Example
In 2011, the 25 December (Christmas Day) falls on a Sunday. The Victorian government declared that the Christmas Day holiday is substituted for Tuesday 27 December. This means that the Christmas Day public holiday will not be observed on the actual day, i.e. Sunday 25 December, but will be replaced by Tuesday 27 December. Boxing Day public holiday remains on the 26 December.
Sally is a retail assistant for a bakery shop in Melbourne, who works five days a week. During the Christmas period, Sally will be working on:
- Saturday 24 December
- Sunday 25 December
- Monday 26 December
- Tuesday 27 December
- Wednesday 28 December
- Thursday 29 December.
Sally is covered by the General Retail Industry Award 2010 [MA000004]. Her modern award sets out 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], Sally’s minimum rate of pay for this week will be:
- Saturday 24 & Sunday 25 December - base rate of pay + weekend penalty
- 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.