Australia Day Public Holiday Entitlements in NSW 2020

Australia Day Public Holiday – Monday, 27 January, 2020

Monday 27 January is the Australia Day public holiday in NSW. Sunday 26 January is not a public holiday in NSW. This is because the Public Holidays Act 2010 provides that where Australia Day falls on a Sunday, the following Monday is declared the public holiday.

DO I HAVE TO WORK ON A PUBLIC HOLIDAY?

Most Agreements negotiated by the SDA provide that all work performed on a public holiday is voluntary for all employees, including casuals. Full-time and part-time employees who are rostered on but refuse to work, receive the benefit of the public holiday at the ordinary-time rate of pay. For employees covered by the General Retail Industry Award (GRIA), public holiday entitlements are covered by the National Employment Standards (NES). The NES provides that an employee is entitled to be absent on a public holiday, however, an employer may request that an employee work on a public holiday if the request is reasonable. An employee may refuse an employer’s request to work on a public holiday if the employer’s request is unreasonable. In determining if a request, or a refusal of a request, to work on a public holiday is reasonable, the following matters must be taken into account:

  • the nature of the work;
  • the employee’s personal circumstances, including family responsibilities;
  • whether the employee is entitled to receive overtime payments, penalty rates or other compensation for work on the public holiday;
  • the amount of notice given by the employer;
  • the amount of notice given by the employee when refusing the request;
  • any other relevant matter.

WHAT DO I GET PAID IF I WORK ON A PUBLIC HOLIDAY?

Typically, SDA-negotiated Agreements and Awards provide for the following entitlements:

  • Full-time and part-time employees who are rostered to work ordinary hours on a public holiday and who agree to work are paid timeand- a-quarter plus their normal day’s pay (this is equivilent to double-time-and-a-quarter).
  • Full-time and part-time employees who are not rostered to work ordinary hours and who agree to work are paid at the rate of double-time-and-a-quarter with a minimum payment for three hours work.
  • Casuals working on a public holiday are paid at the rate of double-time-and-a-half with a minimum payment for three hours of work.

 

If you require further information please speak to your delegate in store, if you need further clarification please contact the SDA for assistance.

 

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