As we approach the end of the year, government agencies will be shutting down for the Christmas holiday period. TAFE NSW is shutting the majority of campuses and offices across the state so staff can enjoy the festive season.
Not all campuses are shutting, and you cannot be forced to take leave during this period.
So, while the CPSU NSW wishes you a Merry Christmas and happy holidays, it is important to remember your rights over this period.
The CPSU NSW encourages members to take time with your friends and family over the shutdown period to rest and recover.
However, just because your campus or office is closing down this does not mean you can be directed to take annual leave to cover the closedown period.
There are many reasons why members may wish to save their leave to use at an alternate time including an upcoming holiday, utilising leave in other holiday periods to care for school age children, or having a low leave balance.
Clause 94.3 and 94.7 of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2023 outlines the conditions around leave balances.
Over this period, you cannot be directed to take annual leave if you have accrued fewer than 40 days.
You can only be directed to take annual leave if your accumulated annual leave balance exceeds 40 working days (50 for shift workers). Then you can be directed to reduce the accrued leave to below 40 days.
If you have accrued more than 40 days, the Agreement allows for you to “conserve” leave for operational or personal reasons with the approval of the Managing Director.
A blanket directive for all staff to proceed on leave during the Christmas closedown, without taking into account accrued leave balances, is a breach of the Agreement.
If your TAFE campus or office is shut over the Christmas New Year period and if you want to keep working, a reasonable alternative work arrangement must be made available to you.
TAFE may ask you to work at another location, but you cannot be expected to travel unreasonable distances. If you wish to continue working during this period.
Working From Home is considered the most reasonable alternative if there are no open campuses close by but you should discuss all available options with your manager directly.
No.
You cannot be directed to take extended leave (or long service leave) under any circumstances.
If there is evidence that management has tried to direct you to take leave outside of the provisions of the Agreement, and you are a member of the CPSU NSW, please call our Member Support Centre on 1800 772 679 and we will advise, assist, and support you.
Merry Christmas and Happy New Year,
Lisa Nelson CPSU NSW Senior Industrial Officer
Michael George CPSU NSW Organiser
