THE NATIONAL EMPLOYMENT STANDARDS PUBLIC HOLIDAYS

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1 THE NATIONAL EMPLOYMENT STANDARDS PUBLIC HOLIDAYS The National Employment Standards (NES) are a statutory set of 10 minimum employment entitlements provided for in the Fair Work Act 2009 (FW Act) The NES apply to employers and employees operating in the National System from 1 January This fact sheet deals with public holidays. In some cases, a modern award or an industrial instrument can expand on or vary the entitlement provided for in the NES. Accordingly, in determining a particular employee s terms and conditions of employment, it is advisable to refer to all the NES, any relevant modern award or industrial instrument and the employee s contract of employment. PUBLIC HOLIDAYS The NES recognise public holidays to include the following days: 1 January (New Year's Day); 26 January (Australia Day); Good Friday; Easter Monday; 25 April (Anzac Day); Queen's birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory); 25 December (Christmas Day); 26 December (Boxing Day); and any other day, or part-day, declared under a State or Territory law to be observed within the State or Territory, or a region of the State or Territory, as a public holiday. N.B. The Public Holidays Act 2010 (NSW) provides for additional days and substitute days to be recognised as public holidays in NSW, either for the whole or part of the State. The Public Holidays Act 2010 (NSW) also allows for days of special significance in a community to be observed as a local event day. A local event day is not a public holiday. Page 1 of 6

2 For a full list of the recognised public holidays in NSW for 2019, please see below from page 4. Substitution rules apply where a State or Territory has substituted one of the abovementioned public holidays for another day. The substituted day will be deemed to be the public holiday. For example, if 26 January (Australia Day) falls on a Sunday and the NSW Government substitutes the following Monday as the substitute public holiday, only the Monday would be considered a public holiday in NSW and not the Sunday. Modern awards and enterprise agreements may contain provisions dealing with substituted public holidays at a particular workplace. Clause 37.1 of the Hospitality Industry (General) Award 2010 (Award) allows for substitution of public holidays. Award/agreement free employees (those employees to whom neither a modern award nor an enterprise agreement applies) and employers may agree on the substitution of a public holiday for another day. Any such agreement should be recorded in writing. ENTITLEMENT ON A PUBLIC HOLIDAY The NES provides that an employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday. An employer may, however, request an employee to work on a public holiday. The employee may only refuse the request if the request was not reasonable or if the refusal is reasonable. In determining whether a request or a refusal of a request, to work on a public holiday is reasonable, the following factors must be taken into account: a) the nature of the employer's workplace (including its operational requirements), and the nature of the work performed by the employee; b) the employee's personal circumstances, including their family responsibilities; c) whether the employee could reasonably expect that the employer might request work on the public holiday; d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday; e) the type of employment of the employee (e.g. whether full time, part time, casual or shiftwork); f) the amount of notice given by the employer when making the request to work on the public holiday; g) the amount of notice given by the employee if refusing the request to work on the public holiday; h) any other relevant matters. For further information please refer to the AHA NSW s Arrangements for Work on Public Holidays Fact Sheet. Page 2 of 6

3 PAYMENT ON A PUBLIC HOLIDAY The NES provide that if an employee is absent on a public holiday, and that day would generally constitute part of the employee s ordinary working hours, they are entitled to receive payment for their absence at their base rate of pay. If the employee does not have ordinary hours of work on the public holiday, the employee is not entitled to payment. For example, if the employee is a casual employee who is not rostered to work on the public holiday, or is a part-time employee whose part-time hours do not include the day of the week on which the public holiday occurs. However, it is important to note that a relevant modern award or industrial instrument and the employee s contract of employment may provide for other payments or entitlements to be made to the employee on a public holiday. If the Award applies to you and your employees, you should refer to clauses 32.2 and INTERACTION WITH ANNUAL LEAVE AND PERSONAL LEAVE The NES provides that if an employee is absent on a period of paid annual leave or paid personal leave and a public holiday falls during that period, the employee is taken not to be on paid annual leave or paid personal leave. For further information please refer to the AHA NSW s Annual Leave and Personal/Carer s Leave and Compassionate Leave Fact Sheets. For further information on public holidays please contact the AHA NSW Legal and Industrial Affairs Department on (02) or at legal@ahansw.com.au. Page 3 of 6

