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Christmas Day and New Year’s Day both fall on a Sunday this year. This means there will be some substitute and/or additional days recognised as public holidays. It also has implications for 26 December 2016 (Boxing/Proclamation Day) which falls on a Monday this year,

What is a public holiday for the purpose of the NES?

The National Employment Standards (“NES”) set out the public holidays that are observed across Australia. The NES provide that Christmas Day, Boxing Day and New Year’s Day are all public holidays. Additionally, the NES provide that any other day prescribed under a State or Territory law to be observed as a public holiday is also to be a public holiday. Moreover, any other days that are prescribed in an applicable industrial instrument (such as an enterprise agreement or policy) must also be recognised as public holidays.

Christmas Day

SA, WA, NT: Monday 26 December 2016 is a public holiday in addition to Sunday 25 December 2016.

VIC: Tuesday 27 December 2016 is a public holiday instead of Sunday 25 December 2016.

ACT, NSW, QLD, TAS: Tuesday 27 December 2016 is a public holiday in addition to Sunday 25 December 2016.

 

Boxing Day / Proclamation Day

SA, WA:  Tuesday 27 December 2016 is a public holiday in addition to Monday 26 December 2016.

NT: Tuesday 27 December 2016 is a public holiday instead of Monday 26 December 2016.

ACT, NSW, QLD, TAS, VIC: Monday 26 December 2016 is a public holiday.

 

New Year’s Day

In Tasmania, Monday 2 January 2017 is a public holiday instead of Sunday 1 January 2017. In all other states, Monday 2 January 2017 is a public holiday in addition to Sunday 1 January 2017.

 

Part-day Public Holidays in SA

Don’t forget, in SA there are two ‘part-day’ public holidays on Christmas Eve and New Year’s Eve from 7pm to midnight only. These periods are observed in addition to the national public holidays listed above.

 

Require further information/assistance?

If you require further information regarding how leave and/or payment is to be applied on these part- day public holidays, please contact your local Consultant at either our Adelaide or Melbourne offices.