Page 1258 - Week 04 - Thursday, 8 May 2014
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2016 and 2017 when at least one of the relevant days falls on a weekend, In anticipation, the ACT government has now determined that it should, in recognition of the territory’s seven-day workforce, legislate to ensure that workers do not miss out on their public holiday entitlements and are able to reasonably refuse to work, to share time with their family and friends on these days.
The ACT is not going it alone in this regard. It is worth highlighting that at the end of May 2009, the New South Wales government commissioned Professor Joellen Riley to undertake a review of the Banks and Bank Holidays Act 1912. That review recommended, in part, changes to the observance of Christmas Day, Boxing Day and New Year’s Day when these days fell on a Saturday or a Sunday.
New South Wales has subsequently repealed the Banks and Bank Holidays Act and replaced it with the Public Holidays Act 2010 to permanently clarify the provision of public holidays. Therefore, as from 31 December 2011, 1 January and 25 and 26 December have all been standard public holidays in New South Wales. In addition, when any of these days fall on a weekend, there are additional public holidays the following Monday or Tuesday, as appropriate.
The government has considered a range of options but we believe that maintaining a public holiday regime consistent with New South Wales is the most preferred option. It is also consistent with best practice approaches and provides certainty into the future for both businesses and workers.
The Commerce and Works Directorate’s Shared Services has indicated that the cost to the ACT public service of penalty rates for a standard public holiday is approximately $468,000, excluding the operations of ACTION. Shared Services has also indicated that the cost to the ACT public service of penalty rates payable for a non-public holiday Saturday would increase by approximately $286,000 if the Saturday worked was a public holiday. Hence this will impact the 2015-16 financial year. There will be an additional increase if the Sunday worked is a public holiday.
While the increases in penalty costs are indicative, they do represent the quantum of cost to the government as a whole, spread across most directorates. However, in 2010, 2011 and 2012 when additional public holidays were declared, all relevant ACT government directorates absorbed this cost within their existing budgets. It is proposed that this be the case for future public holiday declarations.
It is difficult to quantify the financial impact on the private sector of any option that involves amending the act. Increasing the number of public holidays potentially creates up to an additional three days in which employers may need to pay the relevant loadings. It is anticipated this may affect the hospitality and health sectors, as well as some in the retail industry.
Therefore consultation was undertaken with employer and employee groups through the ACT Work Safety Council, with members present at a meeting on 17 May last year provided with seven weeks to provide written comment on the proposed changes to the act. No written responses were received. Employers are represented on the council by the ACT Council of Social Service, the Canberra Chamber of Commerce and Industry and the Master Builders Association.
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