Melbourne Monday Public Holiday

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Jodee Bouman

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Aug 3, 2024, 5:10:32 PM8/3/24

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The Fair Work Ombudsman has industrial jurisdiction for the South Australian private sector workforce. Enquiries relating to rates of pay and entitlements for working on public holidays should be directed to the Fair Work Ombudsman.

Public holidays in Australia refer to the holidays recognised in law in Australia. Although they are declared on a state and territory basis, they comprise a mixture of nationally celebrated days and holidays exclusive to the individual jurisdictions.

Public holidays function as non-working days, with workers generally receiving full paid leave independently of annual leave. Those working on public holidays receive additional penalty rates of pay.[1] Where they fall on a weekend, public holidays are generally declared in lieu for the following Monday.

Statutory holidays in Australia are based on varying religious, cultural and civic observations. Christian celebrations, namely Christmas and Easter, are some of the most significant ones observed. A Labour Day is observed in each state and territory, although it is varied in date. There are two significant national days, Australia Day (26 January) and Anzac Day (25 April), which are nationwide public holidays.

Traditionally, Australians in employment (whether in the public or private sector) have had the right to take a public holiday off work with regular pay. In recent years[when?] this tradition has changed somewhat. For example, businesses that normally open on a public holiday may request employees to work on that day. Employers can deny employees a holiday only on reasonable business grounds.[citation needed]

If a standard public holiday falls on a weekend, a substitute public holiday will sometimes be observed on the first non-weekend day (usually Monday) after the weekend, whether by virtue of the public holiday legislation or by ad hoc proclamation. Workers required to work on a public holiday or substituted public holiday will usually be entitled to remuneration at a holiday penalty rate.

Holidays that always fall on a particular day of the week are not listed in this table. Prior to 2008, Victorian law only specified substitute holidays for New Year and Boxing Day, and only if they fell on a Sunday.[28] From 2008, Victorian law specifies the substitute holidays in the table above.[24]

Since Easter Monday can occur as late as 26 April it is possible for the Easter Monday holiday to coincide with Anzac Day, as occurred in 2011. State Acts do not give a provision to separate the days when this occurs, so no additional public holiday is given by law. However an extra day is usually proclaimed by the minister, so as to have a steady number of public holidays each year[29].[30][31][32] In the year 2038, Anzac Day will coincide with Easter Sunday.

Recorded celebrations of the 26 January date back to 1808 in Australia, and in 1818, Governor Lachlan Macquarie held the first official celebration of Australia Day.[34] 26 January was chosen because it is the day of the establishment of the first British settlement at Port Jackson by Captain Arthur Phillip in 1788.[35] It was made a public holiday in New South Wales in 1836, and Victoria adopted the day as a public holiday in 1931. The 26 January commenced to be recognised by all states and territories as Australia Day in 1935 (pre 150th Anniversary) and all States except SA observed it from the 1888 centenary.

Labour Day commemorates the achievements of the Australian labour movement. The celebration of Labour Day has its origins in the eight-hour day movement, which advocated eight hours for work, eight hours for recreation, and eight hours for rest. On 21 April 1856 Stonemasons and building workers on building sites around Melbourne, Australia, stopped work and marched from the University of Melbourne to Parliament House to achieve an eight-hour day. Their direct action protest was a success, and they are noted as the first organised workers in the world to achieve an eight-hour day with no loss of pay, which subsequently inspired the celebration of Labour Day and May Day. In Tasmania the public holiday is called Eight Hours Day and in the Northern Territory it is called May Day.

The Labour Day public holiday varies considerably between the various states and territories. It is the first Monday in October in the Australian Capital Territory, New South Wales and South Australia. In Western Australia, it is the first Monday in March. In both Victoria and Tasmania, it is the second Monday in March. In the Northern Territory, and in Queensland[4] it is the first Monday in May. More than 80 countries celebrate Labor Day. Labor Day is a long weekend.

ANZAC Day is a day on which the country remembers those citizens who fell fighting or who served the country in wars. ANZAC Day is commemorated on 25 April every year. The tradition began to remember the Australian and New Zealand Army Corps (ANZAC) soldiers who landed at Gallipoli in Turkey during World War I.

