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Presented by NSW Industrial Relations
Welcome to a NSW Industrial Relations
Webinar
Public Holidays, Trial and Unpaid Work
Timeline of key events
National Employment Standards
Public Holidays
Trial Work and Unpaid Work – General Discussion
Useful links and contacts
Topics Covered
Timeline of Key Events 1 January 2010
National Industrial Relations System and the 10 National Employment Standards commenced for all NSW private sector employers and employees.
Modern awards apply for employers in the federal system prior to this date.
1 February 2011
Modern awards apply for employers who were in the NSW award system prior to 1 January 2010.
Public Holidays, Trial Work and Unpaid Work
1. Hours of Work
2. Requests for Flexible Work Arrangements
3. Parental Leave
4. Annual Leave
5. Personal/Carer’s and Compassionate Leave
6. Community Service Leave
7. Long Service Leave
8. “Public Holidays”
9. Notice of Termination and Redundancy
10. Fair Work Information Statement
Introduction to the National Employment Standards (the NES)
For additional information concerning the NES:
Pre-recorded webinar on NSW Industrial Relations www.industrialrelations.nsw.gov/Workshops/IR Webinars.page
Best Practice Guide on Small Business and the Fair Work Act – No. 7 www.fairwork.gov.au/resources
National Employment Standards (NES)
“Public Holidays”
Public Holidays in NSW are provided for in:
National Employment Standards (Division 10 Fair Work Act 2009)
Meaning of a Public Holiday
Right to be absent
Payment for absence
NSW Public Holidays Act 2010
Standard Public Holidays
Additional Public Holidays
Substitute Days
Modern Awards
Additional Penalty Payment
Substitute Days
NES Division 10: Public Holidays
NES Meaning of Public Holidays (Division 10 )
The NES recognises the following as public holidays
25 December - Christmas Day 26 December – Boxing Day
1 January – New Years Day 26 January – Australia Day
Good Friday - as advised Easter Monday – as advised
25 April – Anzac Day Queens Birthday – as advised
Any other day, or part day, declared or prescribed by or under a law of a state or territory to be observed generally within a state or territory or a region of a state or territory.
NES Division 10: Public Holidays
Right to be Absent from Employment on a public holiday:
An employee is entitled to be absent from his or her employment on a day or part day that is a public holiday in the place where the employee is based for work purposes
However an employer may request an employee to work on a public holiday if the request is reasonable
The employee may refuse the request if:
The request is not reasonable; or
The refusal is reasonable.
NSW Public Holidays Act 2010
Standard Public Holidays are declared for the whole NSW state:
New Years Day: Additional day declared if on a Saturday or Sunday
Australia Day (26 January): No Public Holiday if on a Saturday or Sunday BUT the following Monday will be gazetted
Good Friday: The day publicly observed as Good Friday
Easter Saturday: The day after Good Friday
Easter Sunday: The Sunday following Good Friday
Easter Monday: The Monday following Good Friday
NSW Public Holidays Act 2010
Standard Public Holidays are declared for the whole NSW state (cont):
Anzac Day (25 April)
Queens Birthday: Second Monday in June
Labour Day: First Monday in October
Christmas Day (25 December): If Saturday or Sunday an additional public holiday the following Monday or Tuesday
Boxing Day (26 December): If a Saturday or Sunday an additional day (public holiday) the following Monday or Tuesday
NSW Public Holidays Act 2010
Additional Days:
The Minister may by order publish on the NSW Legislation Website (www.legislation.nsw.gov.au) , declare a whole day or part day in a particular year for the whole of the state or a specified part of the state which are know as local public holidays ie The Albury Cup
Substitute Days:
The Minister may declare a day or part day in substitution
A substitution day then would be the public holiday and not the original day
The order must be made 7 days before the original public holiday and the substitution day
A local event day is not a public holiday
Modern Award Provisions
A modern award may provide/allow for the ability to substitute that day for another day
A modern award may provide for a penalty payment in addition to the ordinary hours payment for all time worked on a public holiday
Modern awards do not prescribe the meaning of a public holiday
refer to the National Employment Standards (NES)
No additional public holidays and picnic days
Casuals are not entitled to payment for a public holiday unless they work that day
Public Holidays Record Keeping
Record Keeping:
Full records of any penalty or overtime payment details must be kept for all employees
All components of pay must be shown on payslips
For any additional information regarding the NES please contact Fair Work Ombudsman (FWO) on 13 13 94
Gazetted NSW Public Holidays may be accessed at: www.industrialrelations.nsw.gov.au or by calling 13 16 28
Trial, Unpaid Work and
Internships
Trial Work, Unpaid Work and
Internships
Trial Work
There is no such thing as unpaid trial work
An employer is not permitted to offer unpaid trial work to a prospective employee
An employer can request an employee to demonstrate skills required for a position for example a test of appropriate computer skills or the ability to make coffee (barista)
However if work is performed during a trial period, all work performed must be paid and at the relevant award rate of pay, this includes any training and/or attendance at meetings
Employees are also entitled to other employment conditions provided for under the NES, applicable modern award or enterprise agreement.
