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.
PUBLIC HOLIDAYS - December 2015 / January 2016
Christmas Day is observed on Friday 25 December
Boxing Day is observed on Saturday 26 December 2015 & an Additional day for Boxing Day is observed on Monday 28 December 2015 for the following: ACT, NSW, QLD, VIC & WA
Substitute day for Boxing Day is observed on Monday 28 December 2015 for the following: NT, SA & TAS (Saturday 26 December is not considered a public holiday in these states and territories)
New Years Day is observed on Friday 1 January 2016.
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 penalty rates on 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 Ombudsman (FWO), that states “FWO 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. FWO 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 is contactable on (03) 9372 1688 or email mailto:firstname.lastname@example.org should Members require further assistance.