We have been getting calls from members asking about penalty rates when rostered on next Christmas Day, Boxing Day and New Years Day, which all fall on a weekend

To further complicate matters the government has legislated 2 days as Boxing Day, being Sunday 26 December 2010 and Tuesday 28 December 2010.

Unfortunately the VHIA has provided public hospitals and health services with incorrect advice regarding the penalties which applies to our members who are rostered to work on Christmas Day, Boxing Day and/or New Year’s Day.

VHIA Bulletin 1559 states that “there is no public holiday entitlement payable for staff who work on Saturday 25 December [Christmas Day], this day will be an ordinary weekend day”, except for nurses. Wrong!

We have written to the VHIA drawing attention to the provisions of clause 68.8.8 of the Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Multi-Employer Agreement 2008-2011

68.8    Where Christmas Day and/or Boxing Day and/or New Year’s Day fall on a Saturday or a Sunday, an employee, other than a Casual employee, who works on Christmas Day and/or Boxing Day and/or New Year’s Day shall be paid at the rate of time and one half for the time worked with a minimum of four hours wages. If such an employee also works on the substitute day or days, he or she shall be paid at the normal rate prescribed by this Agreement for work on this day or these days.

68.9    In addition to the benefit provided by clause 68.8.8 an employee who works on Christmas Day and/or Boxing Day and/or New Year’s Day shall, for each day so worked, either be allowed a substitute holiday at a time convenient to the employer or receive an extra day’s wages at ordinary rates.

68.10  This clause overrides any other provisions of the Agreement with which it is inconsistent.

The VHIA and the Union agree about the entitlements that apply in the public sector in relation to Boxing Day, Tuesday 28 December 2010. All members who work on Boxing Day 28 December 2010 are entitled to be paid the public holiday penalties, irrespective of whether they worked on Boxing Day 26 December 2010. Members who are not rostered on that day will receive the public holiday benefit.

Private Sector Most of our private sector enterprise agreements contain similar provisions to those that apply in the public sector. The agreements are available in the Documents -> Agreements section at www.msav.org.au (after logging in).