ANZAC Day commemoration features marches by veterans and by solemn "Dawn Services", a tradition started in Albany, Western Australia on 25 April 1923 and now held at war memorials around the country, accompanied by thoughts of those lost at war to the ceremonial sounds of The Last Post on the bugle. The fourth stanza of Laurence Binyon's poem For the Fallen (known as the "Ode of Remembrance") is often recited.

In all states and territories except Queensland[4] and Western Australia, the King's Birthday is observed on the second Monday in June. Because Western Australia celebrates Western Australia Day (formerly Foundation Day) on the first Monday in June, the Governor of Western Australia proclaims the day on which the state will observe the King's Birthday, based on school terms and the Perth Royal Show.[37] There is no firm rule to determine this date before it is proclaimed, though it is typically the last Monday of September or the first Monday of October: in 2011 the King's Birthday holiday in Western Australia was moved from Monday, 3 October 2011 to Friday, 28 October 2011 to coincide with the Commonwealth Heads of Government Meeting (CHOGM), which was held in Perth.[38] In parts of the Pilbara, it is celebrated on a different date from the rest of Western Australia, and it may even be celebrated on different dates in different parts of the Pilbara.[39] In Queensland, it is celebrated on the 1st Monday in October.[4]

The day has been celebrated since 1788, when Governor Arthur Phillip declared a holiday to mark the birthday of King George III. Until 1936 it was held on the actual birthday of the Monarch, but after the death of King George V, it was decided to keep the date at mid-year.

On that day the "King's Birthday honours list" is released naming new members of the Order of Australia and other Australian honours. This occurs on the date observed in the Eastern States, not the date observed in Western Australia.

The King's Birthday weekend and Empire Day, 24 May, were long the traditional times for public fireworks displays in Australia. Although they still occur, the tradition has recently been overshadowed by larger New Year's Eve fireworks, as the sale of fireworks to the public was banned by the states in the 1980s, and in the ACT as of 24 August 2009.[40] In the Northern Territory fireworks remain available to the public on 1 July for the celebration of Territory Day.

Christmas is observed on 25 December each year to commemorate the birth of Jesus. In Australia, it was introduced with British settlement in 1788 as the cultural norms were transferred to the new colonies.

Boxing Day is noted for the start of the post-Christmas sale season. The day has also become a significant sporting day. Melbourne hosts the Boxing Day Test match; the Sydney to Hobart Yacht Race also starts on this day.

The days are set in the Holidays Act 1983.[44] Most public holidays include a second public holiday on a week-day if they happen to fall on Saturday or Sunday. In which case, both days are public holidays.[45]

Because of the variable days of Easter, Anzac day could fall on an Easter holiday. When Anzac day falls on a Saturday, there is no week day public holiday. In such situations it is generally expected that the minister will proclaim extra public holidays on week-days to ensure every year has the same number of public holidays on week-days.

The minister of the state may proclaim and adjustments or additions, such as the date of the Brisbane Ekka Show day holiday. This day has historically always been proclaimed for the second Wednesday in August, except if there are five Wednesdays in August, in which case it is the third Wednesday in August.[45]

Public holidays generally follow the national pattern, but special cases are resolved by the State Government and advised by proclamation. Details of future holidays can be found on the NSW Industrial Relations website. Public holidays are regulated by the New South Wales Public Holidays Act 2010 No 115, which supersedes the Banks and Bank Holidays Act 1912 No 43.

Most New South Wales public holidays are public holidays in the Australian Capital Territory, with the addition of Canberra Day and Reconciliation Day, which holiday falls on the Monday closest to 27 May.

Victorian employees fall under the Workchoices system either as coming within the Commonwealth constitutional power (called "constitutional corporation employees") or because of Victoria's referral of its legislative powers to the Commonwealth for particular workplace relations matters.

Employees not covered by a federal award or agreement are entitled to public holidays under the Victorian Public Holidays Act 1993. Also, all permanent employees not covered by a federal award or agreement who would normally work on a public holiday (or a substitute public holiday) are entitled to the holiday without loss of pay. Their employers are not required to provide additional payment if they work on a public holiday, but this does not exclude the possibility of employees and employers negotiating for additional pay.