VIC Paid Day off for Public Holiday - Part Timer

[Chinchila1]

Hello, I work part time and am covered by the -Hospitality Industry (General) Award 2010 (Award) as a clerical worker. Am I entitled to a paid day off on a public holiday if that day falls on a regular work day for me? I have been told by my employer no I am not entitled to get paid if I do not work that day.

 

[Rod]

Yes, you should be paid holiday pay if you would normally work that day.

Might be best to just make diary notes and make a claim just before you leave (or within 6 years), else you might be looking for new employment.

 

[Chinchila1]

Thanks. Their response was that I have a registered agreement but I thought that doesn’t override the NES standards.

 

[Rod]

Not sure what you mean by 'registered agreement'.

There are:
1. Enterprise agreements (EA) - (also called EBA)
2. Awards
3. Employment contracts

Enterprise agreements can have different and better conditions than NES overall, however individual conditions can some times result in someone being worse off.

If there is EA, what is its name?

 

[Chinchila1]

I honestly have no Idea, this is what my contract states - Your employment is consistent with the terms and conditions of employment with the Hospitality Industry (General) Award 2010 (Award) and National Employment Standards. Your employment is also regulated by the Hospitality Industry (General) Award 2010 (Award) and the Fair Work Act 2009. This legislation applies to your employment as a matter of law and does not form part of your contract of employment with the Company

 

[Rod]

You are entitled to be paid for holidays on a day you would normally work.

 

[Chinchila1]

Thank you. What is my next step if they refuse to pay me.

 

[Rod]

Suggest do nothing, and make a claim when leaving for all unpaid days (keep a record), or just before 6 years is up.

Standing firm may see you lose your job over one day's pay.

 

[Chinchila1]

Would it be unfair dismissal if I lost my job over this?

 

[Rod]

Proving it is a problem, plus you are still out of work.