a worker is not obliged to take annual leave these days if the local government closes, both days being public holidays. 2. Payment for Christmas Day Work For local governments applying the Local Government Industry Award 2010 (LGIA) if a worker is required to work either on Sunday, December 25 or Tuesday, December 27, he should receive the penalty rate for public holidays for work one of these days. When a worker is required to work on Sundays (an effective public holiday) and Tuesdays (an observed public holiday), there is only an obligation to pay workers penalty penalties on public holidays for the holiday observed. The commitment is repeated in Article 28.3 of the LGIA, which states below: «28.3 When a worker is required to work on the observed public holiday, he is paid two and a half times for the hours actually worked. A worker who works on an observed and actual public holiday receives the penalty rate for work on the observed public holiday, but not both. 3. Payment for New Year`s Day Work 2017 The principle described above applies to New Year`s Eve, Sunday, January 1, 2017 and New Year`s Day On New Year`s Day, Monday, January 2, 2017. In other words, if a worker is to work either on Sunday, January 1 or Monday, January 2, he should receive the penalty rate for public holidays for work done one of these days. However, when a worker is required to work on Sundays (an effective public holiday) and Monday (an observed public holiday), there is only an obligation to pay workers penalty penalties on public holidays for the holiday observed. 4.
Christmas Shut Down Local Governments may require their employees to take annual leave as part of the closure of the business. However, Section 25.5 of the LGIA stipulates that the local government must make available to workers four (4) weeks of unprevising if you intend to close the business during public holidays. Local governments should bear in mind that under the LGIA or fair work act 2009, there is no possibility of forcing a worker to take time off because of a closure without paying. This also applies when a worker does not have enough leave to take annual leave during the closing period. If your local government is closed for the Christmas/New Year period and there are staff with insufficient annual leave, in accordance with Section 25.9 of the LGIA, there are plans to take annual leave in advance, in agreement between the worker and the local government. The advice described above is specific to local governments that hire staff within the LGIA. Local authorities with employees who are covered by enterprise agreements must review in their enterprise agreements the specific provisions relating to punitive measures for public holidays. If an enterprise agreement does not contain a clause similar to that of the LGIA, it is likely that the penalty rate for public holidays will apply to both the actual public holiday and the observed public holiday. For more information, email WALGA Employee Relations or call 9213 2092.
Excessive annual vacation delimitations – New model term – Appendix 2 There have been some changes in the name of the model published by the FWC in the previous decision in June.