GOVERNANCE REVIEW CONSOLIDATED QUESTIONS AND ANSWERS RELATING TO STAFF IN THE MINISTRY OF HEALTH V2 06.12.11

CONTENTS 1. OVERVIEW .......................................................................................................................................... 2

2. THE MINISTRY OF HEALTH ................................................................................................................. 2

3. RESTRUCTURING AND DESIGN PRINCIPLES ....................................................................................... 4

4. HOW MIGHT I BE AFFECTED? ............................................................................................................. 6

5. RESTRUCTURING PROCEDURES ......................................................................................................... 8

6. CONSULTATION ................................................................................................................................ 10

7. INFORMATION AND SUPPORT ......................................................................................................... 10

8. MANAGING EXCESS EMPLOYEES ..................................................................................................... 11

9. STAFF TRANSFERRING LOCATION .................................................................................................... 14

10. STAFF TRANSFERRING FROM THE CROWN EMPLOYEES (PUBLIC SERVICE CONDITIONS OF

EMPLOYMENT) AWARD TO THE HEALTH MANAGERS (STATE) AWARD AND HEALTH EMPLOYEES'

CONDITIONS OF EMPLOYMENT (STATE) AWARD ................................................................................. 14

OVERVIEW

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1. OVERVIEW 1.1 Why are we restructuring? The Minister for Health asked the Director-General to review the current governance structure of NSW Health to ensure alignment with the Government’s health policy. The changes now proposed build on those already undertaken with the establishment of Local Health Districts and are critical to ensure an effective patient focused health system, empowered local decision making, and strengthened clinical engagement. These changes will also assist in creating a more resilient and adaptable health system which will be better placed to participate in the national reforms now underway. The Governance Review Report can be found at www.health.nsw.gov.au. 2. THE MINISTRY OF HEALTH 2.1 How is the Department of Health going to change? The Department has become the Ministry of Health providing Westminster type functions supporting the Minister and the Government, regulatory functions, public health functions (disease surveillance, control and prevention) and system manager functions in state-wide planning, purchasing and performance monitoring of health services. The Ministry will have a strengthened strategic focus based on its core roles as a purchaser, planner and performance monitor for the health system as a whole. And will not be involved in micromanagement of health services. The Ministry will consist of four divisions covering core functions:

Strategy and Resourcing;

Service Purchasing and Performance;

Population and Public Health; and

Governance, Workforce and Corporate Services. The Ministry will reduce in size by around 25% through a combination of function and staff transfers to other health entities and position deletions.

OVERVIEW

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2.2 How will the reduction in the size of the Ministry be achieved? The Ministry will have a much more focussed role and set of responsibilities. The Ministry will have a key role in facilitation and coordination across the system and will not be involved in micromanagement of day to day operational matters. Specific functions and associated staff will be transferred to various public health system entities:

clinical safety and quality, and the credentialing project will be transferred to the Clinical Excellence Commission

clinical redesign and development of models of care, including out of hospital care, and clinician engagement mechanisms will be transferred to the Agency for Clinical Innovation

Ministry corporate support services (ICT, payroll, purchasing, facility management, library and records) will be transferred to Health Support Services

employment screening services to Health Support Services

eHealth strategy will transfer to eHealth NSW as part of a more general review of eHealth governance currently within Health Support Services

various medical and nursing workforce development functions will be transferred to the Health Education and Training Institute once established

management of the patient survey will transfer to the BHI. In restructuring the four Divisions, positions will be reviewed to identify opportunities for efficiencies such as in administrative support, and for more generic policy development roles across a broad subject range rather than basing positions on specific subject areas. 2.3 When will the changes happen? The timing will vary across Divisions and Units and will depend on the implementation of that part of the plan which affects your work area. Each Director will advise staff about the proposed new structure for their functional area. This will initiate a two week formal consultation period and opportunity to ask questions and raise issues. Following consultation and feedback, the Director will submit a proposal for approval by the Deputy Director-General and Director-General for approval. Implementation will commence after approval.

RESTRUCTURING AND DESIGN PRINCIPLES

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3. RESTRUCTURING AND DESIGN PRINCIPLES Following are the restructuring and design principles adopted by the design teams in developing the restructure proposals. 3.1 Restructuring Principles • Redeployment opportunities will be maximised. Wherever possible, staff should be directly redeployed to appropriate positions that exist in the new structure.

