Parliament staffers’ option to work on Australia Day

All staff of MPs and senators have been told they can substitute ‘a gazetted public holiday for an alternative day off’.

Parliament House in Canberra.

The Finance Department has sent a memo on the eve of Australia Day to staff of all Members of Parliament informing them they can substitute “a gazetted public holiday for an alternative day off”.

The memo sent to staff on Wednesday says Special Minister of State Don Farrell had approved a new determination providing parliamentary staffers an option to swap public holidays in agreement with their offices.

“This brings public holiday substitution for MOP(S) Act employees in line with the broader Australian public service,” the memo says.

“Finance will consult with the employee consultative group (ECG) on the application of this arrangement at the next meeting scheduled on 10 February 2023, covering a digital application form, supporting guidance (including case studies); and frequently asked questions.

“In the meantime if you are interested in substituting an upcoming public holiday please contact the Ministerial and Parliamentary Services Help Desk … to discuss next steps.”

The memo follows moves by corporate Australia to allow employees to request an alternative day off and work on January 26.

Nationals senator Bridget McKenzie this week raised concerns with Infrastructure and Transport department secretary Jim Betts about Public Service Minister Katy Gallagher’s decision allowing public servants to “substitute the public holiday on Australia Day for an alternative day”.

“The minister’s decision and … comments made by the Prime Minister have resulted in a level of public confusion,” Senator McKenzie wrote to Mr Betts.

Senator McKenzie, the opposition infrastructure spokeswoman, has sought advice on the process for public servants to obtain agreements on substituting the Australia Day public holiday for an alternative day and whether public holiday overtime rates would be paid to bureaucrats working on January 26.

The Australian understands parliamentary staffers have also sought further advice on Senator Farrell’s decision and formal input from the employee consultative group, which includes staffers from Labor, Coalition, Greens and independents’ offices.

The response from Mr Betts to Senator McKenzie said that to substitute a public holiday for another day an “employee and their manager must agree to the arrangement and appropriate substitute day in writing”.

“I can confirm that where an employee chooses to work a public holiday, the overtime rates contained in the EA (enterprise agreement) are not applicable,” he said.

Opposition citizenship spokesman Dan Tehan said this the week that when Prime Minister Anthony Albanese made the decision before Christmas to allow councils not to hold citizenship ceremonies on Australia Day he had “sent a clear message that he was happy for people to undermine our national day”.

Head of People & Culture at PwC Australia, Catherine Walsh, said the firm had a “floating public holidays” policy that “provides our people with the opportunity to work on the Australia Day public holiday and take another leave day in lieu that better suits their cultural, individual or religious preference”.

“The policy has officially been in place since 2015 – prior to 2015 the benefit was (unofficially) available to staff by simply asking their team leader,” she said.

“26 January has come to mean different things to different people. For many it is a day to celebrate our diverse nation and reflect on our nation’s complex history, its highs and lows, and how we can create a better future together.

“For many of our Aboriginal and Torres Strait Islander colleagues, clients and communities, 26 January is a time of mourning, while for others it marks the survival of First Nations traditions and cultures.

“In the spirit of reconciliation and to ensure we are living our values, we are mindful and sensitive of this, and encourage our people to listen, learn and respect the voices of our First Nations peoples at this time.

“Better understanding of each other and our complex national identity and history is essential to creating the inclusive culture we aspire to at our firm. We encourage our people to learn in a way that feels right for them.”