I am a senior Nurse Manager in the public sector. I work Monday to Friday. I have now been asked to be on-call over the weekends when I am not rostered to work. This is too much. Aren’t I entitled to have some downtime?

Yes, you must be completely free from work, including free from being placed on-call in accordance with the Public Health System Nurses’ and Midwives’ (State) Award. Firstly, when you are on annual leave, you cannot be placed on-call (clause 4 (xvii)). Secondly, while there is a possible exception in extreme circumstances to remain on-call on rostered days off to provide clinical services, the general arrangement provides the following in clause 4(xvii)(b):

“…no employee shall be required to remain on call whilst on a rostered day off or from the completion of the employee’s shift on the day preceding a rostered day off.”

Therefore, if you work Monday to Friday, you must be free from on-call on Saturday, Sunday and on Friday night.

There is a special allowance for being on-call during a rostered day off. This allowance can only be utilised in circumstances agreed between the Local Health District and the head office of the Association (see clause 4(xvii)(c). This is quite rare.