Trial Work, Unpaid Work and
Internships
Unpaid Work
Unpaid work may only be performed if it is in associated with a recognised educational institute or is a genuine volunteering arrangement. The arrangement should be in writing under some sort of ‘work experience’ program
Unpaid work may include:
Work experience, such as high school students or university students
Vocational placements associated with an educational course
Volunteering, generally in charitable and community service organisations
Internships, which forms part of an educational or university degree requirement
Note: If work performed is not a prerequisite of an educational course, then it cannot be unpaid
Trial Work, Unpaid Work and
Internships (cont.)
Things to Remember:
There is no such thing as unpaid trial work or an unpaid internship, even if the person wants to gain work experience.
If work performed is not a prerequisite of an educational course, then it should not/cannot be unpaid.
Apprenticeships and traineeships cannot and do not form part of unpaid vocational placements.
Check your applicable modern award as it may contain provisions regarding payment/s for some vocational placements.
An individual is entitled to recover unpaid wages for any period of unpaid trial work or unauthorised work experience, as the individual will generally be classed/deemed as an employee.
Fair Work General Protections covers current and prospective employees .
NSW IR Services
Workshop and Webinar Programs
NSW IR is helping NSW businesses better understand how the national workplace relations system works through a comprehensive employer information program.
NSW IR’s team of experts conduct free face-to-face workshops and seminars and also live and recorded online webinars on the Fair Work Act and other important workplace issues.
Further information on our current program and online registration may be found at: www.industrialrelations.nsw.gov.au/Workshops.page
NSW IR Telephone Service 13 16 28 for enquiries relating to Long Service Leave, Public Holidays and the Taxi and Entertainment Industry.
Useful Information and Contacts
NSW IR Contacts and Services NSW IR is working with NSW businesses to help them better
understand their rights and responsibilities as an employer. Through a comprehensive workshop and webinar program NSW IR are providing employers with information and tools to deal with Industrial Relations issues and Human Resource issues
Face to Face IR and HR Workshops include:
Industrial Relations: Human Resources: Rights and Responsibilities Managing Employees Workplace issues for Bookkeeper and Payroll Writing Workplace Policies Various Modern Awards workshops including: Bullying in the Workplace
Health Professionals Workplace Negotiations Children’s Services
Useful Information and Contacts
NSW IR Services and Contacts NSW IR is able to provide partnership arrangements with stakeholders in NSW to deliver education and information services on IR/HR topics
NSW IR Advisers
Toni Minovski Wollongong, Southern, Central and Southwest NSW [email protected]
David Madden Central coast, Hunter, Central, Northern and Northwest NSW [email protected]
Chemele Burge Sydney Metropolitan NSW [email protected]
Useful Information and Contacts
NSW Industrial Relations - 13 16 28 Live and recorded webinars Workshop Program Long Service Leave Public Holidays www.industrialrelations.nsw.gov.au
Fair Work Ombudsman - 13 13 94 Fact Sheets, templates, pay tools and other resources for employers www.fairwork.gov.au
Fair Work Commission Modern Awards Fair Work Act 2009 Enterprise Agreements & Unfair Dismissals
www.fwc.gov.au
