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WHAT DO I GET PAID IF I WORK ON A PUBLIC HOLIDAY?
All work performed by employees on a public holiday is paid at
the rate of 200%, with a minimum payment for three hours of
work. This penalty is paid in lieu of casual loading.
DO I HAVE TO WORK ON A PUBLIC HOLIDAY?
A Message from
Your Secretary,
Barbara Nebart
The right to refuse to work on a public holiday is covered by the
National Employment Standards (“the NES”).
In New South Wales, the right to refuse to work on Good Friday,
Easter Sunday and Anzac Day (before 1.00pm) is also covered by
the Retail Trading Act 2008.
Retail Trading Act 2008
The Retail Trading Act provides that any work performed on a
restricted trading day can only be performed by employees who
have freely elected to work.
Good Friday, Easter Sunday and Anzac Day prior to 1.00 pm are
all restricted trading days in New South Wales. Therefore, work
on Good Friday, Easter Sunday and Anzac Day (before 1.00pm) is
strictly voluntary.
National Employment Standards (“NES”)
The NES provides that an employee is entitled to be absent on a
public holiday, however, KFC may request an employee to work
on a public holiday if the request is reasonable. An employee
may refuse KFC’s request to work on a public holiday, if KFC’s
request is unreasonable or if the refusal is reasonable.
In determining if a request or a refusal of a request to work on a
public holiday is reasonable, the following matters must be taken
into account:
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the nature of the work and workplace;
the employee’s personal circumstances, including family responsibilities;
whether the employee is entitled to receive overtime, penalty rates or other compensation for work on the public holiday;
the type of employment (full-time, part-time or casual):
the amount of notice given by KFC;
the amount of notice given by the employee when refusing the request;
any other relevant matter.
The SDA has worked hard over many years to
ensure that our members get time off work to
spend with their families on special occasions
such as over Easter and on Anzac Day.
This leaflet explains the public holiday
entitlements that apply to you over this period.
If you have any questions about your public
holiday entitlements or trading arrangements
over Easter or on Anzac Day, please speak to your
Delegate, contact your Organiser or phone the
SDA Office on (02) 4961 4694.
Have a happy and relaxing break, and remember,
if you are on the roads over the holiday period,
drive safely.
Shop Distributive and Allied Employees’
Association Newcastle & Northern Branch
Branch Secretary: Barbara Nebart
PO Box 118, Hamilton, NSW 2303
Telephone: (02) 4961 4694
Email: [email protected]
Website: www.sdan.org.au
2015
EASTER & ANZAC DAY
PUBLIC
HOLIDAYS &
TRADING HOURS
KFC
Authorised by Barbara Nebart, Secretary, Shop, Distributive And Allied
Employees’ Association, Newcastle & Northern Branch
This leaflet explains the public holiday entitlements and trading hours arrangements specifically for KFC team members working in New
South Wales over the Easter/Anzac Day period.
GOOD FRIDAY is a public holiday and a restricted trading day in
New South Wales.
The Retail Trading Act 2008 (The Act) provides that all work
performed on this day is only permissible where the employees
have freely elected to work on that day, without any coercion,
harassment, threat or intimidation.
All employees including casuals, who choose to work on the day,
receive payment at the rate of double time (200% total) of the
ordinary hourly rate.
Full-time, part-time and part-time flex employees who as part of
their roster cycle, work on a day on which includes a Friday but
who are not rostered to work any part of their ordinary hours on
Friday 3 April, are entitled to the non-working day benefit for this
day.
EASTER SATURDAY is a public holiday.
All employees including casuals, who choose to work on the day,
receive payment at the rate of double time (200% total) of the
ordinary hourly rate.
Full-time, part-time and part-time flex employees who as part of
their roster cycle, work on a day on which includes a Saturday but
who are not rostered to work any part of their ordinary hours on
Saturday 4 April are entitled to the non-working day benefit for
this day.
EASTER SUNDAY is a public holiday and a restricted trading day
in New South Wales.
The Act provides that all work performed on this day is only
permissible where the employees have freely elected to work on
that day, without coercion, harassment, threat or intimidation.
All employees including casuals, who choose to work on the day,
receive payment at the rate of double time (200% total) of the
ordinary hourly rate.
Full-time, part-time and part-time flex employees who as part of
their roster cycle, work on a day on which includes a Sunday but
who are not rostered to work any part of their ordinary hours on
Sunday 5 April are entitled to the non-working day benefit for this
day.
DO I GET PAID IF A PUBLIC HOLIDAY FALLS ON MY
NON-ROSTERED DAY?
EASTER MONDAY is a public holiday.
All employees including casuals, who choose to work on the day,
receive payment at the rate of double time (200% total) of the
ordinary hourly rate.
The non-working day provisions apply to all public holidays.*
Full-time, part-time and part-time flex employees who as part of
their roster cycle, work on a day on which includes a Monday but
who are not rostered to work any part of their ordinary hours on
Monday 6 April are entitled to the non-working day benefit for
this day.
A full-time employee whose non-working day falls on a public
holiday will receive by mutual agreement:*
ANZAC DAY is a public holiday. and a restricted trading day
until 1.00 pm in NSW.
The Act provides that all work performed prior to 1.00pm on this
day is only permissible where the employees have freely elected
to work on that day, without coercion, harassment, threat or
intimidation.
All employees including casuals, who choose to work on the day,
receive payment at the rate of double time (200% total) of the
ordinary hourly rate.
The non-working day provisions do not apply to Anzac Day when
it falls on a Saturday or Sunday.
Casual employees do not receive a benefit for a public holiday
that they are not rostered to work.
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Another day off with pay within 28 days of the public holiday; or
One day added to their annual leave; or
An additional day’s pay.
* The above does not apply to Anzac Day when it falls on a
Saturday or Sunday.
Where a part-time or part-time flex employee regularly
working 5 days per week is rostered on different days of the
week so that the employee is required from time to time to
work ordinary hours on the day of the week on which one of
the Easter public holidays falls, and the employee’s rostered
day off coincides with any of these public holidays, such
employee shall receive one day’s additional pay at ordinary
rates on the next suceeding pay day.
Event/Day
Public
Holiday?
Public Holiday
Penalty Rates
Is Work
Voluntary?
Good Friday
Friday 3 April
Yes
Yes
Yes (Employees must freely elect to work)
Easter Saturday
Saturday 4 April
Yes
Yes
Yes (NES - Reasonable right to refuse)
Easter Sunday
Sunday 5 April
Yes
Yes
Yes (Employees must freely elect to work)
Easter Monday
Monday 6 April
Yes
Yes
Yes (NES - Reasonable right to refuse)
Anzac Day
Saturday 25 April
Yes
Yes
Yes (Employees must freely elect to work)
CONTACT THE UNION - If you have any questions about your public holiday entitlements or the trading arrangements over the
Easter period, please speak to your Delegate, contact your Organiser or phone the SDA Office on (02) 4961 4694.