Ask Paul: daylight savings and public holidays – penalty rates

With the upcoming end of daylight savings, followed by Easter, what are the pay and penalty rate rules for working those days?

Daylight Savings

When does daylight savings end?

Daylight savings will end on Sunday 2 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 1 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.

Public Holidays

What are the remaining public holidays for 2023?

• Labour Day (Monday 13 March)
• Good Friday, the Saturday before Easter Sunday, Easter Sunday and Easter Monday (Friday 7 April–Monday 10 April 2023)
• Anzac Day (Tuesday 25 April 2023)
• King’s Birthday (Monday 12 June 2023)
• Friday before the AFL Grand Final, subject to the AFL schedule
• Melbourne Cup Day (Tuesday 7 November 2023), or in lieu of Melbourne Cup Day, some other day as determined under Victorian law for a particular locality
• Christmas Day and Boxing Day (Monday 25 December–Tuesday 26 December 2023)

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 fall 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 work in public mental health and I’m rostered on night shift on Thursday 6 April and/or Monday 10 April. Is it different for me?

Yes. If you work night shift on Thursday 6 April , you must be paid public holiday rates for the entire shift.

If you work night shift on Monday 10 April, you will only be paid public holiday rates for the hours worked on the public holiday i.e. commencement of shift until midnight.

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.