Victorian Consolidated Legislation

Public Holidays Act 1993 - SECT 10

Holiday entitlements

10. Holiday entitlements



(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).

(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;



* * * * *





   (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.

(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.

(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.