Members are advised of upcoming Public Holidays in NOVEMBER and DECEMBER 2015, listed as follows -
NOVEMBER
Monday 2 November - RECREATION DAY
Tasmania
Tuesday 3 November - MELBOURNE CUP
VIC
All of Victoria is entitled to Melbourne Cup public holiday unless a different local holiday has been declared for non-metropolitan areas. For more information on public holidays in Victoria (eg. regional holidays), visit Business Victoria on call 13 22 15.
DECEMBER
Thursday 24 December - CHRISTMAS DAY EVE (7pm - Midnight)
SA only
Friday 25 December - CHRISTMAS DAY
All States & Territories
Saturday 26 December - BOXING DAY / PROCLAMATION DAY
ACT, NSW, QLD, VIC & WA
Monday 28 December
Additional Day for Boxing Day - ACT, NSW, QLD, VIC & WA
Substitute for Boxing Day - NT, SA & TAS
Thursday 31 December - New Years Eve (7pm - Midnight)
SA only
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
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), 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.
WORKING OUTSIDE YOUR STATE ON A PUBLIC HOLIDAY
An employee is entitled to public holidays depending on where they are based for work not where they are working on the day of the public holiday.
The ATA’s Industrial Relations Manager, is contactable on (03) 9372 1688 or email mailto:ata@austrainers.com.au should Members require further assistance.
Disclaimer Notice
The information provided above is of a general nature based upon a range of similar enquires received from Members of the Australian Trainers’ Association (ATA) or related matters involving the Horse and Greyhound Training Award 2010 (HGTA). The information is of a general nature only and therefore may not take into consideration pertinent facts or details that may influence any course of action, and does not constitute the giving of advice including without limitation, legal or qualified advice. ATA Members’ may contact the ATA Head Office for further assistance if required. The Disclaimer Notice is to be read in addition to Terms of Use for the ATA Website.
