Bulletin 29: Melbourne Cup Public Holiday Tuesday 7 November 2017

All of Victoria is entitled to the Melbourne Cup public holiday unless an alternate local holiday has been arranged by non-metropolitan municipality. The Victorian Government have recently updated the non-metropolitan and alternate race day public holiday schedule as detailed below.

Members are reminded of the above forthcoming public holiday.

The Hospitality Industry (General) Award 2010 provides the following arrangements for the holiday 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:

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 of equal length to time worked on the public holiday or the equal length of time worked to be added to their annual leave entitlement (clause 27.1 (d)).

3. Casual employees who work on this day shall be reimbursed at a rate of Double Time and a Half (250%) (clause 32.1) of a Full-Time employee’s ordinary hourly rate for the same classification with a minimum of two hours at this rate.

Rates of pay where employees are not required to work on such 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 an ANNUALISED SALARY (per clause 27.1 of the Award) who is not required to work on the public holiday, such employee is entitled to take such 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 (not a Regular Part-Time employee) whose rostered day off falls on a public holiday (clause 37.1(b)) must:

• be paid an extras day pay; or
• be provided with an alternative day off within 28 days, or
• receive and 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 Quarter (225%) 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 is to be taken within 28 days of accruing it (clause 27.2(d)).

Rates of pay where managers are not required to work on such a 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.

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 in lieu 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 in lieu if their Rostered Day off falls on this holiday.

Employees working under a Collective or Enterprise Agreements are subject to the Public Holidays conditions within that particular agreement.

Please Note: All of Victoria is entitled to the Melbourne Cup public holiday unless an alternate local holiday has been arranged by non-metropolitan municipality, as listed below.

Non-Metropolitan public holidays are declared in accordance with the Public Holidays Act 1993 and details are published throughout the year. These dates were current as at the date of this publication.

Regards,

John Sweetman
Workplace Relations Advisor