Christmas is coming, the sun is shining and the industry is getting ready for the busy season.  With the Christmas period comes the need to review the public holiday rates in the fuel wholesale and retail industries, which is the focus of this week’s HR Highlight.

Where Christmas Eve or New Years Eve has been declared a public holiday, the holiday rates and treatment will apply from 7 pm until midnight.

See the following links for more on public holidays in each State:
QLD [https://www.qld.gov.au/recreation/travel/holidays/public],
NSW [http://www.industrialrelations.nsw.gov.au/oirwww/NSW_public_holidays/NSW_Public_Holidays.page],
ACT [http://www.cmd.act.gov.au/communication/holidays],
VIC [http://www.business.vic.gov.au/victorian-public-holidays-and-daylight-saving/victorian-public-holidays],
TAS [http://worksafe.tas.gov.au/laws/public_holidays/public_holidays_2017],
SA [https://www.safework.sa.gov.au/show_page.jsp?id=2483],
WA [http://www.commerce.wa.gov.au/labour-relations/public-holidays-western-australia],
NT [https://nt.gov.au/employ/for-employees-in-nt/nt-public-holidays

Public holidays in the Retail Fuel Industry

When a full-time or part-time employee works a public holiday they have to be paid for the public holiday PLUS paid a premium or penalty for working on what should have been a day off for them.

It is important to review the Modern Award, or employment instrument that the employee is engaged under to determine the rates and minimum hours to be offered.

For a detailed review of the operation of Public Holidays in the industry, including worked examples, please see http://acapmag.com.au/home/2016/01/public-holidays-at-service-stations-back-to-basics/.

Basics: Public holiday rates – time worked PLUS

When a full-time or part-time employee works a public holiday, they have to be paid for the public holiday PLUS paid a premium or penalty for working on what should have been a day off for them.

When calculating and communicating pay rates to staff there can be some confusion.  This is compounded by the special treatment of Christmas Day and Boxing Day in most modern awards.  It is important to review the Award, or employment instrument that the employee is engaged under, to determine the rates and minimum hours to be offered.

Basics: Employment instruments

Public holidays are broadly provided for under the National Employment Standards, but it is important to review the Modern Award or employment instrument that the employee is engaged under to determine special treatment for some days and the rates and minimum hours to be offered.  ACAPMA Members are reminded that ACAPMA can provide advice and support on the operation of public holidays in the industry as well as resources on the calculation and application of public holiday rates.

Basics: Not working on a public holiday

If an employee, whether they are permanent or casual, is not usually scheduled to work on a designated public holiday, they are not entitled to public holiday pay or time in lieu as there is no loss on their part.

So if an employee usually works Monday to Friday and the public holiday falls on a Saturday, there is no change to the employees week or wage.  Similarly, if the employee usually works Wednesday to Sunday and the public holiday falls on a Monday, there is no change to the employees week or wage.

Basics: Substitute days

Employers can discuss with their employees to arrange to substitute a public holiday for another day which the employee can take as their designated public holiday.

Basics: Regional holidays

It is also important to note that regional public holidays may apply in a business area of operations and will be treated as a public holiday if applicable.  For a list of regional public holidays, please click here.

Here to Help

Through the Christmas period and indeed all year round, ACAPMA members can access resources and can call for the advice and support of the ACAPMA Employment Professionals on 1300 160 270 or you can email employment@acapma.com.au.

 

HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice,and you should seek further advice on your situation by calling 1300 160 270 and speaking to one of ACAPMA Employment Professionals its free for members. ACAPMA membership is affordable at only $880 per year for a single site and valuable with sites gaining HR advice support and representation as well as a raft of other benefits and discounts. Click here to apply for ACAPMA membership.