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Penalty rates, public holidays and daylight saving 2024–25

Penalty rates, public holidays and daylight saving 2024–25

Madeleine Harradence, Assistant Secretary of ANMF (Vic Branch)

How will the upcoming public holidays, as well as the start of daylight saving, impact your pay and penalty rates?

Daylight saving: Sunday 6 October

If you work night shift when daylight saving begins (or ends) your pay will depend on the award or agreement that applies to your workplace. Victorian public sector nurses and midwives, and most other agreements stipulate that employees are paid for the actual hours worked during the shift.

You can check your agreement via members.anmfvic.asn.au.

Some members who live near the border may work in NSW. NSW employees are generally paid according to the start and finish times that appear on the clock instead of the actual hours worked.

This approach favours employees when daylight saving begins but not when it ends. Because employers cannot guarantee they will roster the same staff on for shifts when daylight saving both begins and ends. If you work shifts in NSW, check your agreement for the system that applies to you.

Public holidays

Melbourne Cup                                                                        Tuesday 5 November 2024*

Christmas Day                                                                         Wednesday 25 December 2024

Boxing Day                                                                                Thursday 26 December 2024

New Year’s Day                                                                       Wednesday 1 January 2025

Australia Day                                                                            Monday 26 January 2025

Some regional Victorian municipalities have Melbourne Cup public holiday substitution:

Municipality Replacement date Applies in following areas
Mildura Rural City Council Wednesday 9 October The area westerly from and including the township of Bonika and south of Murray Sunset National Park
Greater Geelong City Council Wednesday 23 October The City of Greater Geelong
Greater Bendigo City Council Wednesday 30 October All areas west of the Campaspe River
Macedon Ranges Shire Council Wednesday 6 November The postcodes of 3444, 3446, 3458 and the localities of Cadello and Carlsruhe
Wodonga City Council Friday 29 November Wodonga City (for the Wodonga Gold Cup)

Moyne Shire Council and Warrnambool City Council’s Melbourne Cup public holiday replacements occurred in May to coincide with the Warrnambool Cup.

Working on a public holiday

Full-time and part-time public sector employees required to work on a public holiday Monday to Friday will receive double time for time 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? Check your current agreement. Some casual employees in the aged care sector will be entitled to 175 per cent for public holidays.

Night duty entitlement on public holidays

A public sector nurse or midwife who works a night duty shift 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 and do not work.

Note: the new public sector EBA also includes a requirement for employers to implement a policy or procedure around rosters that cover the performance of work on a public holiday. Public sector members are recommended to review clause 45.9 and request a copy of this policy from their employer.

On-call on a public holiday?

The new public sector EBA will see on-call allowances not only increase with wage increases and the rolling in of the telephone allowance, but also includes new higher rates for Saturdays, Sundays and public holidays (with a higher rate again if the public holiday falls on a weekend).

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.

Night duty entitlement for public mental health members

Employees of a public mental health service 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.

Employees of public mental health services rostered to work on the night shift commencing on the public holiday will not receive the public holiday penalty rates for the entire shift.

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