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 for the whole of Victoria are:
|Melbourne Cup*||Tuesday 6 November|
|Christmas day||Tuesday 25 December|
|Boxing Day||Wednesday 26 December|
|New Years Day||Tuesday 1 January|
|Australia Day||Monday 28 January (26 January is on a Saturday and Monday is the substitute public holiday)|
|Labour Day||Monday 11 March|
|Good Friday||Friday 19 April|
|Easter Saturday||Saturday 20 April|
|Easter Sunday||Sunday 21 April|
|Easter Monday||Monday 22 April|
|ANZAC Day||Thursday 25 April|
|Queen’s Birthday||Monday 10 June|
|AFL Grand Final Day||To be advised|
|Melbourne Cup*||Tuesday 5 November|
|Christmas Day||Wednesday 25 December|
|Boxing Day||Thursday 26 December|
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:
b. By agreement, (clause 32.2 (b)) employees may work at ordinary rates plus a Quarter Time (125%) and;
ii. 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 a Half (250%) 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 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 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 in lieu if their Rostered Day off falls on this holiday.
Members are reminded that under the 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.
*Please note that some regional areas have an alternative arrangement for the Melbourne Cup public holiday and as previously advised to members.
Workplace Relations Advisor