Christmas - NewYear Public Holidays December 2017- January 2018 Please note the following Public Holidays are held and observed in each area as applicable and prescribed as a public holiday under the Statutory Holidays Act 2000 (TAS) • Christmas Day Monday 25th December 2017 • Boxing Day Tuesday 26th December 2017 • New Year’s Day Monday 1st January 2018 • Australia Day Friday 26th January 2018 It is important that employees receive the correct entitlements. The table below outlines briefly the entitlements under the various Awards applied by members for work performed on a public holiday. It should be used as a guide only and members should refer to the Award relevant to their business for the full extent of employee entitlements.
Hospitality Industry (General) Award 2010
Restaurant Industry Award 2010
Registered and Licensed Clubs Award 2010
Casual
250% 225% 225%
250% 225% 225%
250% 250% 250%
Full time (hourly paid)
Part time
Salary
Cl 27.1 (Annualised) and cl 27.2 (Managerial) - time in lieu equivalent to time worked (or for cl 27.1 salaries time may be added to annual leave accruals)
Cl 28 - time in lieu equivalent to time worked
Cl 17.3 (managerial) - 250%
Some employees may be entitled to payment for a public holiday even though they do not work it. Members should again refer to the Award applicable to their venue. Public holidays and other leave Under the Fair Work Act (s89), if the period during which an employee takes paid annual leave or paid personal/carer’s leave includes a day or part- day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave or personal/carer’s leave on that public holiday. Rostered day off (RDO) Some modern awards allow a system of hours whereby additional hours are worked so that an employee receives a day off with pay over the roster cycle. In most instances, this would mean a RDO every four weeks, although this will vary depending on the length of the period of the roster cycle. Generally, a modern award provides that where a full-time employee’s ordinary hours include a RDO and such day falls on a public holiday, an employee is entitled to either: 7.6 hours pay at the ordinary rate; 7.6 hours of extra annual leave; or a substitute day off on an alternative week day. Reference should be made to the relevant modern award to determine an employee’s entitlement with respect to RDOs. Refusal to work on a public holiday The Fair Work Act (s114) states that an employer may request an employee to work on a public holiday if the request is reasonable. Likewise, an employee can refuse to work on a public holiday if the employer’s request is not reasonable. In determining whether an employer’s request is reasonable, the following must be taken into account: • the nature of an employer’s workplace and the nature of an employee’s work • an employee’s personal circumstances • whether an employee could reasonably expect an employer might request work on the public holiday • whether an employee is entitled to receive overtime or other penalty payments that reflects the expectation to work public holidays • the type of employment of an employee, e.g. whether full-time, part-time, casual or shift work • the amount of notice in advance of the public holiday given by an employer to an employee, and • the amount of notice given by an employee when refusing a request to work on a public holiday. An employee who fails to attend for work when rostered on a public holiday is still entitled to payment for the holiday, but may be the subject of disciplinary action if he/she fails to provide a reasonable excuse for the absence. Also, an employee who is absent the day before or after a public holiday without reasonable excuse does not forfeit payment for the public holiday, but would not receive payment for the day absent from work. Members are encouraged to contact the Tasmanian Hospitality Association office if they have any queries in relation to employee entitlements on the public holidays.
December 2017 www.australianhotels.asn.au
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