The Economic and Financial Statement released by the Government on 23 February 2006 contained a commitment to consider the feasibility and benefit of maximising the taking of leave by public sector employees in the last week in December and the first week in January.

For areas not involved in the delivery of front line services Ministers are asked to maximise the taking of leave by public sector employees in the last week of December and first week in January wherever possible and in accordance with current industrial instruments.

These arrangements may involve all, or section(s) of an agency or a partial close down of a section (i.e. skeleton staff). The decision as to which areas are appropriate to be closed down (either total or partial) is to be made on a case by case basis by the Minister or Chief Executive.

To facilitate the leave management arrangements, Ministers and Chief Executives should:

• refer to the relevant industrial instrument to determine whether there are relevant provisions or whether the Annual Holidays Act 1944 provisions apply. If no provisions exist, consideration should be given to negotiating appropriate arrangements in future instruments, including flex agreements;
• subject to operational requirements and the relevant industrial instrument, direct employees with excessive leave balances onto leave during this period;
• consider utilising temporary assignment provisions to assign staff to areas where work is continuing during the last week in December and the first week in January;
• utilise the period as part of an agreed action plan to reduce accrued work time under a flex agreement;
• ensure managers hold discussions with employees prior to the implementation of these arrangements and provide as much notice as possible (at least one month or on their first day of work if they have been employed for less than a month prior to Christmas).

Unions NSW has been consulted in the development of this proposal.

Morris Iemma MP
Premier

Issued : Employee Relations Policy and Advice (Public Employment Office)
Contact: Agency Contact Officer
EMail: [email protected]
Telephone no: Facsimile: 9228 3577
File no: 
Date: 6/9/2006
This memorandum has not superseded any other Memorandum/Circular