9.00am, 7th April, 2020
Member clubs are advised of the following information regarding public holiday payments and stood down employees, applicable to the upcoming Easter and Anzac Day public holidays.
Public holidays are observed on the following days:
- Friday, 10th April 2020
- Saturday, 11th April 2020
- Sunday, 12th April 2020
- Monday, 13th April 2020
- Saturday, 25th April 2020
Payment of stood down employees
Under s.525 of the Fair Work Act 2009 (the Act), an employee who is entitled to be absent from employment is not taken to be stood down for that period.
Under s.116 of the Act, full and part-time employees who had ordinary hours on a public holiday will be entitled to their base rate of pay for those hours.
However, because an employee is stood down, they do not have “ordinary hours on the day.” Therefore, they will not be entitled to payment.
For further explanation of this payment, exceptions and intricacies, please read circular 20-050.
Subject to the legislation stating otherwise, the JobKeeper payment will subsidise some of the public holiday costs outlined above, for eligible clubs.
Clubs are also required to pay compulsory employer superannuation on any public holiday payments.
Annual and long service leave
An employee on annual or long service leave is not considered to be on leave on public holiday days. They will be paid for their absence on a public holiday instead, in accordance with s.116 of the Act, and their annual leave or long service leave will be recredited to the employee. The most prudent position is not to authorise any long service leave or annual leave on public holidays to avoid this situation.
Update on JobKeeper legislation
The Federal parliament is set to sit on Wednesday, 8 April 2020, and we expect the legislation to be finalised and passed as law. Once this legislation is enacted, ClubsNSW will provide you with further information about it.
For more information or any questions, please contact the ClubsNSW Members Enquiries Centre.