The ANMF has told a federal inquiry examining whether the National Employment Standards (NES) are fit for purpose that the current criteria employees must meet to be considered a shift worker is too narrow. Many nurses working irregular hours, such as night shifts, are missing out on an extra week of paid annual leave.

Appearing at a public hearing in Melbourne on Friday, Australian Unions gave evidence in their push for major reforms to the 12 minimum employment entitlements under the NES, which have remained largely unchanged since their introduction in 2010. Key proposals include an extra week of annual leave – up from four to five weeks per year – and from five to six weeks for regular shift workers. Unions are also calling for reduced working hours, including a four-day week where feasible and sector alternatives where it’s not, with weekly hours to be initially reduced from 38 to 35.

ANMF Senior Federal Industrial Officer Kristen Wischer (pictured) told the inquiry the current criteria are too complex, leading to confusion, workplace disputes, and unequal access to entitlements. For example, even though many nurses regularly work night shifts and weekends, they can be excluded from securing the additional week’s annual leave.

“The result really of working nights, working on weekends, is that you spend less time with family, you have less ability to participate in social, cultural, and recreational activities compared to those who are day workers, working a shift pattern across nine to five, Monday to Friday.”

The ANMF says the definition of shift work should be expanded to include night shift. Under current definitions, a nurse could work night shifts from Monday to Friday but not be considered a shift worker. "The additional week of leave is intended to compensate workers for the disutility of working unsocial hours and irregular hours," Ms Wischer said.

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