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Penalty rates for Australia Day public holiday – 2020

Penalty rates for Australia Day public holiday – 2020

General principles for payment

Australia Day — Sunday 26 January 2020

*Substitute day for Australia Day — Monday 27 January 2020

Working on the actual public holiday – Sunday 26 January 2020

Nurses and midwives required to work on the public holiday receive double time for each hour worked, and the weekend penalty if applicable.

Casual employees receive double the casual rate for time worked on a public holiday Monday to Friday (125% + 125% = 250%), or on weekends 125% x 2.5 = 312.5%, inclusive of the weekend penalty rate.

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.

Working on the substitute public holiday – Monday 27 January 2020

Monday to Friday full-time and part-time registered nurses, enrolled nurses, midwives, and mental health nurses who are required to work on the public holiday are entitled to double time for each hour worked.

Casual employees are usually entitled to double time and a half (i.e. double the casual rate) for each hour worked on a public holiday Monday to Friday.

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

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
Sunday 26 January 2020
Worked on the substitute day Monday 27 January 2020 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.

 

Paid public holiday penalty ‘not worked’ for one public holiday but not both.

 

If not a Monday to Friday worker, penalties or rostered off benefits apply to 27 January 2020.

Not working on the public holiday

Full-time or part-time employees who would normally work the day that the public holiday falls, but are not required to work, 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 public sector 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, enrolled nurses and midwives should check their enterprise agreements as the entitlements may differ. Generally, if a part-time employee has worked 50 per cent or more of the day of the week (e.g. Wednesday) 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 also check their current workplace agreements.

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 nurse or midwife is entitled to be paid at the appropriate public holiday rate 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

Full-time and part-time nurses who are rostered to work on the night shift ending on the public holiday are entitled to receive the public holiday penalty rates for the entire shift (clause 88.8 a).

Nurses 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).

Nurses not rostered to work on the night shift ending on the public holiday will receive the applicable rostered off benefit (clause 88.8 c).

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