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Liquid HR Team

Industrial Relations in Review – January 2019

Welcome to 2019! We hope you had a relaxing and enjoyable break and some downtime over the Christmas and New Year period.

We will be publishing a monthly IR update on our blog to ensure you are kept up to date on any key IR changes.

Have a particular topic or question you would like us to cover in our next blog? Email enquiries@liquidhr.com.au

New Fair Work Regulations – offsetting casual loading

Last year many employers were rightfully concerned when the Full Federal Court made a ruling that a fly in fly out worker was not a casual and therefore entitled to leave entitlements under the NES. It was also discussed that payment made as a ‘casual loading’ may not offset other entitlements (Workpac Pty Ltd v Skene [2018] FCAFC 131). Employers were worried that they may be required to not only pay potential employee leave entitlements, but that they could not offset the casual loading paid as part of this if a casual employee was deemed to actually be part-time or full-time.

To rectify this, changes have now been made to the Fair Work Regulations, which came into effect on 18 December 2018. The changes state that employers can now in certain circumstances claim an employee’s casual loading should be offset against leave entitlements owing.

2019 public holidays

Public holidays for this year are below. Remember, under the NES an employee is entitled to be absent from work on any of the below dates. If an employee is covered by an award or agreement that specifies public holiday rates when the employee works, you must ensure these are paid on the dates below.

Australian Capital Territory

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Monday 11 March – Canberra Day
  • Friday 19 April – Good Friday
  • Saturday 20 April – Easter Saturday
  • Sunday 21 April – Easter Sunday
  • Monday 22 April – Easter Monday
  • Thursday 25 April – Anzac Day
  • Monday 27 May – Reconciliation Day
  • Monday 10 June – Queen’s Birthday
  • Monday 7 October – Labour Day
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day

New South Wales

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Friday 19 April – Good Friday
  • Saturday 20 April – Easter Saturday
  • Sunday 21 April – Easter Sunday
  • Monday 22 April – Easter Monday
  • Thursday 25 April – Anzac Day
  • Monday 10 June – Queen’s Birthday
  • Monday 5 August – Bank Holiday (applies to banks and certain financial institutions)
  • Monday 7 October – Labour Day
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day

Northern Territory

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Friday 19 April – Good Friday
  • Saturday 20 April- Easter Saturday
  • Monday 22 April – Easter Monday
  • Thursday 25 April – Anzac Day
  • Monday 6 May – May Day
  • Monday 10 June – Queen’s Birthday
  • Monday 5 August – Picnic Day
  • Tuesday 24 December – Christmas Eve (from 7pm to midnight)
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day
  • Tuesday 31 December – New Year’s Eve (from 7pm to midnight)

Show days in Northern Territory

  • Friday 28 June – Borroloola Show Day
  • Friday 5 July – Alice Springs Show Day
  • Friday 12 July – Tennant Creek Show Day
  • Friday 19 July – Katherine Show Day
  • Friday 26 July – Darwin Show Day

Queensland

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Friday 19 April – Good Friday
  • Saturday 20 April – Easter Saturday
  • Sunday 21 April – Easter Sunday
  • Monday 22 April – Easter Monday
  • Thursday 25 April – Anzac Day
  • Monday 6 May – Labour Day
  • Wednesday 14 August – Royal Queensland Show – Brisbane Area Only
  • Monday 7 October – Queen’s Birthday
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day

South Australia

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Monday 11 March – March Public Holiday
  • Friday 19 April – Good Friday
  • Saturday 20 April – the day after good Friday (commonly called Easter Saturday)
  • Monday 22 April – Easter Monday
  • Thursday 25 April – Anzac Day
  • Monday 10 June – Queen’s Birthday
  • Monday 7 October – Labour Day
  • Tuesday 24 December – Christmas Eve (from 7pm to midnight)
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day / Proclamation Day
  • Thursday 31 December – New Year’s Eve (from 7pm to midnight)

Tasmania

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Monday 11 February – Royal Hobart Regatta (only observed in certain areas of the state)
  • Monday 11 March – Eight Hours Day
  • Friday 19 April – Good Friday
  • Monday 22 April – Easter Monday
  • Tuesday 23 April – Easter Tuesday (only applies under certain awards or registered agreements and to the state public service)
  • Thursday 25 April – Anzac Day
  • Monday 10 June – Queen’s Birthday
  • Monday 4 November – Recreation Day (all parts of the state which do not observe Royal Hobart Regatta)
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day

Victoria

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Monday 11 March – Labour Day
  • Friday 19 April – Good Friday
  • Saturday 20 April – Saturday before Easter Sunday
  • Sunday 21 April – Easter Sunday
  • Monday 22 April – Easter Monday
  • Thursday 25 April – Anzac Day
  • Monday 10 June – Queen’s Birthday
  • TBC – Friday before AFL Grand Final (subject to AFL schedule)
  • Tuesday 5 November – Melbourne Cup
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day

Western Australia

  • Tuesday 1 January – New Year’s Day
  • Monday 28 January – Australia Day (substitute day as Australia Day falls on a weekend)
  • Monday 4 March – Labour Day
  • Friday 19 April – Good Friday
  • Monday 22 April – Easter Monday
  • Thursday 25 April – Anzac Day
  • Monday 3 June – Western Australia Day
  • Monday 30 September – Queen’s Birthday (Some regional areas in WA hold the Queen’s Birthday public holiday on a different date)
  • Wednesday 25 December – Christmas Day
  • Thursday 26 December – Boxing Day

 

If you’d like to keep up with the latest Industrial Relations news, call us on 1300 887 458.