With Christmas and New Years here it is important to know what your entitlements are through this period.
TIME & A HALF
If you work on any public holiday, you should always be paid at least time and a half for the time you actually work (that means your normal hourly rate plus 50%).
ALTERNATE HOLIDAYS (DAYS IN LIEU)
You are entitled to a paid day off on a public holiday if it would otherwise be a working day for you.
WHAT IS AN ‘OTHERWISE WORKING DAY’?
Establishing if a day is an otherwise working day is important to understand what entitlements you should receive on a public holiday. If it is not clear what day would be an “otherwise working day” then you should:
Check your Collective Agreement for a specific clause ( go to the "My Employer" menu above to see union collective agreements).
Consider any other factors, including;
if you only work when work is available
rosters or similar systems
reasonable expectations (if you would be expected to work on the day).
It is standard practice that if you work a majority of the previous same days of the week the public holiday falls on you are entitled to treat it as an “otherwise working day”. That could be for 4, 8 or 12 weeks before the public holiday - or if you have a fixed shift on that day of the week.
BEWARE ROSTER CHANGES!
If you feel your roster has been changed by your manager in November or December just so you don’t qualify for a day-in-lieu then contact Unite on 0800 2UNITE and let us know.
SHIFTS OVER TWO DAYS
If your shift starts one day and finishes on another - e.g. you start a shift on New Years Eve but actually finish the shift after midnight on New Years Day - then you are entitled to time and half for the hours worked on new Years day AND an alternate holiday as well (if it is an “otherwise working day” for you). Some employers may ask you to “transfer” your public holiday to another day - you do not have to agree to that if you do not wish to.
YOUR ENTITLEMENTS THIS YEAR
2024 Christmas and New Years holidays fall on Wednesdays and Thursdays. The minimum entitlements are as listed in the table below.
If you normally work on a Wednesday and/or Thursday but don’t actually work on the holidays on these days you are entitled to your “relevant daily pay” for the holiday.
DO I HAVE TO WORK ON A PUBLIC HOLIDAY?
The answer is probably “YES”.
Almost all hospitality employment agreements have a clause that says, if the holiday is on a day that you would normally be available to work, then you are obliged to work that day if rostered - public holiday or not. You will, however, get paid 50% more for your work and likely get another day off as well.
There is one exception where you won’t have to. If your guaranteed minimum hours (the hours your employer has to offer you each week) are less than what you normally work, then you have an absolute right to turn down additional hours and shifts - which could be on a public holiday.
If your manager doesn’t like that, then the solution is very simple. If they want to make sure you will show up for any particular shifts then they have to offer you enough guaranteed minimum hours each week to cover them.
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