4 PUBLIC HOLIDAYS LISTING 2019 & 2020 GENERAL PUBLIC HOLIDAYS FOR NSW 2019 TUESDAY 1 NEW YEAR S DAY MONDAY 28 AUSTRALIA DAY HOLIDAY FRIDAY 19 APRIL 2019 GOOD FRIDAY SATURDAY 20 APRIL 2019 EASTER SATURDAY SUNDAY 21 APRIL 2019 EASTER SUNDAY MONDAY 22 APRIL 2019 EASTER MONDAY THURSDAY 25 APRIL 2019 ANZAC DAY MONDAY 10 JUNE 2019 QUEEN S BIRTHDAY MONDAY 7 OCTOBER 2019 LABOUR DAY WEDNESDAY 25 DECEMBER 2019 CHRISTMAS DAY THURSDAY 26 DECEMBER 2019 BOXING DAY 2020 WEDNESDAY 1 JANUARY 2020 NEW YEAR S DAY MONDAY 27 JANUARY 2020 AUSTRALIA DAY HOLIDAY FRIDAY 10 APRIL 2020 GOOD FRIDAY SATURDAY 11 APRIL 2020 EASTER SATURDAY SUNDAY 12 APRIL 2020 EASTER SUNDAY MONDAY 13 APRIL 2020 EASTER MONDAY SATURDAY 25 APRIL 2020 ANZAC DAY MONDAY 8 JUNE 2020 QUEEN S BIRTHDAY MONDAY 5 OCTOBER 2020 LABOUR DAY FRIDAY 25 DECEMBER 2020 CHRISTMAS DAY SATURDAY 26 DECEMBER 2020 BOXING DAY MONDAY 28 DECEMBER 2020 ADDITIONAL DAY Page 4 of 6

5 LOCAL PUBLIC HOLIDAYS FOR NSW 2019 Listing includes 2019 Local Public Holidays gazetted as at 14 January 2019, additional days may be gazetted through FRIDAY 8 FEBRUARY 2019 (12.00pm to 6.00pm) Walcha Cup FRIDAY 15 FEBRUARY 2019 (9.00am to 5.00pm) Kangaroo Valley Show FRIDAY 22 MARCH 2019 Albury Gold Cup FRIDAY 29 MARCH 2019 Muswellbrook Cup Walcha Council area That part of the County of Camden, the Parish of Cambewarra and those portions of the Parishes of Burrawang, Bugong, Yarrawa and Wallawa, situated within the Shoalhaven City Council area Albury City Council area Muswellbrook Shire Council area WEDNESDAY 8 MAY 2019 (12:00pm to 5:00pm) Maclean Show FRIDAY 10 MAY 2019 Scone Cup TUESDAY 14 MAY 2019 (8:30am to 7pm) Yeoval Show MONDAY 20 MAY 2019 Nyngan Show WEDNESDAY 29 MAY 2019 Coonamble Annual Show WEDNESDAY 10 JULY 2019 (1:00pm to 5:00pm) Ramornie Race Day THURSDAY 11 JULY 2019 (1:00pm to 5:00pm) Grafton Cup Day Police patrol districts of Maclean, Yamba and Iluka within the Clarence Towns of Aberdeen, Blandford, Bunnan Ellerston, Gundy Moonan Brook, Moonan Flat, Murrurundi, Parkville Scone, Rouchel, Timor and Wingen within the Upper Hunter Shire Council area That part of Yeoval that is situated within the Cabonne Shire Council area Bogan Shire Council area Coonamble Shire Council area Grafton City within the Clarence Grafton City within the Clarence THURSDAY 1 AUGUST 2019 Coffs Harbour City Council area Page 5 of 6

6 (12:00pm to 5:30pm) Coffs Harbour Gold Cup WEDNESDAY 14 AUGUST 2019 (9:00am to 5:00pm) Trundle Show WEDNESDAY 21 AUGUST 2019 (9:00am to 5:00pm) Peak Hill Show TUESDAY 27 AUGUST 2019 (12:00pm to 5:00pm) Parkes Show WEDNESDAY 4 SEPTEMBER 2019 (12:00pm to 6:00pm) West Wyalong Show THURSDAY 19 SEPTEMBER 2019 (12:00pm to 6:00pm) Lismore Cup Day Trundle, Bogan Gate and Bruie Plains (suburbs), as shown edged red on the map marked Trundle Show Boundaries deposited in the office of Parkes Shire Council Peak Hill (suburb), as shown edged blue on the map marked Peak Hill Show Boundaries deposited in the office of Parkes Shire Council Parkes, Tichborne, Nelungaloo, Gunningbland, Cooks Myall, Goonumbla, Alectown, part of Mandagery and part of Cookamidgera (suburbs), as shown edged pink on the map marked Parkes Show Boundaries deposited in the office of Parkes Shire Council Town improvement districts of West Wyalong, Wyalong and Tallimba, as shown edged black on the maps marked Town Improvement District Wyalong/West Wyalong and Town Improvement District Tallimba deposited in the office of Bland Shire Council Lismore City Council area THURSDAY 31 OCTOBER 2019 (1:00pm to 5:00pm) Jacaranda Thursday Grafton City within the Clarence For further information on public holidays please contact the AHA NSW Legal and Industrial Affairs Department on (02) or legal@ahansw.com.au. Page 6 of 6