Traditionally over the Christmas and New Year Period your Association receives a number of Member enquiries nationally regarding the days that are observed as Public Holidays and entitlements relating to Casual Employees.
PUBLIC HOLIDAYS - December 2012 / January 2013
Christmas & Boxing Day are observed on Tuesday 25th and Wednesday 26th December 2012 respectively.
New Years Day is observed on Tuesday 1st January 2013.
Australia Day is observed on Monday 28th January 2013 (being substituted for Saturday 26th January).
PUBLIC HOLIDAYS - 2013
CLICK HERE for information on 2013 public holidays which are generally observed in each State and Territory of Australia.
(Source of information: Fair Work Ombudsman)
FULLTIME & PART TIME EMPLOYEES
Simply stated, Fulltime or Part Time employees performing work on a public holiday must be paid double time or ordinary time plus the equivalent day off in lieu as mutually agreed. Furthermore, for Fulltime or Part Time employees normally rostered on a public holiday they are entitled to time off without loss of wages.
Casual Employees are not entitled to public holidays. All work performed by a casual employee on a public holiday is at their normal Casual rate of pay in accordance with the Horse & Greyhound Training Award 2010 (HGTA).
The ATA has sought and received correspondence from Fair Work Australia (FWA) that states “FWA are of the view that a casual employee working on a public holiday is excluded from the penalty rates provided at clause 26.3 of the Training Award. FWA note that this is consistent with the operation under the key pre-modern award in the industry, the Horse Training Industry Award 1999 [AP783476]”.
PAYMENT OF WAGES & PUBLIC HOLIDAYS
In the event that a pay period ends on or before a public holiday an Employer is required to ensure that Employees receive payment of wages at least (1) day prior.
The ATA’s Industrial Relations Manager - Wayne Lee, is contactable on (03) 9372 1688 or email email@example.com should Members’ require further assistance.
On behalf of the Executive, Management and Team from the Australian Trainers Association we extend our best wishes to Members for the festive season and a safe, happy and prosperous 2013.