15.1 of the policy directive allows you to elect to take your annual leave as service on resignation. This means instead of receiving a lump-sum payment on resignation, you can elect to proceed onto the remaining balance of your untaken accrued annual leave. This would mean that you are paid annual leave loading on the leave when taken as service, however you are still unable to be paid loading on pro- rata leave or public holiday leave.

Ask Shaye – Long service leave calculation for varied hours

October 11, 2024 by Madeline Lucre Leave a Comment

I have worked in the same private medical centre for over 10 years, but my permanent part-time hours have varied from time to time. How will my long service leave be calculated?

If someone has a mix of different permanent hours of service at the same private practice employer, their Long Service Leave will be calculated on whichever is the highest rate: the ordinary pay for the last pay period prior to the leave being taken or the average weekly pay earned during the previous five years (excluding any weeks of unpaid absences from the 5-year average).