If your workplace practices include either unilaterally or by majority agreement, replacing a public holiday with another date (for whatever reason), the plain-language re-drafting of the modern awards has made a significant decision removing this ability under the modern awards listed below.
In some cases, modern awards had allowed for the employer to unilaterally substitute a public holiday with a different date, or do so with majority agreement from the staff. Now, for consistency with the National Employment Standards (NES) from 4 October 2019, employers and employees must agree with these changes on an individual basis.
As an example, changes to the General Retail Award 2010, are:
- By deleting the sentence “An employer and a majority of employees may agree to substitute another day for a public holiday.” in clause 34.2 and inserting “An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.”
- By inserting clause 34.3 as follows:
34.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES. If either the part-day public holiday or the substitute-part day is worked, public holiday penalties must be paid. If both part-days are worked, one part-day at the election of the employee must be paid at public holiday rates.
- By inserting the following note at the end of clause 34:
NOTE: For provisions relating to part-day public holidays see Schedule F—Part-day Public Holidays.
- By inserting the following clause at the end of Schedule F—Part-day Public Holidays:
F.2 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
- By updating cross-references accordingly.
These changes apply from the first full pay period on or after 4 October 2019, to the following awards:
Aboriginal Community Controlled Health Services Award 2010 MA000115
Airline Operations-Ground Staff Award 2010 MA000048
Airport Employees Award 2010 MA000049
Alpine Resorts Award 2010 MA000092
Aluminium Industry Award 2010 MA000060
Ambulance and Patient Transport Industry Award 2010 MA000098
Aquaculture Industry Award 2010 MA000114
Architects Award 2010 MA000079
Asphalt Industry Award 2010 MA000054
Banking, Finance and Insurance Award 2010 MA000019
Black Coal Mining Industry Award 2010 MA000001
Broadcasting, Recorded Entertainment and Cinemas Award 2010 MA000091
Building and Construction General On-site Award 2010 MA000020
Business Equipment Award 2010 MA000021
Car Parking Award 2010 MA000095
Cement and Lime Award 2010 MA000055
Children’s Services Award 2010 MA000120
Cleaning Services Award 2010 MA000022
Clerks—Private Sector Award 2010 MA000002
Commercial Sales Award 2010 MA000083
Concrete Products Award 2010 MA000056
Contract Call Centres Award 2010 MA000023
Educational Services (Post-Secondary Education) Award 2010 MA000075
Educational Services (Schools) General Staff Award 2010 MA000076
Educational Services (Teachers) Award 2010 MA000077
Electrical Power Industry Award 2010 MA000088
Electrical, Electronic and Communications Contracting Award 2010 MA000025
Fast Food Industry Award 2010 MA000003
Food, Beverage and Tobacco Manufacturing Award 2010 MA000073
Gardening and Landscaping Services Award 2010 MA000101
General Retail Industry Award 2010 MA000004
Graphic Arts, Printing and Publishing Award 2010 MA000026
Hair and Beauty Industry Award 2010 MA000005
Health Professionals and Support Services Award 2010 MA000027
Higher Education Industry-Academic Staff-Award 2010 MA000006
Higher Education Industry-General Staff-Award 2010 MA000007
Horse and Greyhound Training Award 2010 MA000008
Horticulture Award 2010 MA000028
Hospitality Industry (General) Award 2010 MA000009
Hydrocarbons Industry (Upstream) Award 2010 MA000062
Joinery and Building Trades Award 2010 MA000029
Journalists Published Media Award 2010 MA000067
Labour Market Assistance Industry Award 2010 MA000099
Live Performance Award 2010 MA000081
Mannequins and Models Award 2010 MA000117
Manufacturing and Associated Industries and Occupations Award 2010 MA000010
Meat Industry Award 2010 MA000059
Mining Industry Award 2010 MA000011
Miscellaneous Award 2010 MA000104
Mobile Crane Hiring Award 2010 MA000032
Nursery Award 2010 MA000033
Nurses Award 2010 MA000034
Oil Refining and Manufacturing Award 2010 MA000072
Pastoral Award 2010 MA000035
Pest Control Industry Award 2010 MA000097
Pharmaceutical Industry Award 2010 MA000069
Pharmacy Industry Award 2010 MA000012
Plumbing and Fire Sprinklers Award 2010 MA000036
Poultry Processing Award 2010 MA000074
Premixed Concrete Award 2010 MA000057
Professional Employees Award 2010 MA000065
Quarrying Award 2010 MA000037
Racing Clubs Events Award 2010 MA000013
Racing Industry Ground Maintenance Award 2010 MA000014
Registered and Licensed Clubs Award 2010 MA000058
Restaurant Industry Award 2010 MA000119
Road Transport (Long Distance Operations) Award 2010 MA000039
Road Transport and Distribution Award 2010 MA000038
Salt Industry Award 2010 MA000107
Seafood Processing Award 2010 MA000068
Security Services Industry Award 2010 MA000016
Sporting Organisations Award 2010 MA000082
Storage Services and Wholesale Award 2010 MA000084
Surveying Award 2010 MA000066
Telecommunications Services Award 2010 MA000041
Textile, Clothing, Footwear and Associated Industries Award 2010 MA000017
Timber Industry Award 2010 MA000071
Transport (Cash in Transit) Award 2010 MA000042
Vehicle Manufacturing, Repair, Services and Retail Award 2010 MA000089
Waste Management Award 2010 MA000043
Wine Industry Award 2010 MA000090
Wool Storage, Sampling and Testing Award 2010 MA000044
If you’re unsure what action you need to take going forward with your employees, or need help updating your processes to reflect these changes, get in touch with our team today! We’re here to help!