The following information is to assist members calculate Australia Day penalty rates for Tuesday 26 January 2021.
General principles for payment – working on the public holiday
Members should check their enterprise agreement to confirm their entitlement.
Full- and part-time registered nurses, enrolled nurses, midwives, and mental health nurses who are required to 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 casual employees in the aged care sector will be entitled to 175 per cent for public holidays.
Note shift penalties still apply.
General principles for payment – not working on the public holiday
If 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, if they usually work on that day.
Some agreements may provide a public holiday payment to part time employees who do not work the public holiday 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.
Private aged care employees should check their current workplace agreements.
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 provides public holiday rates for the entire shift for employees who are rostered to work on the night shift ending on the public holiday (clause 88.8 a).
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)
The night shift commencing on the public holiday is not considered a public holiday and employees do not receive public holiday penalty rates for that shift (clause 88.8 b)
