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

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

Rates where employees are required to work on such holiday:

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

Rostered day off coinciding with the above holiday:

A Full-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 Quarter (225%) with a minimum payment at such rate for four hours worked.

2. Managers employed under the Salaries Absorption provisions of the 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:

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.

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.

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.

Best regards,

John Sweetman
Workplace Relations Advisor