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News Bulletin : ADA News Bulletin December 2011
22 DECEMBER 20 11 PUBLIC HOLIDAYS 2012 and frequently asked questions It is that time of the year when members of the Australian Dental Association (ADA) enquire about the Christmas and Boxing Day public holidays as well as the national public holidays in 2012. An employee's entitlement to a public holiday is determined by sections 114-116 of the Fair Work Act 2009, the relevant State or Territory public holiday legislation, and the modern award or industrial instrument that covers the individual. The following Tables list the days that have been declared as the 2011 Christmas and Boxing Day public holidays as well as the declared 2012 national public holidays. For a list of the State and Territory public holidays please contact the ADA HR Advisory Service or visit: www.australia.gov.au/topics/australian-facts-and- figures/public-holidays CHRISTMAS AND BOXING DAY PUBLIC HOLIDAYS 2011 2011 Christmas Day Monday, 26 December (Tuesday in VIC & TAS) Boxing Day (Proclamation Day SA) Tuesday, 27 December (Monday in VIC & TAS) NATIONAL PUBLIC HOLIDAYS 2012 2012 New Year's Day Sunday, 1 January ^Monday, 2 January Australia Day Thursday, 26 January Good Friday Friday, 6 April Easter Saturday Saturday, 7 April Easter Monday Monday, 9 April Anzac Day Wednesday, 25 April Queen's Birthday Monday, 11 June (except in WA) Christmas Day Tuesday, 25 December Boxing Day (Proclamation Day SA) Wednesday, 26 December ^Additional Holiday. FREQUENTLY ASKED QUESTIONS Following is a list of frequently asked questions that the ADA HR advisory service receives during this time of year: Are employees entitled to be absent on a public holiday? An employee is entitled to be absent from work on a public holiday. Can an employer request an employee to work on a public holiday? An employer may request an employee to work on a public holiday if the request is reasonable, i.e., they are required as the business is open and others have already worked public holidays. Can an employee refuse to work on a public holiday if an employer requests them to work? If an employer requests an employee to work on a public holiday, the employee may refuse the request if: • The request is not reasonable; or • The refusal is reasonable, i.e., special religious beliefs or special family commitments. Are employees entitled to payment on a public holiday if they were absent from work? If a full-time or part-time employee is absent from their employment on a day or part-day that is a public holiday, the employer must pay the employee at their base rate of pay. The employee must be paid for their ordinary hours of work which fall on the relevant day. Generally, if the employee does not normally work on the day on which the public holiday falls, then the employee is not entitled to payment. Can a public holiday be substituted? Under the Health Professionals and Support Services Award 2010 an employer and the employee may, by agreement, substitute another day for a public holiday. An employee may substitute a state or territory day for a public holiday. If an employee works on a public holiday, how much should they be paid? Under the Health Professionals and Support Services Award 2010, any employee required to work on a public holiday will be paid double time and a half for all time worked. For further information on public holidays please contact the ADA HR Advisory Service. The ADA HR Advisory team would like to wish all ADA members a safe and happy Christmas and New Year. We look forward to advising you in 2012. For more information or assistance, please contact the friendly team at the ADA HR Advisory Service on: Phone: 1300 ADA INC (1300 232 462) Fax: 02 8448 3299 Email: firstname.lastname@example.org The ADA HR Advisory Service is available from 8.30 am--5.30 pm (AEST) Monday to Friday. 'The answer could be just a phone call away'
ADA News Bulletin November 2011
ADA News Bulletin February 2012