Your penalty rates this Australia Day 2021
In the lead up to Australia Day, nurses and midwives asked us to clarify what they’re entitled to. Pete 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 holiday for Australia Day is 26 January 2021.
In the public health system, the entitlements for public holidays are set out in the Public Health System Nurses and Midwives’ (State) Award 2019 and depend upon your employment status and how you are rostered. The below table sets out a summary of the entitlements
In relation to those full time employees who do not work on a seven day basis, a day worker is a worker who works their ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6AM and before 10AM, otherwise than as part of the shift system. A shift worker is a worker who is not a day worker.In each case, the pay rates are in place of any shift penalties that would have otherwise been paid had the day not been a public holiday.
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.