Ask Shaye
Waiver form for breaks between shifts
I am a registered nurse at a public hospital. We have recently received a waiver form about the 10-hour break between rostered shifts. Do I have to sign this?
In short, no. There is no compulsion for you to waive your entitlement under Clause 4(iv)(a) of the Public Health System Nurses’ and Midwives’ (State) Award to have a ten-hour break between your rostered shifts. Further, if you do not agree to waive this right, you cannot be subject to detrimental treatment in seeking to retain an Award right. Equally, however, if you and your colleagues believe an advantage accrues from agreeing to a waiver, then that is permitted under the Award.