6 September 2022
It is in our members’ DNA to lend a hand, finish the job and provide ongoing support to patients but there are concerns this dedication is sometimes going unrewarded.
The ANMF (SA Branch) has recently received unprecedented numbers of contacts from members at the Lyell McEwin and Modbury Hospitals in relation to unpaid overtime.
“We understand that these are extremely stressful and demanding times and we would like to remind members of their rights and responsibilities in relation to working extended hours, missed meal breaks and what this means for their hourly pay rates,” ANMF (SA Branch) CEO/Secretary Adj Associate Professor Elizabeth Dabars AM said.
We would like to remind our members working in the public sector that:
- They are to be paid overtime rates for any authorised work in excess of their ordinary working hours
- Overtime is an entitlement that should be claimed by an employee
- By claiming overtime provisions it ensures actual working hours are recorded, which means problems with inadequate staffing levels can be identified and addressed
- TOIL in lieu of overtime rates is at the member’s choice, not the employer’s
Nursing/Midwifery (South Australian Public Sector) Enterprise Agreement 2020 (NMEA), Section 126.96.36.199:
"Where an employee is required by an authorised person to work more than 5 hours without having had, or commenced, an unpaid meal break, the employee will be paid an additional 50% of the employee’s ordinary hourly rate from the commencement of the sixth hour until such time as the employee is provided with an uninterrupted meal break or until the completion of the employee’s ordinary hours of work for that day or shift..."
The Nurses (Public Sector) Award (2002), Clause 5.4.4:
In computing overtime payments, each day’s work stands alone. A minimum of fifteen minutes must be worked to receive overtime payments. Payments for overtime are calculated to the nearest quarter hour.
For our private sector members please check your individual employment agreements as overtime provisions will be different. Head to Member Assist if you have any further questions.
You can join the ANMF (SA Branch) online here.