Member enquiries about Public Holidays in general, the days that are observed as Public Holidays, and in particular the entitlements relating to Casual Employees are the most common received in relation to the Christmas and New Year Period.
A brief summary of information is provided below that we trust you will find useful with regard to these enquiries. The ATA’s Industrial Relations Manager is contactable on (03) 9372 1688 should Members require further assistance.
PUBLIC HOLIDAYS - December 2014 / January 2015
Christmas & Boxing Day are observed on Thursday 25th and Friday 26th December 2014 respectively.
New Years Day is observed on Thursday 1st January 2015.
Australia Day is observed on Monday 26th January 2015.
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. Please also note that Fulltime or Part Time employees normally rostered on a public holiday 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 previously received correspondence from Fair Work Australia (FWA), now known as Fair Work Commission, 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.