Ask Shaye
Daylight Savings: Make sure you’re across what your entitlements are.
If you are working a shift when daylight saving time starts this weekend (2am, Sunday, 1 October), you will work an hour less than you are paid for.
This is a longstanding practice in the public health system, determined by a decision of the NSW Industrial Relations Commission in 1971. It is consistent with advice of the Fair Work Ombudsman in relation to the private sector.
If you work in the private sector, check your agreement in the first instance to see if there are any references to daylight saving time in it. If not, employees who work overnight when daylight saving time starts are paid according to the clock’s start and finish times. This means, you will work one hour less but will still be paid for your ordinary shift. Conversely, if you also work when daylight savings finishes in April 2024, you will work one additional hour to your ordinary shift length but will not be paid for that additional hour.
The reason for this approach is, it is simple from an administrative perspective and facilitates appropriate staffing coverage without disturbing the contracted hours of employees.
To ensure fairness, employers should, as far as practicable, roster the same staff on shifts that cover the commencement and conclusion of daylight saving time.
Please note in the public health system, if you’re working overtime when the clock goes back an hour, you should be paid for the time actually worked, and not by your start and finish time.
If you’re still unsure about how you should be paid this long weekend, and you are an NSW Nurses and Midwives’ Association member, please don’t hesitate to get in contact here.
You can join the Association here.