The situation with public holidays is complex due to the interaction of a number of factors:

• The Victorian government has legislated two additional public holidays – Boxing Day 28 December 2010 as well as Boxing Day Sunday 26 December 2010, and New Year’s Day 3 January 2011 as well as Saturday 1 January 2010. Note that there is a substitute holiday for Christmas Day under the Victorian Public Holidays Act. Public Holiday Dates (Victoria Online)

• The National Employment Standards (NES) provide that all additional days and any substitute days are public holidays

• The provisions of the private sector enterprise agreements, which can vary. To check the provisions in particular agreements login to the member-only pages at www.msav.org.au

We have contacted all the private sector employers with whom we have Agreements regarding entitlements, and are waiting on confirmation of their agreement to our interpretation of entitlements.

Under most of our Agreements the following provisions will apply:

Saturday 25^th December 2010 – Christmas Day & Monday 27 December 2010 – Substitute Day

The public holiday penalties apply to both Christmas Day (25 December 2010) and the substituted day (27 December 2010).

However, where an employee works on both Christmas Day and the substituted day, the penalty only applies on one of the days. The NES provides that the substitute day is the public holiday. So if an employee works on both 25 December 2010 and 27 December 2010, they are entitled to be paid at Saturday rates for Christmas Day 25 December and Public Holiday rates for the Monday 27 December 2010.

Sunday 26 December & Tuesday 28 December 2010

Both days are declared public holidays - i.e. there are 2 Boxing Day public holidays in 2010 - so public holiday penalties apply to both Boxing Day  holidays, and also apply if a person works both days.

Saturday 1 January 2011 & Monday 3 January 2011

Both days are declared public holidays - i.e. there are 2 New Year’s Day public holidays in 2010 - so public holiday penalties apply to both New Year’s Day holidays, and also apply if a person works both days.

Public Holiday Penalty (excluding recall)

The public holiday penalty is payment for time worked at 1.5 T for a minimum of 4 hours - plus payment for the day or a day off in lieu of payment.

Public Holiday Falls on a Shift Worker’s Rostered Day Off

Where a public holiday occurs on a full time shift worker’s rostered day off, then the employee shall be entitled to receive one and a half days pay in addition to the weekly wage or one and a half days off at a time convenient to the employer without loss of pay.

Part-time employees

A part-time employee is entitled to be paid for the day when the public holiday falls on a day on which they normally work.

Where employees work a rotating roster, this applies if the employee has worked for 50% or more on the days on which the public holiday falls. (Delmont; MIVF; St John of God Hospitals; St Vincent’s and Mercy Private Hospital; Vaucluse Hospital; Western Private Hospital)

Refer Stat Report 767 for Public Sector public holiday entitlements