Every year TAFE NSW shuts down the majority of campuses and offices across the state so staff can enjoy the festive season or religious holidays. The date of the closedown is different every year and follows the Premier’s memorandum.
But not all campuses closedown during this period, and in recent years, the main campus to be open during the Christmas closedown is typically TAFE Ultimo.
Can I be directed to take annual leave because of the Christmas closedown?
The CPSU NSW encourages members to take time with your friends and family over the closedown period to rest and recover.
However, just because your campus or office is closing 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. Such as 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.
Can I be directed to work during the Christmas Closedown?
Discretion is available for agency heads to determine the extent of the closedown, including the granting of exemptions. Any exemptions should be limited to employers who have workers with frontline responsibilities, such as police and medical staff as well as the undertaking of critical work with statutory deadlines that can’t be shifted; or working on significant Government priorities that need to be completed.
However, TAFE NSW do not have any staff who are considered ‘frontline’ workers. You cannot be directed to work during a part, or all, of the Christmas closedown period without consideration of your right to access leave.
If you have been directed to work, and you feel this is not accurate and/or without justification, the CPSU NSW recommends you reserve your right to have all leave considered on an individual basis and encourages you to submit leave via TAFE’s internal system.
Where possible, seek written confirmation that you are to work during this period as well as if your leave has been rejected without reasonable reasons. Contact the CPSU NSW member support centre to receive support, on 1800 772 679, or ">.
When can I be directed to take annual leave?
You can only be directed to take annual leave if your accumulated annual leave balance exceeds 40 working days (50 for shift workers). Then, and only then you can be directed to reduce the accrued leave to below 40 days.
If you have accrued over 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 your Enterprise Agreement.
What if my campus or office is shut?
If your TAFE campus or office is shut over the Christmas new year period and 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.
Working From Home is considered the most reasonable alternative if there are no open campuses close to you, but you should discuss all available options with your manager directly.
Am I required to put up a justification or “business case” about why I do not want to take my leave?
No.
Can I be directed to take extended leave?
You cannot be directed to take extended leave (or long service leave) under any circumstances.
In Union
Contacts
Lisa Nelson Senior Industrial Officer
