The purpose of this Circular is to inform all agencies of the arrangements to apply to public sector employees who are rostered to work over the New Year's Eve period.

On 21 September 1999 the Government announced a half day public holiday on New Year's Eve commencing from 12 noon. Following a claim by the Labor Council of NSW for a 500% allowance over a 48 hour period commencing on New Year's Eve and having regard to the significant service demands across many agencies created by the special nature of this New Year's Eve and the need to ensure adequate staff levels to meet these demands, the following set of arrangements for special payments have been approved by the Cabinet.

The arrangements are designed to have sector wide application and are to be used as a guide for agency level negotiations directed at the settlement of local arrangements. Agencies are required to guard against setting any precedent that will affect other agencies or the staging of the 2000 Olympic and Paralympic Games.

The arrangements are to apply to all staff who will be rostered to work over the New Year's Eve period, whether they are shift workers or ordinary time workers. Award conditions that would apply during the period are to be replaced by the special payments. Clearly, the arrangements are not intended to replace employment conditions where, consequently, an employee is disadvantaged.

The arrangements are as follows:

• Payment of the employee's base rate plus 300% as a maximum, in lieu of award conditions (ie, absorption of any other public holiday penalty rates applicable).
• Agency level negotiations may vary this type of payment to suit local arrangements, subject to the costs not exceeding the equivalent of this maximum.
• The payment is to cover the 15 hour period from 6:00pm on 31 December 1999 to 9:00am on 1 January 2000. Agency level negotiations are to establish the arrangements for payment of shifts that overlap these times.
• Payment will be subject to continuity of attendance prior to, during and after this period. Agency level negotiations may establish the arrangements to apply to satisfy the "continuity of attendance" requirement.
• Staff rostered on stand by or on call are to be paid an additional $250. This amount is to be absorbed by the above payment if the employee is called in to work.

Staff not employed under the Public Sector Management Act 1988
Chief Executives of Statutory Authorities and Chief Executives Officers of Departments with authority to determine or agree to salaries and conditions of employment for certain staff, are requested to proceed with implementation of the arrangements. The determination made hereunder for staff employed under the Public Sector Management Act 1988 may be used as a model for implementation within the agency.

Chief Executives of State Owned Corporations are encouraged to adopt the arrangements.

The Public Employment Office has approved of staff employed under any Act, which identifies the Public Employment Office as the authority for determining or agreeing to salaries and conditions of employment being covered by the following determination.

Staff employed under the Public Sector Management Act 1988
The Public Employment Office has determined, pursuant to s63 of the Public Sector Management Act 1988, the following:

Staff members rostered to work during the New Year's Eve period of 6:00pm on 31 December 1999 and 9:00am on 1 January 2000 (the period) are to receive a special payment of the staff member's base rate plus 300% as a maximum, in lieu of the shift work and overtime conditions prescribed under the Crown Employees (Public Service Conditions of Employment 1997) Award and all other Enterprise Agreements or Awards that prescribe shift work and/or overtime conditions.

An "overtime barrier" applies to all staff who receive a salary, or salary and allowance in the nature of salary, in excess of the maximum rate for Clerk, Grade 8 (ie, $56,171pa). In this regard, the special payment is to be the base rate of the maximum of Clerk, Grade 8 plus $1.00, plus the 300% loading. This arrangement is to apply in place of any other "overtime barrier" applying in other instruments but is not to apply in any case where the employee is disadvantaged. Where a disadvantage arises, the employee is to receive their current award conditions unless the Department Head approves of the special payment based on the staff member's salary.

Staff members who receive an allowance or a rate of pay that is inclusive of overtime or shift penalty, or receive some other compensation for overtime or shift penalty are not covered by this special payment. However the Department Head may approve of a payment based on either a lump sum or a percentage rate, if considered appropriate and equitable under the circumstances. This payment is to be additional to normal award conditions.

Shift rosters which overlap the period of 15 hour from 6:00pm on 31 December 1999 to 9:00am on 1 January 2000 are to be paid the special payment for that part of the roster falling within the period. The Department Head may approve variation to these starting and finishing times to suit local operational arrangements, subject to the period not exceeding 15 hours.

Minimum payment provisions in awards and agreements applying to the working of overtime may be applied by the Department Head, as appropriate, to this determination.

The Department Head may approve of leave in lieu arrangements applying in relevant awards and agreements also applying to this determination.

The special payment is subject to continuity of attendance prior to, during and after the period. The Department Head may approve of the arrangements to apply to satisfy the "continuity of attendance" requirement.

Staff rostered on call or on stand by during the period are to be paid an additional $250. This amount is to be absorbed by the special payment if the employee is called in to work. The payment is not to exceed this amount for being on call during the period. The minimum hours to be on call for payment of this amount is a standard full-time shift period (ie, from 7 hours to 12 hours, depending on established roster arrangements). An on call roster, which is less than the recognised standard full-time shift or overlaps the period, is to be paid on a pro rata basis. The Department Head may approve of variation to on call arrangements for the period if considered appropriate under the circumstances.

Further enquiries
Any enquiries concerning this matter should be directed to David Clark on telephone number 9228 3531.

Yours sincerely

C Gellatly
Director-General