2018 Christmas, New Year and Australia Day
Christmas Day Tuesday 25 December 2018
Boxing Day Wednesday 26 December 2018
New Year’s Day Tuesday 1 January 2019
Australia Day Saturday 26 January 2019
*Substitute day for Australia Day Monday 28 January 2019
General principles for payment – working on the public holiday
Full-time, part-time, registered nurses, enrolled nurses, midwives, and mental health nurses who are required work on the public holiday will receive double time for each hour worked.
Casual employees are usually entitled to double the casual rate for time worked on a public holiday Monday to Friday (125 per cent + 125 per cent = 250 per cent).
Private and aged care employees need to check their current agreements. Some casuals in the aged care sector are only entitled to 175 per cent for public holidays.
General principles for payment – not working on the public holiday
Whether you are full-time or part-time and would normally work the day that the public holiday falls, but are not required to work, you are entitled to the day off on ordinary pay for that day.
Full-time employees who are rostered off on the public holiday receive a day’s ordinary pay for that day. The same applies to part-time nurses and midwives, but on a pro-rata basis: For example:
Average hours (preceding six months) X shift length = Base payment X penalty = Payment
24 (0.63) X 8 hours = 5.05 hours X Time = 5.05 hours
Part-time private acute registered nurses, ENs and midwives should check current workplace agreements as the entitlements may differ. Generally if a part-time employee has worked 50 per cent of the day of the week on which the public holiday falls, over the preceding 26 weeks, they would be entitled to their normal ordinary hours for that day.
Private aged care employees should check their current workplace agreements.
Will I be paid public holiday penalty rates for working both the actual public holiday and the substitute day?
No, you are not entitled to be paid public holiday penalties for both the actual and substitute day. You will only receive a public holiday penalty for one of these days. Please see example table below:
|Worked on the actual day
Saturday 26 January 2019
|Worked on the substitute day
Monday 28 January 2019
|Did not work either|
Paid public holiday penalty rates for the actual day. No penalty applies to working the substitute day or being rostered off on the substitute day.
|If a Monday to Friday worker, paid public holiday penalties for the day worked.
If not a Monday to Friday worker, penalties or rostered off benefits apply to the 25 December, not 27 December.
|Paid public holiday penalty ‘not worked’ for one public holiday but not both.|
*Please note the above is in addition to other penalties received, for example shift penalties and weekend penalties still apply.
ADO on public holiday
If your accrued day off falls on a public holiday, another day, determined by your employer, will be taken instead, where practical within the same four or five week work cycle.
Public holidays occurring during a period of annual leave
If a public holiday occurs during your annual leave, you are taken not to be on paid annual leave on that public holiday. Instead you receive the public holiday entitlement appropriate to the enterprise agreement for the workplace, and that day is not deducted from your accrued annual leave.
Personal leave (sick leave /carers leave) on a public holiday
If you take personal leave on a public holiday, you are taken not to be on personal leave on that public holiday. Instead the day would be viewed as a public holiday not required to work and not deducted from personal leave.
Public sector night duty entitlement on public holidays
A night duty employee is entitled to be paid at the appropriate public holiday rates for each hour worked on that ‘part of the shift’ that falls on the public holiday, and at the pro rata public holiday ‘rostered off benefit’ for that part of the shift that falls on the public holiday that you are not rostered to work.
Private acute and aged care employees will need to check their current agreements.
Public mental health registered and enrolled nurse night duty payment on public holiday
The agreement provisions dealing with the public holiday entitlements of employees working a night shift would entitle full-time and part-time nurses who are rostered to work on the night shift ending on the public holiday to receive the public holiday penalty rates for the entire shift (clause 88.8 a).
Employees rostered to work on the night shift commencing on the public holiday will not receive the public holiday penalty rates for the entire shift (clause 88.8 b)
An employee not rostered to work on the night shift ending on the public holiday will receive the applicable rostered off benefit (clause 88.8 c)