There should be a clause in the EBA where if you work the night before Christmas and New Years eve, and give notice for intention to not be on, they can not unreasonable refuse it, think it's something about required staffing levels I think.
Had to work Christmas Eve and New Years eve last year...No penalty rates either
Was alright since the Duty Manager bought us all pizza!
Anyway, managed to burn my CSM in front of customers today. Happened to work my first day shift in about a year, then she asks 'It's a lot more busy in the day isn't it?', replied 'Not really when you roster one operator from 7pm!' Don't think she was impressed, guess I won't be seeing her face for another few months again
There is clause 7.14 which is close. Doesn't guarantee the time, and it's only after a certain time, but it ensures they try to at least.
Work after 6.00pm on the Thursday Eve before Good Friday, Christmas Eve and
New Year's Eve, will be subject to the following provision:
7.14.1 Within the reasonable requirements of staffing levels for a store, requests
by full-time or part-time employees to not be rostered to work during the
above times and days shall not be unreasonably refused. Provided that
where the Company is unable to obtain sufficient volunteers to work, the
Company will, subject to the Act, retain the right to direct the working of
the employee's normal roster.
7.14.2 Employees need to advise the Company at least 4 weeks prior to the
Thursday Eve before Good Friday, Christmas Eve and New Year's Eve
that they do not wish to work at that time or day.
7.14.3 The Company will seek volunteers at least 14 days in advance to finalise
the rostering needs and advise employees at least 7 days prior.
7.14.4 Where an employee's request is granted the hours shall be subject to the
normal make up time provision of subclause 4.10.