• Where practical and appropriate, staff who are not able to be directly redeployed will be afforded priority consideration for positions in new structures

• Where practicable, staff whose substantive duties involve the undertaking of functions which are to be transferred from one NSW Health entity to another will transfer with those functions. 3.2 Design Principles for the Ministry • Senior Executive Service staffing levels will not increase in designing the Divisional structures.

• Additional efficiencies are required over and above the transfers of functions identified by the governance review. Teams will need to examine further position deletions at a range of levels, including at senior executive, senior officer and other management levels.

• In identifying efficiencies the following should be considered:

• as outlined in the Governance Review Report, organisational design will build in a streamlined approach to policy development using generalists with the capacity and responsibility for a broad range of policy issues, and drawing in content experts as and when required.

• opportunities should be identified to rationalise the number of committees and advisory structures requiring Ministry support.

• designs should avoid duplication across Divisions or between the Ministry and other health entities, and be developed on the basis that resources will follow a transfer of functions from one Division to another or to another health entity.

• organisational designs should incorporate positions reflecting a reasonable range of grades, explore opportunities for flatter structures and ensure structures are not unduly weighted to higher grades.

RESTRUCTURING AND DESIGN PRINCIPLES

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• as a general guide, the budget of the Division being restructured, less the resources being transferred to another Division or health entity, provides a basis for designing the new Division.

• staffing for administrative and business operations support functions should not be included in organisational designs (as being managed through a separate review process). • once organisational structures have been approved by the Director-General redeployment or permanent recruitment to vacant positions created or retained in the new structures will proceed expeditiously.

HOW MIGHT I BE AFFECTED?

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4. HOW MIGHT I BE AFFECTED? 4.1 Will my position be affected? That will depend on your current position. The Governance Review has set down broad principles identifying where functions will be performed, either in the Ministry or another NSW Health entity. However, until further detailed planning occurs it is not possible to identify the effect on each position. Once the senior executive positions heading the Divisions are appointed, transition implementation teams led by each new Divisional head will commence work on establishing or restructuring the branches and units within each Division. This will include the Branch Director positions and the detailed structures and associated position descriptions for each Branch. The Policy Directive, PD2011_050 Restructuring Procedures will apply to the process. 4.2 I am an employee of the Ministry on secondment to another Agency. How will these changes affect my current approval? Nothing will change in the interim. However, you should be aware that secondments are at the discretion of the Ministry and subject to review based on operational needs. You should ensure that the Ministry has your current contact details. 4.3 I am currently seconded to the Ministry from another Agency. What is my status in the new structure? Secondments from other agencies are subject to review based on operational needs. Under the Ministry’s restructuring policy priority must be given to permanent employees of the Ministry during the transition process. After Ministry employees have been considered for positions there may be an opportunity for you to apply for vacant positions. Employees who are on secondment to the Ministry from the Health Service should also ascertain whether their Health Service position is affected by the outcome of the Governance Review. 4.4 I am a contractor, temporary employee (s27) or casual employee, what will happen to my job? Your manager will keep you informed at all stages of the process.

HOW MIGHT I BE AFFECTED?

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4.5 If a permanent employee in a substantive position transfers to Health Support Services, a Pillar or a Local Health District what happens if they are later seconded to the Ministry? A permanent Ministry employee who is transferred to Health Support Services, a Pillar or a Local Health District becomes a permanent employee of Health Share, the Pillar or Local Health District. If they are later seconded to a position in the Ministry they will continue to be an employee of Health Support Services, the Pillar or Local Health District and will be paid on those terms and conditions. 4.6 I will be on leave/commencing leave shortly, how do I make sure I am informed of changes that might affect me? You should ensure the Ministry has a current email address where you can be contacted and has your other contact details including a phone number where you can be reached during working hours.

