Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M2008-13
Status:
Archived

M2008-13 Christmas Closedown 2008-09

Description

This Memorandum has been superseded by M2009-19 and superseded M2007-05 and C2007-46.

Detailed Outline

The Christmas closedown directs all public sector agencies that are not involved in the delivery of front line services to implement a two week shut down over the Christmas/ New Year period, and encourages State Owned Corporations to maximise the taking of leave wherever possible.

As well as enabling employees to enjoy valuable time off with family and friends over the peak holiday period, previous years have shown the closedown has had a positive impact on reducing leave liability throughout the sector.

Closedown arrangements will vary between agencies and the decision as to which areas are appropriate to be closed down, and the extent of that closedown, is to be made on a case by case basis by the agency’s Chief Executive Officer (CEO).  It may, for example, involve all or sections of an agency being closed down, or a partial closedown of a section (ie skeleton staffing).

Closedown Dates:
A flexible approach to the start date of the closedown is to be taken in 2008.  Operational requirements should be considered in determining the appropriate date for each agency and its sections.  Agencies have two options on when to apply the Christmas closedown:

  • Monday 22 December 2008, up to and including Friday 2 January 2009
  • Thursday 25 December 2008, up to and including Wednesday 7 January 2009

Public Holidays:
The Christmas and New Year public holidays for New South Wales (NSW) that fall within the closedown period are:

  • Thursday 25 December 2008 – Christmas Day
  • Friday 26 December 2008 – Boxing Day
  • Thursday 1 January 2009 – New Year’s Day

To facilitate leave management arrangements, CEO’s should:

  • encourage managers to release their staff on leave over the relevant period, where possible and appropriate;
  • 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); and
  • refer to the relevant industrial instrument to determine whether there are relevant provisions or whether the Annual Holidays Act 1944 provisions apply.

Public Service Departments:
The following provisions apply to public service Departments only.

Concessional Leave:
It is a practice of the Premier to grant a half-day’s concessional leave for Christmas.  For Departments that closedown on Thursday 25 December, employees may, subject to operational requirements and attendance at work on the morning of Wednesday 24 December, be granted a half day concessional leave for that afternoon.

Public Service Holiday:
In addition to the public holidays observed in NSW, public service employees, subject to provisions in enterprise arrangements, who are not entitled to a union picnic day or some other special day, such as the Tuesday after Easter or local holidays, are entitled to a public service holiday.  This holiday is to be taken during the period between Boxing Day and New Year's Day.

Department Heads, in accordance with clause 19(a)(3) of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 (the Award), are to determine which day will be observed as the public service holiday in their Department.

Employees directed to work on the day determined as the public service holiday are entitled to be absent from duty on one of the other working days between Boxing Day and New Year’s Day.
Unless otherwise provided for in enterprise arrangements:

  • Employees directed to work on all of the working days between Boxing Day and New Year’s Day are entitled to be paid overtime at the “public holiday” rate for work performed on the day determined as the public service holiday for the agency, in accordance with the Award.
  • Shift workers (as defined in the Award) are to receive the public holiday provisions set out in Clause 88 of the Award for the day observed as the public service holiday in their agency.
  • Part time employees are entitled to be absent on the public service holiday and receive ordinary pay if they would normally have worked on that day.  Those who do not normally work on that day are not entitled to compensation.

The conditions for granting and taking of the leave are set out in Part 6-6 of the Personnel Handbook.

Morris Iemma MP
Premier

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jul 24, 2008
Review Date
Aug 1, 2018
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet