Victorians get three public holidays in December 2016:
- Christmas Day, Sunday 25 December 2016
- Boxing Day, Monday 25 December 2016; and
- Tuesday 27 December 2016
The Christmas day public holiday is either on
- the 25th;
- the Monday after Christmas Day when Christmas Day is a Saturday; or
- the Tuesday after Christmas Day when Christmas Day is a Sunday.
That meant the 27th was always a public holiday this year. The addition is Christmas Day itself.
What does it mean for my restaurant?
Under the Restaurant Industry Award and Hospitality Industry (General) Award, full time and part time employees are entitled to be paid an additional 50% loading on their ordinary hourly rate plus a substitute day off. However, this won’t apply because the Victorian has declared that Sunday as a public holiday instead. That means those employees get public holiday penalty rates (an extra 150% loading) but no substitute day off.
Sources: Fair Work Ombudsman email and Victoria Government Gazette, No. S 36, 25 November 2016 under the Public Holidays Act 1993.