We don’t think we are over stating facts when we say that it’s been one hell of a year and for many, the upcoming summer break is a well needed salve allowing us all to refill our cup and prepare for 2022. Christmas, Boxing Day, Proclamation Day and New Year’s Day drop on a weekend so we’ve taken the confusion out of it all for you and have a lovely chart that summarises all of the gazetted public holidays so you know how to apply rates if you are open so you don’t stress out and eat all the plum pudding. You’re welcome!
Key Christmas holidays by State or Territory
NEW YEAR’S DAY / AUSTRALIA DAY
Who gets paid what?
How do you work out if your full time or part time employees should be paid for a public holiday? This is an area which often causes confusion so here’s the answer:
If your full or part time employee usually works on a day that is deemed a Public Holiday, it is categorised as a paid day without working.
If the public holiday falls on a day that an employee is not normally rostered to work, you don’t need to do anything.
For example, your part time recruitment specialist works Monday and Tuesday every week in Victoria. You will need to pay her for normal rates for both the 27th and 28th December, as well as the 3rd January. These days are not deducted from her annual leave balance as they are gazetted public holidays. You do not need to pay her for 26th January as it is a Wednesday and she does not usually work on Wednesdays.
Important note – if you have a part time employee who usually works Monday and Tuesday, you can’t ‘swap the days’ and roster the person to work Thursday and Friday instead. The employee is entitled to be paid for these days and not work. If you require the employee to work on the actual days, then penalty rates apply. If you request them to work two days later in the week, they are still entitled to be paid their normal rate for the Monday and Tuesday, and then the applicable rate for the additional days based on your award. Some awards require overtime rates to apply for days worked that are in additional to the contracted usual hours, so check your contract and your award!
If you are still unsure as to how to apply your respective Award or EBA, contact the HR Staff n’ Stuff team for advice.
The HR Staff n' Stuff team all contribute to our blogs. Enjoy the read!