RESTRUCTURING PROCEDURES

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5. RESTRUCTURING PROCEDURES 5.1 What will happen if my position is affected? In instances where a position has been simply renamed or moved to another Branch, unit or location it is not considered to be an affected position. 5.1.1 First stage In the first stage, where there are no (or only minor) changes to your position arising from the restructure, no change to its classification or grading and you are the substantive occupant, you may be directly appointed to the position (subject to satisfactory performance). More detail about this first stage of the process can be found in PD2011_050 Restructuring Procedures. 5.1.2 Second stage In the second stage, where there are more affected employees than positions within a grade or level, an internal merit assessment process will occur and Ministry staff affected by the restructure will be able to apply for, and have priority for, positions related to the restructured function. While it is anticipated that the majority of internal merit assessment processes will include an interview, the exact nature of the process will be determined by your manager to best fit the circumstances in your work area. They key requirement is that the process be based on merit, is transparent and the same for all affected staff. All employees in the affected unit who have the required skills and experience to fill a position in the new structure at their existing classification and grade will be considered. It is expected that all affected staff will participate in the process. More detail about this second stage of the process can be found in PD2011_050 Restructuring Procedures. While it is understood that some staff may have a personal preference for voluntary redundancy and may wish to make that known to their manager, voluntary redundancy will not be offered until after all options for placement into an alternative position have been exhausted and the employee has been declared excess.

RESTRUCTURING PROCEDURES

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5.1.3 Third stage In the third stage, if there are no excess or potentially excess employees who might be placed in the position/s, it may proceed to be filled on merit from a wider pool of potential candidates. More detail about this stage of the process can be found in PD2011_050 Restructuring Procedures. 5.2 What support is available to assist in my redeployment if my position is affected? If your position is affected your branch will work with Human Resources Operations to identify your redeployment options within Health and access to training and/or career transition support as required.

5.2 Will all functional areas be restructured at the same time? The timeline to complete the restructure of different functional areas will differ. Affected employees in the functional area being restructured have priority consideration for filling vacant positions at Stage 1 (Direct Appointments) and Stage 2 (Lateral Transfer -Appointments on Grade) of the restructuring process. For most staff their opportunities are within their functional area. Positions not filled at Stage 1 or Stage 2 of the restructuring process will be open at Stage 3 to either internal or external merit selection. All permanent employees are free to apply for and compete on merit for advertised positions 5.3 If an affected employee is directly appointed to a position in Stage 1 are they considered again in Stage 2 or Stage 3? An affected employee who is directly appointed to a position in Stage 1 has been placed in a permanent position. An employee placed in a position at Stage 1 may subsequently choose to apply for any advertised positions at Stage 3.

CONSULTATION, INFORMATION AND SUPPORT

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6. CONSULTATION 6.1 If I am affected how will I be consulted? Your manager will be your first point of contact and will be able to provide details about how your work area may be affected, and about the process and timeline for actions within your particular work area. The impact for your area may be minimal or it could be significant, so the management teams will require time to identify what positions and who might be affected. Managers are required to consult with all employees before any restructure in the area is finalised, in accordance with PD2011_050 Restructuring Procedures. 6.2 Will the union be consulted? The unions will be part of the consultation process and union members will be able to seek advice from their unions in relation to the outcome of the Governance Review. The PSA and NSW Nurses' Association are being kept up to date on the progress of the review. 7. INFORMATION AND SUPPORT 7.1 Where do I go to for more information? In the first instance, please approach your manager. You may also send questions via email to Workplace Relations at emprel@doh.health.nsw.gov.au. All employees should be aware that free, professional and confidential counselling services for staff and their immediate families is available from Converge International. Further information can be found on the intranet at: http://internal.health.nsw.gov.au/ecsd/cps/empass.html

MANAGING EXCESS EMPLOYEES

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8. MANAGING EXCESS EMPLOYEES 8.1 What happens if I am declared excess? A new policy regarding managing excess employees issued by the Department of Premier and Cabinet came into effect on 1 August 2011. The document can be found at: http://www.dpc.nsw.gov.au/__data/assets/pdf_file/0014/123521/MEE_2011_Policy.pdf However, there are some key points to note:

The policy applies to permanent employees of public service departments (including the Ministry of Health)

An employee is declared excess when they no longer have a substantive position. Please note, if you are affected by the restructure you only become an excess employee after all options for your placement into an alternative position have been exhausted. You are not necessarily an excess employee if your position is (or appears it may be) abolished.

If you become an excess employee you will be notified in writing and offered voluntary redundancy.

The employee may decline the offer of voluntary redundancy, choosing instead to pursue redeployment.

If the employee chooses to pursue redeployment they have three months in which to find another position. Please note that, excess officers are afforded priority consideration for other positions at their substantive grade.

If the employee is not redeployed at the conclusion of the three month retention period, they will be made redundant and receive a lesser payment than the voluntary redundancy package.

8.2 What will happen if I become an excess employee? The Ministry is committed to maximising redeployment opportunities for all staff wherever possible. If you cannot be directly redeployed you will be afforded priority consideration for other positions at your substantive grade within the new structures.

