Know Your Rights - December 2016 Public Holidays - Penalty Rates Apply

02 December 2016

The following information is provided to give members clarity on the appropriate penalty rates that apply for shifts and overtime worked (including recalled to work) for the December 2016 public holidays.

Day

Public Holiday observed

Rate

Christmas Eve

24 December is a part-day public holiday from 7 pm to 12 midnight

Saturday, 24 December 2016

7pm - midnight

 

250% (150% Penalty)

for the period of that

part day public holiday

 

Christmas Day

25 December

Sunday 25 December 2016 AND

Monday, 26 December 2016

(additional day as 25 December falls on a Sunday) *

250% (150% Penalty)

 

Proclamation Day public holiday

26 December

Tuesday, 27 December

(additional day as 26 December is the Christmas Day public holiday)

 

250% (150% Penalty)

 

New Year's Eve

31 December is a part-day public holiday from 7 pm to 12 midnight

Saturday, 31 December 2016

7pm - midnight

 

250% (150% Penalty)

for the period of that

part day public holiday

 

New Year's Day

1 January

Sunday 1 January 2017 AND

Monday, 2 January 2017

(additional day as 1 January falls on a Sunday) *

250% (150% Penalty)

 


* The laws relating to Public Holidays are contained in the South Australia Public Holidays Act 1910. The formal advice from the Commissioner for Public Sector Employment regarding this is here.

For those employees who work over seven days and the Monday and Tuesday is their Rostered Day Off, the provisions of Clause 6.4 of the
SA Public Sector Salaried Employees Interim Award also apply.


Clause 6.2 Public Holiday Work of the SA Public Sector Salaried Employees Interim Award gives employees the choice of either being paid at the rate of double time and a half or as per clause 6.2.1.1(:) payment at the rate of time and a half and allowed an additional day off in lieu equivalent to the time worked, which may be taken in conjunction with annual leave.”