Victorians have a new Public Holiday and with the festive season just around the corner it is time to review the requirements for pay on a public holiday, and start planning your rosters now. This weeks HR Highlight will again explore the requirements for processing public holidays in the industry.
AFL Public Holiday for Victoria
In late August Victoria gazetted a new public holiday for the AFL Grand Final. This State public holiday will apply to all Victorian workers. This year the holiday falls on Friday 2nd of October.
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: Working on a public holiday
When a full- 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.
Similarly casuals are entitled to receive the public holiday rates when working a public holiday.
Basics: Not working on a public holiday
In the event that 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.
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.
It is also important to note that Regional Public Holidays may apply in a businesses area of operations and will be treated as public holidays if applicable. For a list of Regional Holidays please click here.
|Public Holiday||Date||Applies to State – note |
(exceptions/notations in brackets)
|Queen’s Birthday||Monday 28 September 2015||(WA local areas may gazette alternate dates)|
|Family & Community Day||Monday 28 September 2015||ACT|
|AFL Grand Final||Friday 2 October 2015||VIC|
|Labour Day||Monday 5 October 2015||ACT, NSW, QLD, SA|
|Melbourne Cup||Tuesday 3 November 2015||VIC|
|Christmas Eve||Thursday 24 December 2015||(SA – part day holiday 7pm-12 midnight)|
|Christmas Day||Friday 25 December 2015||ACT, NSW, NT, QLD, SA, TAS, VIC, WA|
|Boxing Day||Saturday 26 December 2015||NSW, QLD, VIC, (WA – either this or the alternate depending on the Award or Agreement)|
|Monday 28 December 2015||ACT, NSW, NT, QLD, SA, TAS, VIC, (WA – either this or the standard depending on the Award Agreement)|
|New Year’s Day||Thursday 31 December 2015||(SA – part day holiday 7pm-12 midnight)|
Here to Help
Through the festive season ACAPMA’s Employment Department is available to assist members on 1300 160 270 or you can email email@example.com.
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 $770 per year for a single site, which represents great value with sites gaining HR advice support and representation as well as a raft of other benefits and discounts. Learn more about ACAPMA membership by emailing firstname.lastname@example.org .