The PSA has been questioned by members seeking clarification of their entitlements and the employer's obligations concerning a compulsory closure of DFEEST work sites over the Christmas/New Year period.

The PSA received reports from members that DFEEST is planning to close business offices for periods commencing before 25 December 2007, and to remain closed beyond 2 January 2008.

It is important that members are aware that DFEEST must obtain Ministerial authority to close business offices for the Christmas – New Year period. DFEEST cannot direct staff to utilise annual leave, TOIL, Long Service Leave or flexi-time on any occasion other than for periods approved by the Minister.

If DFEEST determine to close an office outside the 25 Dec. - 1 Jan. period, then:

• members may agree to utilise leave (Annual, TOIL, Flexi, LSL);

• DFEEST may direct staff not taking leave to report to another work-site; and

• DFEEST may pay staff to remain at home.

Clause 4, Schedule 2 of the Public Sector Management Act prescribes that:

“The Minister may direct -

(a) that all or any the offices of an administrative unit be closed; and

(b) that specific classes of employees be not required to work,

on a specified day or days.”

To date the PSA has not received any advice confirming the Minister will direct that offices will be closed for days other than 27^th, 28^th, and 31^st December 2007.

The PSA reminds members they are entitled to apply for accrued Flexi leave during the period 27 – 31 Dec. as an alternative to accessing annual leave entitlements. DFEEST may request but not direct members to access annual leave for periods other than the 27^th, 28^th, and 31^st December, therefore leave applications must be submitted in the usual manner.

The PSA has requested a meeting with DFEEST Human Resources to ensure that members' leave rights are not compromised, and that only the Minister approves a compulsory closure.

For enquiries or comments please contact PSA Industrial Officer Carly Cooper on 8205 3285 or email: clc@cpsu.asn.au

PSA WORKING TOGETHER, WINNING TOGETHER