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. The ATA’s Industrial Relations Manager - Wayne Lee, is contactable on (03) 9372 1688 or email ata@austrainers.com.au should Members’ require further assistance.

PUBLIC HOLIDAYS

The grid below simply shows how Christmas, Boxing, New Years and Australia Day are observed. In short Christmas & Boxing Day are observed on Mon 26th & Tue 27th December 2011. New Years Day is observed on Monday 2nd January 2012. Importantly, in some states Christmas Day and New Years Day are observed twice; that being on the calendar Sunday and also on another week day.

DAY
VIC
NSW
QLD
SA
WA
TAS
NT
ACT
Christmas
27-Dec
25 & 26 Dec
25 & 27 Dec
25 & 26 Dec
25 & 26 Dec
25 & 27 Dec
25 & 26 Dec
25 & 26 Dec
Boxing
26-Dec
27-Dec
26-Dec
27-Dec
27-Dec
26-Dec
27-Dec
27-Dec
New Year
1 & 2 Jan
1 & 2 Jan
1 & 2 Jan
1 & 2 Jan
1 & 2 Jan
2-Jan
1 & 2 Jan
1 & 2 Jan
Australia
26-Jan
26-Jan
26-Jan
26-Jan
26-Jan
26-Jan
26-Jan
26-Jan
(Source of information: Fair Work Australia)

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

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.

On behalf of the Executive, Management and Team from the Australian Trainers Association we extend our best wishes for the festive season and a safe and prosperous 2012.