As advised in Stat 783 we were forced to take Southern Health to Fair Work Australia (FWA) before Easter in relation to the implementation of the decision made in November 2010 by Commissioner Cribb regarding the calculation of payments to part-time employees under the public sector EBA for public holidays which fall on days on which they never work.

Commissioner Cribb decided that the correct way to calculate the payment to part-time employees is to calculate the average number of hours per day that a part-time employee works. This becomes the payment for a public holiday that falls on a day on which they do not work, as per the following table.

We received an undertaking from Southern Health that it would apply the Cribb,C decision for the public holidays which fell over the Easter – Anzac Day period.

Southern Health has now lodged an appeal against the decision of Commissioner Cribb. The decision was issued on 4 November 2010.

Under the Fair Work Act 2009, parties have 21 days after the making of a decision in which to lodge an appeal.

Southern Health has applied for an extension of time for the lodgement of the appeal. The matter has been listed for hearing on 22 June 2011.