MANAGING EXCESS EMPLOYEES

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If you are affected by the restructure you only become an excess employee after all options for your placement into an alternative position have been exhausted. You are not necessarily an excess employee if your position is (or appears it may be) abolished. If you do become an excess employee you will receive a letter notifying you and advising you of your options, the next steps and who you are able to contact for advice and support. You will be managed in accordance with the Crown policy for Managing Excess Employees (D2011_007). 8.3 Will there be redundancies? There will be no general offer of voluntary redundancy. Reduction in the size of the Ministry is being achieved through a combination of staff transfers and job deletions, including positions which may currently be substantively vacant. This means some positions will become redundant. Staff in these positions will be managed in accordance with the Crown policy for Managing Excess Employees (D2011_007) which can be found at: http://www.dpc.nsw.gov.au/__data/assets/pdf_file/0014/123521/MEE_2011_Policy.pdf 8.4 Some employees think there will not be any redundancies in the Ministry arising out of the governance review. Is this the case? Some employees have understood the statement, "There will be no general offer of voluntary redundancy" to mean that no Ministry employees will be made redundant. This is not correct. It means there will be no general call for expressions of interest in redundancy. It is expected that some employees may become excess. An employee who is declared excess must receive an offer of voluntary redundancy. 8.5 Can I volunteer for a redundancy? No. There will be no call for volunteers for redundancy. Reduction in the size of the Ministry is being achieved through a combination of staff transfers and job deletions. This means some positions will become redundant. Staff in these positions will be managed in accordance with the Crown policy for Managing Excess Employees (D2011_007).

MANAGING EXCESS EMPLOYEES

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8.6 Does an employee who is declared excess in the Ministry have priority consideration for vacant positions within the Public Service? Yes. A Ministry employee who is declared excess has priority consideration for placement in vacant positions in the Ministry or Public Service before they are advertised. If an employee is declared excess they will be assisted in their attempts to secure another position and be given information about vacancies. 8.7 Does an employee who is declared excess in the Ministry have priority consideration for vacant positions in the Local Health Districts, Speciality Networks or Pillars? No. A Ministry employee who is declared excess has priority consideration for placement in vacant positions in the Ministry or Public Service. 8.8 If a position is re-classified to a lesser salary what are the options for an employee who does not wish to apply for a lower paid position? An employee is not required to accept a position at a lower grade or salary. If a position is reclassified to a lesser salary and the employee chooses not to apply for it, the Ministry will attempt to redeploy the employee to an alternative position at their current classification and grade. 8.9 If an employee in the Ministry (eg. at the maximum of the Grade 9/10 incremental scale) is formally declared excess and, as an excess employee, voluntarily accepts a position at a lower grade/salary (eg. at Grade 7/8), then at a later date is successful in winning a position at their previous higher grade can they return to their previous point on the incremental scale? Yes. Ministry employees can be appointed at their previous increment (eg. at the maximum Grade 10). 8.10 If an employee in the Ministry is formally declared excess and, as an excess employee, voluntarily accepts a permanent position at a lower grade, do they continue to have priority for placement in a position at their previous substantive grade? Yes. An excess employee who voluntarily accepts a lower graded/paid position continues to have priority consideration for vacant positions at their previous substantive grade within the Ministry.

STAFF TRANSFERRING

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9. STAFF TRANSFERRING LOCATION 9.1 If my position is being transferred from the Ministry of Health to another health entity will I have to relocate? Yes, if the transfer of your position involves a transfer to a new location you will need to relocate. 9.2 Do I have a right of appeal if I disagree with the decision to transfer my position? No. There is no right of appeal in regard to the transfer of positions. 9.3 What if I believe I cannot work at another location? If it is confirmed that your position is to transfer and you believe there are reasons why you cannot work at that location please raise these concerns early with your manager. Individual circumstances will be considered on their merits.

