Example
In 2011, the 25 December (Christmas Day) falls on a Sunday. The New South Wales government declared that Monday 26 December is an additional public holiday to 25 December 2011. This means that the Christmas Day public holiday will be observed on two days; the actual day, i.e. Sunday 25 December and Monday 26 December. Boxing Day public holiday has been substituted and is now observed on Tuesday 27 December.
Natalie works at a clothing store in New South Wales. During the Christmas period, Natalie will be working on:
- Saturday 24 December
- Sunday 25 December
- Monday 26 December
- Tuesday 27 December
- Wednesday 28 December
- Thursday 29 December.
Natalie is covered by the General Retail Industry Award 2010 [MA000004]. Her modern award prescribes a penalty for work performed on a public holiday. No other additional provisions are provided except that public holidays are in accordance with the National Employment Standards.
Based on the provisions of the General Retail Industry Award 2010 [MA000004], Natalie’s minimum rate of pay for this week will be:
- Saturday 24 - base rate of pay + weekend penalty
- Sunday 25, Monday 26 & Tuesday 27 December - base rate of pay + public holiday penalty
- Wednesday 28 & Thursday 29 December - base rate of pay.
Note: Under most modern awards, public holiday penalty rates are phased in. This means that minimum obligations of employers will depend on their obligations prior to 1 January 2010.