Members who employ staff under the Hospitality Industry (General) Award 2010 (HIGA 2010) are reminded of the forthcoming public holiday and arrangements under that award.

The forthcoming award public holidays are:

Note: Easter Sunday continues to be a public holiday meaning that there are again four days of public holidays over Easter 2017.

The HIGA provides the following arrangements for the public holidays listed above:

Rates where employees are required to work on such holiday:

1. Full-time and regular part-time employees who work on this day shall be reimbursed as follows:
   1. Double Time and a Half (250%) (clause 32.1) for all the time worked (with a minimum of four hours at Double Time and a Half; or
   2. By agreement, (clause 32.2 (b)) employees may work at ordinary rates plus Half Time (150%) and;
      1. have equivalent paid time added to their annual leave, or
      2. receive an additional day off in lieu of such public holiday during the same week, provided that such holiday may be allowed to the employee within 28 days after the holiday falls due.
2. Employees who are paid an ANNUALISED SALARY (per clause 27.1 of the Award) and who work on this day are entitled to paid time off that is equal to the time worked on the public holiday or the equal length of time to be added to their annual leave entitlement (clause 27.1 (d)).
3. Casual employees who work on this day shall be reimbursed at the rate of Double Time and Three Quarters (275%) of a Full-Time employee’s ordinary hourly rate for the same classification with a minimum of two hours at this rate (clause 32.1).

Rates of pay where employees are not required to work on such a holiday:

1. If a Full-Time employee, a regular Part-Time employee (who normally works on the day of the week of the public holiday) or an employee who is paid and ANNUALISED SALARY (per clause 27 of the Award) is not required to work on the above holiday, such employee is entitled to take such a day as a holiday without loss of pay (clause 56 under NES),
2. Casuals and Regular Part-Time employees (who do not normally work on the day of the week of the public holiday) do not receive any payment or other entitlements if they are not required to work on this holiday (clause 56 under NES).

Rostered day off coinciding with the above holiday:

A Full-Time employee (nor a Regular Part-Time employee) whose rostered day off falls on a public holiday must (clause 37.1):

• be paid an extra day’s pay;
• or be provided with an alternative day off within 28 days,
• or receive an additional day’s annual leave

Rates of pay where managers are required to work on such a holiday:

1. Managers who are paid under the Base Annual Salary provisions of this Award (clause 27.2(a)), and who work on this day must be paid at the rate of Double Time and a Half (250%) with a minimum payment at such rate for four hours worked.
2. Managers employed under the Salaries Absorption provisions of such Award (clause 27.2(a)) shall be entitled to paid time off that is of equal length to the time worked on the public holiday. This time must be taken within 28 days of accruing it (clause 27.2(d)).

Rates of pay where managers are not required to work on such holiday:
All managers under this Award (whether they are paid under the Base Annual Salary provisions of this Award or under the Salary Absorption provisions of this Award) who are not required to work on the above holiday will be entitled to take such day as a holiday without loss of pay.

Managers Rostered day off coinciding with the above holiday:
1. Managers who are paid under the Base Annual Salary provisions of this Award (clause 27.2(a)) are entitled to an additional day’s salary or another day off if their Rostered Day Off falls on this holiday,
2. Managers employed under the Salaries Absorption provisions of such Award (clause 27.2(a)) are not entitled to an additional day’s salary or another day on lieu if their Rostered Day off falls on this holiday.

PLEASE NOTE:

Members are reminded that under the current legislation, if an employer requests an employee to work on a Public Holiday, the employee can refuse to work on reasonable grounds such as family responsibilities. It is unlawful for an employer to dismiss or otherwise prejudice an employee because he or she refuses to work on a Public Holiday.

Employees working under a certified or enterprise agreement are subject to the public holidays within that particular agreement.

Members wishing to discuss these public holidays should contact the AHA (Vic) on 03 9654 7100.

Regards,

John Sweetman
Workplace Relations Advisor