Your penalty rates for Australia Day
This Australia Day nurses and midwives asked us to clarify what they’re entitled to. Dave from the Member Rights Centre at the NSW Nurses and Midwives’ Association has kindly collated this information to make sure you don’t miss out.
In New South Wales, the gazetted public holidays for December – January :
- 26 January 2022 – Australia Day
- 3 January 2022 – Additional Day
- 1 January 2022 – New Year’s Day
- 31 December 2021 – Nurses’ extra public holiday (public sector nurses only)
- 28 December 2021 – Additional Day
- 27 December 2021 – Additional Day
- 26 December 2021 – Boxing Day
- 25 December 2021 – Christmas Day
In the public health system, the entitlements for public holidays are set out in the Public Health System Nurses and Midwives’ (State) Award 2021 and depend upon your employment status and how you are rostered. The below table sets out a summary of the entitlements.
In each case, the public holidays rates are in substitution for any shift penalties that would normally have been paid.
In relation to full time employees who work on other than a seven day basis, a day worker is defined as working their ordinary hours from Monday to Friday inclusive and who commences work on or after 6AM and before 10AM each day. A shift worker is defined as not a day worker.
In relation to permanent part time employees, the award provides at 29.PART I.(v) that when a public holiday occurs on a day of the week on which an employee regularly works, that employee shall be entitled to observe the public holiday without loss of pay. The employee’s roster must not be changed to avoid payment for the public holiday.
In the private system, public holiday entitlements will differ from employer to employer. To find the award or enterprise agreement that applies to you please click here.
If there’s an issue with your public holiday pay please notify your manager or payroll office in the first instance to discuss this issue. NSWNMA can assist you if you’re unable to resolve the problem with your employer. Should you require advice about your public holiday entitlements please do not hesitate to contact our Information Team on 02 8595 1234 (Metro) or 1300 367 962 (Rural) or by emailing us at firstname.lastname@example.org