10. STAFF TRANSFERRING FROM THE CROWN EMPLOYEES (PUBLIC SERVICE CONDITIONS OF EMPLOYMENT) AWARD TO THE HEALTH MANAGERS (STATE) AWARD AND HEALTH EMPLOYEES' CONDITIONS OF EMPLOYMENT (STATE) AWARD 10.1 If my position is transferred from being covered by the Crown Employees (Public Service Conditions of Employment) Award to the Health Managers (State) Award will my conditions of employment change? Yes. The conditions of employment for non-clinical award staff in the NSW public health entities outside the Ministry of Health who are covered by the Health Managers (State) Award are set down in the Health Employees Conditions of Employment (State) Award, which can be found at: http://www.health.nsw.gov.au/resources/jobs/conditions/awards/pdf/hsu_he_conditions.pdf 10.2 Will my hours of work change? Yes. Employees covered by the Health Employees' Conditions of Employment (State) Award are required to work an average of 38 hours per week in each roster cycle, including one allocated day off (ADO) in each four week period. There are rostered start and finish times, arranged with your manager.

STAFF TRANSFERRING

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10.3 Will I be able to keep my current flextime conditions? No. Your hours of work are determined by the Health Employees’ Conditions of Employment (State) Award. Employees up to Health Manager Level 4 receive one allocated day off per four weekly work cycle and may bank up to three days. Employees at Health Manager Level 5 and above may take one allocated day off per month, in accordance with PD2005_549 Health Managers - Level 5 and above - approval for an allocated day off, which can be found at: http://www.health.nsw.gov.au/policies/pd/2005/pdf/PD2005_549.pdf 10.4 Will I be compensated for working the additional hours? Yes. If you transfer to a position covered by the Health Employees Conditions of Employment (State) Award you will receive an extra three hours pay, based on your current substantive rate of pay, to compensate for the three additional hours being worked. This will then become your personal salary. 10.5 Will I be able to keep my new personal salary? The personal salary arrangement will continue so long as you remain in the position you are in on transfer. If you apply for another position and are successful, you will receive the salary applicable to the new position. 10.6 Will future wage increases apply to my personal salary? Yes. Your personal salary will be adjusted with any future wage increases applying to employees covered by the Health Employees Conditions of Employment (State) Award. 10.7 Does personal salary include superannuation and leave loading? No. The personal salary figure is base salary. Superannuation and leave loading are paid in addition to your base salary.

STAFF TRANSFERRING

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10.8 What will my sick leave entitlement be? Your existing sick leave balance will be transferred. Your sick leave entitlement will be 10 days, cumulative, per annum. In addition, for so long as you occupy the position into which you transfer, you will be credited with an additional cumulative five days sick leave per annum, to be accessed in the event that you exhaust your regular sick leave balance. 10.9 Will my annual leave entitlement change? No. Your annual leave entitlement will not change and your annual leave balance will be transferred. 10.10 Will my long service leave entitlement change? No. Accrued long service leave balances will be transferred. For staff who have not yet accrued an entitlement to long service leave, service with the Ministry of Health will be recognised towards the future accrual of long service leave in the NSW Health Service. 10.11 How will leave loading be managed? Leave loading balances will be transferred. 10.12 Will leave balances be transferred in days or hours? Leave balances will be transferred as days. 10.13 Will staff be allowed to have leave paid out if they wish? Yes. An employee can elect to have all or part of their recreation leave and/or long service leave paid out at their current rate or to transfer the leave. 10.14 Will I be able to continue in my current superannuation scheme? Yes. All staff will continue in their current superannuation scheme. There will be no changes to employer contributions.

STAFF TRANSFERRING

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10.15 Will my service in the Ministry be recognised? Yes. For all purposes where length of service is taken into account, staff who are transferred from the Ministry of Health to an entity in the NSW Health Service will have their service in the Ministry of Health recognised, as well as previous continuous public sector service. 10.16 Will the maternity leave provisions change? No. The maternity leave provisions are the same and your service contributing to the required 40 weeks will be recognised. PD2006_053 Maternity, Adoption and Parental Leave applies. 10.17 Is parental leave available? Yes. Parental Leave of up to 52 weeks (including 1 week paid) is available. PD2006_053 Maternity, Adoption and Parental Leave applies. 10.18 What FACS and Carer's Leave policy will apply? PD 2007_031 Family and Community Services Leave and Personal/Carer's Leave applies. Employees' entitlements based on length of service will remain unchanged. 10.19 How does the allocated day off ('ADO') work? To achieve the ADO employees work an 8 hour day on 19 days in the four week cycle. In a similar way to how hours are accrued to enable a flex day to be taken under flextime rules, the hours to be taken as the ADO are required to be accrued over the 19 days before the ADO is taken. 10.20 How is the allocated day off arranged? The allocated day off is arranged with your manager, taking into account business and personal needs. 10.21 What happens to accrued flexitime and banked days? Accrued banked days will be paid out to the staff member on transfer. Staff should, however, endeavour to use their accrued banked days prior to transfer where possible.

