Madeleine Harradence, Assistant Secretary of ANMF (Vic Branch)
There are no substantiative changes to the way in which daylight savings and public holidays operate under the newly approved Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020–2024 (‘the Agreement’).
If you do not work in the public sector, then you should check your enterprise agreement for the specific clauses.
When does daylight savings end?
Daylight savings will end on Sunday 3 April at 0300. This means that at this time the clocks are wound backwards one hour to 0200 local standard time.
I am working nightshift on Saturday 2 April. What does this mean for my pay?
You must be paid for the actual hours worked at your ordinary rate of pay.
Example for a standard 10-hour night shift:
The Employee therefore works 11 hours. The Employee is paid 11 hours at their ordinary time rate of pay (including any shift penalties or allowances ordinarily payable in respect of this shift). No overtime is paid for the additional hour worked.
What are the public holidays for 2022?
- New Year’s Day, Australia Day, Christmas Day and Boxing Day; and
- Good Friday, the Saturday immediately before Easter Sunday (Easter Saturday), Easter Monday, Anzac Day, Queen’s Birthday and Labour Day; and
- Melbourne Cup Day, or in lieu of Melbourne Cup Day, some other day as determined under Victorian law for a particular locality; and
- any additional public holiday declared or prescribed in Victoria such as Easter Sunday and the Grand Final eve public holiday.
What are the penalty payments for working a public holiday?
All employees (aside from casuals) are to be paid:
200% for time worked on a public holiday that falls on a Monday–Friday
250% for time worked on a public holiday on a Saturday or Sunday
You can work this out by multiplying your hourly rate x2 for a weekday public holiday. And multiplying your hourly rate x2.5 for a weekend public holiday.
For casual employees the penalties are as follows:
250% for time worked on a public holiday Monday to Friday; or
312.5% for time worked on a public holiday on a Saturday or Sunday
The above weekend public holiday rates include the weekend shift penalty.
What happens if one of the above public holidays falls on a weekend, and a substitute public holiday is declared?
If you are a weekend worker or casual employee, then the above penalty payments apply for time worked on the “Actual Day” in (a), (b) or (c) above and the substitute public holiday does not apply.
If you are not a weekend worker, or a casual, then the substitute public holiday applies.
I’m a full-time worker. What happens if I’m on a day off on a public holiday?
You are entitled to the day off, with pay.
I’m a part-timer who works both weekdays and weekends, but I’m not working on a public holiday. What should I get paid?
If your unit is closed because of the public holiday, you are entitled to the day off, with pay.
If the public holiday falls on your day off, you are entitled to the pro-rata payment equivalent of a full-time employee. This is calculated by determining what fraction of 38 hours you usually work (let’s say 0.8 EFT) and multiplying a day’s pay by 0.8. If you normally work an 8-hour shift, .8 of an 8-hour shift is 6.4 hours. So you would receive 6.4 hours pay even though it was your day off.
What if I’m recalled to duty?
If you are recalled to duty, all payment for that recall is in addition to any ‘rostered off’ public holiday benefit.
If the public holiday falls on a weekend but I’m a part-timer who only works Monday–Friday, do I receive any penalties?
No, you will not receive penalties for the weekend public holiday, however if an additional or substitute day is declared on a weekday, then you will receive the public holiday rostered on/rostered off on that day.
What about if I work either the actual public holiday or the declared ‘Other day’?
You are not eligible for penalties for both the actual public holiday and the substitute public holiday.
If, for example, there were public holidays falling on both Saturday and Sunday, and substitute days were declared for Monday and Tuesday, weekend workers and casual employees would get the public holiday benefit for the Saturday and Sunday, and those who don’t work weekends would get the public holiday benefit for the Monday and Tuesday.
