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Question

Swapping Shifts: I work in the public sector and was rostered to work the afternoon shift and then the morning shift. During my afternoon shift my NUM asked me to stay back and do the night duty and said she would swap my morning shift for the night duty so she won't have to pay me overtime. Can she do this?

Answer

Clause 8 Rosters in the Public Health System Nurses' & Midwives' (State) Award contains provisions that allow alteration of a roster to enable the nursing service to be carried on where another employee is absent due to illness or in an emergency. So the NUM may be entitled to alter your roster but not in the way proposed. Despite the above provisions enabling the NUM to alter the roster, a change of the rostered morning shift to a rostered night shift would be a breach of the award requirement for a 10-hour break between each rostered shift. So any hours worked on the night shift would have to be overtime not ordinary rostered hours. Clause 25(ii)(a) of the Public System Nurses and Midwives (State) Award states that 'all time worked by employees in excess of the rostered daily ordinary hours of work shall be overtime'. Therefore, the night duty shift should be paid at overtime rates because you are working beyond what your rostered shift is for that day. You would still be rostered for the following morning shift. Clause 25(ix) states that you need to be allowed to have a minimum of 10 hours off duty without loss of pay between the end of your overtime shift and the commencement of your next rostered shift. This means that you need to be paid for your rostered morning shift at the base rate. Depending on when overtime finished, you may be required to come in and work the end of the shift after you have had a 10-hour break.

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