STAFF TRANSFERRING

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It is expected that staff will be able to use accrued flexitime prior to transfer given the length of notice of the transfer date and the shorter flexitime period of six weeks. 10.22 How will the translation of current grading to the Health Manager levels work? Each employee's current annual salary will be aligned to a grading and salary level in the Health Managers (State) Award and then be increased to account for the additional three hours worked per week. This will become their personal salary. Positions will be neither upgraded nor downgraded. 10.23 Is the 'salary adjustment' a change in the rate of pay per hour or for the additional hours worked? Salaries are adjusted for the additional three hours worked per week. 10.24 Is it possible for staff to be accelerated to the maximum increment or pay in their grade prior to transfer? No. Staff will transfer at their substantive grade and point in the pay scale and receive a personal salary adjustment in relation to that pay. 10.25 When is an employee deemed to no longer occupy the position they were in on transfer? An employee is deemed to no longer occupy the position they were in on transfer when they apply for and win another position, or if they are declared excess. 10.26 Will the personal salary be maintained in the instance where, as a consequence of a restructure, the employee accepts a position at a lower grade offered as part of the restructure? Yes. The personal salary will be maintained for the salary maintenance period. 10.27 What happens to the personal salary and additional five days sick leave in the event of a restructure? Personal salary and the additional five days sick leave will be maintained in the event of a restructure, unless the restructure results in a promotion.

STAFF TRANSFERRING

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10.28 How long is the lunch break? The Health Employees' Conditions of Employment (State) Award provides for a lunch break of between 30 and 60 minutes. 10.29 When is overtime payable? Overtime is payable up to Health Manager Level 4 for all time worked outside the ordinary hours. 10.30 Can staff choose to be paid overtime or to receive time in lieu? Yes. Up to Health Manager Level 4, overtime may be paid or taken as time in lieu. 10.31 What does time off in lieu 'hour for hour' mean? In accordance with the Health Employees' Conditions of Employment (State) Award overtime taken as time off is taken at the ordinary time rate, that is, one hour off for each hour of overtime worked. 10.32 Is an On Call allowance paid? Yes. Health Managers up to level 4 who are required to be on call are entitled to receive an on call allowance. 10.33 Are there separate awards for Health Manager levels 1-4 and Health Manager levels 5-6? No. There is only one Health Managers Award and associated Health Employees Conditions of Employment Award. 10.34 What are the conditions for Health Managers Level 5 and 6? The conditions for Health Managers Level 5 and 6 are the same as for Health Managers Levels 1 to 4, with the exception of overtime and on call; and allocated days off are subject to PD2005_549 Health Managers - Level 5 and above - approval for an allocated day off. 10.35 If an employee in a clerical position with incremental progression is transferred do they continue to progress through the incremental scale? No. The Health Managers (State) Award does not include incremental progression.

STAFF TRANSFERRING

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10.36 If I am in a position which is to be transferred can I apply for another position in the meantime? As you would do before the Governance Review was announced, prior to your transfer you may apply for and compete on merit for any position across the Ministry which is advertised to be filled. After the transfer you may apply and compete on merit for positions that are advertised across NSW Health and also for positions advertised externally. 10.37 Can employees under Health Services Awards apply for permanent positions advertised internally in the Ministry of Health? No. However, such employees are able to apply for positions that are advertised across NSW Health and positions which are advertised externally. 10.38 Will vacant positions in a function which will transfer be filled while the Governance Review is in progress? Subject to the existing staff freeze, where it is possible and sensible, positions may be recruited to/filled prior to transfer. 10.39 Will my union coverage change if I am transferred to an entity in the Health System? Employees outside the Ministry of Health are not covered by the Public Service Association. Non clinical employees in the other health system entities are covered by the Health Services Union East. 10.40 Will the Christmas Eve concessional leave be available at HealthShare? No. The concessional leave available to eligible public service employees on Christmas or New Year's Eve is available only to public service Departments. 10.41 Will the Public Service holiday be available? The 'public service holiday' will not be available but, in a similar fashion, employees covered by the Health Employees' Conditions of Employment (State) Award are entitled to an extra public holiday each year in addition to the gazetted public holidays, on a day during the Christmas-New Year period, agreed between the employer and the union.