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 - Wayne Lee, is contactable on (03) 9372 1688 or email ata@austrainers.com.au should Members require further assistance.
PUBLIC HOLIDAYS - December 2013 / January 2014
Christmas & Boxing Day are observed on Wednesday 25th and Thursday 26th December 2013 respectively.
New Years Day is observed on Wednesday 1st January 2014.
Australia Day is observed on Monday 27th January 2014. (being substituted for Sunday 26th January).
PUBLIC HOLIDAYS - 2014
CLICK HERE for information on 2014 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. 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.
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.
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.
