I work in the public sector and my ward has been informed that we will be changing from 12-hour shifts to eight hour shifts effective from the next roster in six weeks’ time. Can my employer do this? 

Your employer can cease 12-hour shifts on your ward, but they must meet certain obligations under the Public Health System Nurses’ and Midwives’ (State) Award. Under clause 5(v)(m) of the Award, management must consult with staff first. Once consultation has concluded and a decision has been made to cease the 12-hour shifts, three months’ notice must be given to employees.  

Additionally, under clause 6 the employer must notify both NSWNMA and employees who may be affected by changes which are likely have a significant effect. Significant effects include the alteration of hours of work for a class or group of employees.  

Discussions should commence as soon as practicable, and employees should be given an opportunity to provide feedback for consideration.