• Holidays

    89. Public holidays

    89.1

    Employees will be entitled to the following public holidays:

    a. New Year's Day (1 January) or, if that day falls on a Saturday or Sunday, the following Monday;

    b. Australia Day (26 January) or, if that day falls on a Saturday or Sunday, the following Monday;

    c. Good Friday;

    d. Easter Monday;

    e. Anzac Day (25 April);

    f. The Queen's birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);

    g. Christmas Day (25 December) or, if that day falls on a Saturday or Sunday, 27 December; and

    h. Boxing Day (26 December) or, if that day falls on a Saturday or Sunday, 28 December.

    i. Any other day, or part-day (for example, the day variously called 'Eight Hour Day', 'Labour Day', or 'May Day'), declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part-day, or a kind of day or part-day, that is excluded by the Fair Work Regulations from counting as a public holiday.

       

    89.2

    Employees in Victoria will observe a full day holiday on the day the Victorian Government gazettes as the Melbourne Cup holiday.

       

    89.3

    If under a state or territory law, a day or part day is substituted for one of the public holidays listed above, then the substituted day or part day is the public holiday.

       

    89.4

    The Commissioner and an employee may agree on the substitution of a day or part day that would otherwise be a public holiday, having regard to operational requirements.

       

    89.5

    If a majority of affected employees agree, approval may be given for any other day to be substituted for any day prescribed as a holiday.

       

    89.6

    Approval may be given for an employee to substitute a cultural or religious day of significance to the employee for any day that is a prescribed holiday. If the employee cannot work on the prescribed holiday, the employee will be required to work make-up time at times to be agreed.

       

    89.7

    Where a public holiday falls during a period when an employee is absent on leave (other than Annual Leave, Purchased Leave, paid Personal Leave or War Service Sick Leave) there is no entitlement to receive payment as a public holiday. Payment for that day would be in accordance with the entitlement for that form of leave (e.g. if on Long Service Leave on half pay, payment is at half pay).

    90. Christmas closedown

    90.1

    The ATO will close its normal operations from 12 noon on the last working day before Christmas, with business resuming on the first working day after New Years Day.

       

    90.2

    Employees will be provided with time off for the working days between 12 noon on the last working day before Christmas and New Years Day and will be paid in accordance with their ordinary hours of work. Where an employee is absent on leave, payment for the Christmas closedown provision will be in accordance with the entitlement for that form of leave (e.g. if on Long Service Leave half pay, payment is at half pay).

       

    90.3

    There will be no deduction from Annual Leave, Purchased Leave or Personal Leave credits for the closedown days.

       

    90.4

    For the Christmas closedown for 2012, the ATO will close its normal operations from close of business Friday 21 December, with business resuming on the first working day after New Year's Day.

      Last modified: 02 Dec 2011QC 24167