This year Anzac Day falls on Easter Monday, which is a public holiday under Victorian legislation. As a result the Anzac Day holiday has been declared on Tuesday 26 April 2011.

Good Friday and Easter Monday are public holidays under our enterprise agreements and Victorian legislation. In addition, Easter Saturday is also a public holiday under the public sector agreement and most private sector EBAs. Public holiday entitlements are as follows in the public sector (in summary):

PUBLIC SECTOR ENTERPRISE AGREEMENT

• All staff rostered for ordinary duty on a public holiday are entitled be paid for the time worked with a minimum of four hours wages at the rate of time and a half in addition to their normal weekly wage. (Time off in lieu at the penalty rate with a minimum of six hours time off may be taken by agreement, as well as payment for the day). If an employee is entitled to a full working day off, this may be added to annual leave by mutual consent.
• Full time shift employees rostered off on a public holiday (i.e. those who are normally rostered over a seven day cycle where a public holiday falls on a Rostered Day Off – i.e. a day when they are not rostered for duty) are entitled to the normal weekly wage plus one and a half days pay (or one and a half days time in lieu) for the public holiday.
• Full time Monday to Friday staff who do not work on Saturdays are entitled to one day’s pay or, by consent, a day in lieu for Easter Saturday or have a day added to annual leave.
• Full time staff where a public holiday falls on a day on which they normally work but they are not required to work. – are entitled to one day’s pay i.e. are paid for the public holiday.
• Part time staff where a public holiday falls on a day on which they normally work but they are not required to work. – are entitled to one day’s pay at the number of hours that they normally are rostered on that day. This includes Easter Saturday if a part-time worker normally works on a Saturday but is not required to work.

Public sector only

• Part-time staff where a public holiday falls on a day when they are never rostered to work – are entitled to a payment for the day based on the average hours per day that the part-time works on the days that they do work. Please note that this applies to Easter Saturday.

Note that the entitlement to payment for a public holiday which falls on a day on which a part-time worker never works has changed. This is a result of a decision of Fair Work Australia, as advised in Stat 778.

This entitlement to payment for public holidays to part-timers for days that they do not work applies to all public holidays. In 2011 it applies to Good Friday for part-timers who do not work on Fridays, Easter Saturday to part-timers who do not work on Saturdays, Easter Monday to part-timers who do not work on Mondays, and to the Anzac Day holiday to part-timers who do not work on Tuesdays.

Easter Saturday Entitlement - Public Sector, Monday - Friday Part-Time Workers

All part-time members who normally (or always) work ordinary hours between Monday and Friday must receive payment for Easter Saturday at the rate of ordinary time for the average hours they normally work per day (see above). The same applies to part-timers who work Sundays but not Saturdays.

This payment is due where the part-time member never works on Saturdays and is regardless of whether all days Monday-Friday are worked or only some days.

Oncall & Recall to duty – public sector

An employee recalled to duty on a public holiday is entitled to be paid at time and a half with a minimum of 2 hours pay for each recall in addition to payment for the day. Note that the on-call penalty on public holidays is the same as weekend on-call rates.

No EBA with Your Employer? Please contact the office for advice.