ACTU push for national public holidays highlights Christmas chaos

A push from the Australian Council of Trade Unions to make public holidays uniform across Australia has highlighted the chaos surrounding this year’s Christmas season, with Christmas falling on a weekend this year.

Whether State Governments grant a public holiday on the day, or a substitute later currently varies from state to state.

The issue has arisen as the ACTU criticises Victorian premier Ted Baillieu for not allowing Christmas Day itself to become a holiday, which would give workers penalty rates. Currently, Sunday the 25th is classified as just a normal Sunday.

“In every other state, workers will get an additional public holiday, while in Victoria workers will have to go to work for the normal Sunday rate,” president Ged Kearney said in a statement.

“This means not only will these Victorian workers miss out on spending one of the most important days of the year with family and friends, but they will not even be compensated fairly.”

Kearney says it would be in the best interests of employers and employees if there were a uniform approach so Sunday was treated as a public holiday.

“The most important thing is that by declaring 25 December to be a public holiday, under the National Employment Standards workers would be able to refuse to work on Christmas.”

The issue has highlighted just how chaotic the holidays can be when Christmas falls on a weekend.

It’s a complicated topic, but here’s a handy guide to the Christmas holiday season 2011-12.

Victoria

This year, Christmas falls on a Sunday. That day will not be a public holiday in Victoria, but instead will be held as a substitute day on Tuesday, December 27. Monday, December 26 – Boxing Day – will be a public holiday as usual.

For New Year’s Day, January 1 will be on a Sunday in 2012. Both that day and the next day, Monday January 2, will be public holidays.

Businesses are not permitted to open on Christmas Day, unless they fit into an exemption category. This includes shops that have 20 or fewer persons employed at any time, and businesses that have no more than 100 employees at any time during the seven days prior to Christmas.

However, some businesses are able to open whenever they want. These include chemists, petrol stations, restaurants, cafes, takeaway outlets, service providers and hire outlets.

New South Wales

Both December 25 and December 26 are public holidays, due to Christmas falling on a Sunday. However, the Boxing Day public holiday will be held on Tuesday, December 27.

Both January 1 and January 2 will be classed as public holidays next year.

Christmas Day and Boxing Day are both classed as restricted trading days. Exempt shops include small shops, businesses within the Sydney trading precinct, and holders of hotel licenses, along with businesses in certain government areas.

Businesses are able to find out if they can trade by visiting this website.

ACT

Although the Christmas Day public holiday has been moved to Monday, December 26, both it and December 25 will be classed as public holidays. Boxing Day will be a public holiday taking place on Tuesday, December 27.

Both January 1 and January 2 will be classed as public holidays.

Trading hours are deregulated in the ACT and therefore businesses can make their own decisions on when they want to open.

Queensland

Christmas Day will not be classed as a public holiday. Instead, the following day, Monday, December 26, will be a public holiday. Boxing Day is also a public holiday, to be held on Tuesday, December 27.

January 1 will not be a public holiday, but the next day, Monday, January 2, will be.

Queensland trading hours are extensive and complicated, with special rules applying in the four weeks before Christmas. Some businesses may be exempt, while others aren’t. There are also a number of different local government areas to keep in mind.

Businesses should visit this page and contact their local councils and the State Government to determine the days they will be allowed to trade.

Northern Territory

Christmas Day will not be a public holiday in the Northern Territory, only Tuesday, December 27, which is classed as Boxing Day. Only Monday, January 2 will be used as the New Year’s Day holiday.

Trading hours are mostly deregulated in the Northern Territory, except for certain stores that sell liquor.

South Australia

South Australian law dictates that if Christmas falls on a Sunday, both that day and the following Monday will be classed as public holidays. The Proclamation Day holiday will be held on Tuesday, December 27.

Both Sunday, January 1 and Monday January 2 will be classed as public holidays.

South Australian legislation states non-exempt shops such as supermarkets and department stores cannot open on public holidays, and they must also remain closed on January 1 as well.

Smaller shops and speciality shops can trade without restriction, but there are some shops that are only partially restricted – these need to contact the State Government to determine if they can trade.

Western Australia

December 25, December 26 and December 27 are all classed as public holidays in Western Australia, with the Boxing Day holiday to be held on the December 27. Both January 1 and January 2 will be public holidays also.

Western Australia has the most complicated trading restrictions. The current trading hours set by the Government for the metropolitan area are:

• Christmas Eve – 8am to 5pm
• Christmas Day – Closed
• Monday, 26 December – 10am to 5pm
• Tuesday, 27 December – 8am to 5pm
• Wednesday, 28 December – Friday, 30th December – 8am to 9pm
• Saturday, 31 December – 8am to 5pm
• Sunday, 1 January – 10am to 5pm
• Monday, 2 January – 8am to 5pm

Businesses need to contact the State Government to see which area they are trading in, whether they have any restrictions imposed and whether they can be granted a permit.

Tasmania

December 25, 26 and 27 will all be public holidays, although the Christmas Day holiday will be on December 27, with Boxing Day still on December 26. Only Monday, January 2 will be used as a public holiday for New Year’s Day.