PUBLIC HOLIDAYS ACT 1993 - SECT 10 Holiday entitlements
PUBLIC HOLIDAYS ACT 1993 - SECT 10
Holiday entitlementsS. 10(1AA) inserted by No. 55/2008 s. 8(1), substituted by No. 24/2009 s. 33(1).
(1AA) This section is of no effect to the extent that it is inconsistent with—
(a) the Fair Work Act 2009 of the Commonwealth;
(b) any instrument given effect to by the Fair Work Act 2009 of the Commonwealth;
(c) any instrument given continuing effect to by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth, being an instrument made under the Workplace Relations Act 1996 (as in force before the WR Act repeal day).
S. 10(1) amended by Nos 82/1994 s. 13(Sch. 2 item 6.2), 55/2008 s. 8(2).
(1) Despite any provision to the contrary made by or under any other Act or by any contract of employment or other agreement or arrangement relating to employment or by any employment agreement within the meaning of the Employee Relations Act 1992 , a person employed in Victoria—
(a) is entitled to a public holiday or public half‑holiday that applies to him or her without loss of pay;
S. 10(1)(b) amended by Nos 1/2003 s. 4,
96/2003 s. 16,
repealed by No. 55/2008 s. 8(3).
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(c) who ordinarily works from Monday to Friday only is not entitled to any payment in respect of, or time off in lieu of, a public holiday or public half-holiday that falls on a Saturday or Sunday unless he or she works on that day.
S. 10(2) amended by No. 82/1994 s. 13(Sch. 2 item 6.3).
(2) Nothing in subsection (1) affects a provision made by or under any Act, contract, agreement or arrangement referred to in that subsection requiring a person who is entitled to a particular public holiday or public half-holiday to work on that day or half-day on any terms and conditions specified in the provision.
S. 10(3) inserted by No. 24/2009 s. 33(2).
(3) In this section "WR Act repeal day" has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.