PURPOSE
To outline the agreement between the public sector unions and the government for closure of non-essential public facilities or services over the Christmas/New Year period.
APPLICATION
This policy applies to staffing levels of non-essential public facilities or services over the Christmas/New Year period.
GUIDELINES
Guidelines may be developed to facilitate implementation of this policy. The guidelines must be consistent with this policy
DELEGATION
The ‘delegate’ is as listed in the Queensland Health Human Resource Delegations Manual as amended from time to time.
REFERENCES
- Nurses and Midwives (Queensland Health) Certified Agreement (EB7) 2009
- Queensland Public Health Sector Certified Agreement (No. 7) 2008 (EB7)
- Health Practitioners (Queensland Health) Certified Agreement (No. 1) 2007
SUPERSEDES
- IRM 2.5-4 Compulsory Christmas/New Year Closure
POLICY
Agreement was reached between the public sector unions and the government for closure of non-essential public facilities or services over the Christmas/New Year period. The agreement was ratified by the Queensland Industrial Relations Commission (QIRC) under the Second Tier Restructuring and Efficiency Principles.
Included in the agreement was the introduction of a compulsory closure of government establishments over the Christmas/New Year period or such closure or restricted staffing as the employer determines to meet government or public needs. Those facilities or services remaining open are to be determined by the employer after having due regard to matters such as:
- the nature of the service provided
- the availability of adequate support services
- efficiency and effectiveness of service provided over the closure period
- effect on other public services.
The closure arrangements replaced the previous half staff arrangements which were found to be inefficient and restrictive. These arrangements provide employees, except those in receipt of an additional week’s leave for continuous shift work, with a concessional day not charged to any leave account.
Employees engaged in services requiring continuous operation, and when such employees receive additional annual leave for continuous shift work, are not to be required to participate in the compulsory closure over the Christmas/New Year period, except as otherwise agreed between the parties.
APPLYING THE POLICY
Operation of the closure arrangements
Under no circumstances are the closure arrangements to be used as a defacto half staff arrangement.
When facilities or services are closed or curtailed, the affected staff are deemed to be on leave over the period. Therefore the normal arrangements are to apply as would occur if such employees were on paid leave. The closure period cannot be split and shared on a half staff basis. Employees not required over the closure period are entitled to enjoy the normal freedom associated with recreation or long service leave.
Conditions
The following conditions apply to the closure arrangements:
Debits and concessional day
Recreation leave account
Employees are debited against their recreation leave account for those working days between Christmas and New Year (inclusive), except for the concessional day.
In the case of employees who receive:
- four weeks recreation leave, no debits are made for public holidays.
- an additional week’s leave for work performed on public holidays, debits are made for all working days including public holidays which fall during the closure period.
Before debiting the public holidays, it is important to determine that they are part of the five working days and not one of the two rostered days off for the week.
Concessional day
Employees are entitled to a concessional day which is not charged to any leave account. Employees who receive an additional week’s leave for continuous shift work are not entitled to a concessional day and are not required to participate in the compulsory closure arrangements.
The actual date of the concessional day is advised each year when the Christmas/New Year arrangements are circulated throughout Queensland Health.
Part-time employees who do not work on the day of the week on which the concessional day falls are not entitled to a concessional day or a day in lieu.
Insufficient recreation leave
When new or current employees have insufficient recreation leave credits available, the applicable debits are charged to accruing recreation leave and not granted on no pay.
Employees on accrued days off arrangements
For those employees whose recreation leave is recorded in hours, debits are made on the basis of the number of hours which would have been worked had the closure not occurred. This is to ensure accrued days off continue to accumulate over the period. Payment is to be for a normal day’s wage.
Employees required to work
Those employees required to work over the closure period are entitled to a day in lieu of the concessional day, not charged to any leave account, to be taken at a mutually agreed time within the following 12 months.
Employees who receive an additional week’s leave for continuous shift work are not entitled to a day in lieu of the concessional arrangements.
Employees absent on leave
Employees who are on recreation or long service leave over the whole closure period are entitled to the concessional day not charged to any leave account on the designated concessional day. Entitlement also exists for the concessional day in emergent circumstances when approval is granted for one of the following forms of leave while on recreation or long service leave:
- Bereavement leave.
- Emergent/compassionate leave.
- Workers’ compensation leave.
- Sick leave (absence is to exceed three working days in the case of recreation leave, or be at least one week in the case of long service leave).
No entitlement exists for a concessional day when an employee is absent on sick leave on full pay over the whole period.
Those employees on unpaid leave have no entitlement to a concessional day or a day in lieu.
Employees who receive an additional week’s leave for continuous shift work are not entitled to a concessional day.
Pay day
For those employees in services which close or are curtailed, the normal pay day is maintained as if the service continued.
Casual employees
Casual employees are not entitled to a concessional day or to be granted a day in lieu.
Part-time employees
Part-time employees participate in the arrangements on the same basis as full-time employees. Any debit is made based on the number of hours which would have been worked on the closure days.
No debit is made for those hours which fall on the concessional day.
Part-time employees who do not work on the day of the week on which the concessional day falls are not entitled to a concessional day or a day in lieu.
Options in lieu of recreation leave
Accrued days off – district health services
Although the Awards require debits to be made against recreation leave, by mutual agreement only, accrued days off can be used rather than debiting against such leave.
Accrued hours (Corporate Office and Health Quality and Complaints Commission)
Employees in Corporate Office or the Health Quality and Complaints Commission by mutual agreement are able to take accrued hours off under schedule 3 of Queensland Public Health Sector Certified Agreement (No. 7) 2008 (EB7). This mutual arrangement allows for the taking of accrued hours off in place of a portion of the recreation leave during the compulsory closure period.
Leave taken as accrued hours over the closure period is to be taken as whole days (i.e. 7 hours 15 minutes). A maximum of three standard days of accrued time may be granted in any settlement period.
Time off in lieu (TOIL)
Employees who have access to TOIL arrangements under their relevant Award or approval to use TOIL within a work unit may use those TOIL balances in place of recreation leave over the compulsory closure period. Leave taken as TOIL over the compulsory closure period is to be taken in whole days only.