Part 10: Public holidays – Australia

 

TAX ALERT: PACMATE Annex 3.A, item 91.

5.10.1    Public holidays

1.

A member performing duty in Australia must observe certain days as public holidays, unless required for duty.

2.

A member is eligible for the same public holidays as an APS employee of the Department of Defence, at the location where the member performs duty.

Note: APS employees of the Department of Defence are entitled to other specified leave days and a Christmas stand-down, as well as public holidays. This subclause only refers to those days listed as public holidays.

See: Clause 5.10.2A, Christmas stand-down, for details of short absence when not required for duty granted to members over the Christmas period. 

3.

...

4.

A member might be performing duty away from their posting location. They observe a public holiday at the location where they are actually performing duty.

Example: A member posted to Wagga Wagga travels to Melbourne on temporary duty from 1 to 7 November. The member observes Melbourne Cup Day while in Melbourne.

5.

A member on recreation leave will not have their leave credit debited for public holidays that occur during the leave period. The public holidays observed will be those at the location where the member normally performs duty.

 

Note: The state and territory websites that show which public holidays are observed at the location where the member is performing duty can be found on the public holidays link on the pay and conditions home page. (This note is policy guidance.)

5.10.2    Substitution of public holidays

1.

A member may apply to the CDF to substitute a different day for a public holiday that they would otherwise observe.

2.

In deciding whether to grant the member’s application, the CDF must consider both of these criteria.

 

a.

Any Service requirement that the member remain on duty that day.

 

b.

If the substitute day is of cultural or religious significance to the member.

 

Persons who can make the decision under clause 5.10.2 on behalf of the CDF:

Supervisor not below WO2(E)/APS 4 of the member in the member’s direct chain of command or supervision

 

5.10.2A   Christmas stand-down

1.

Members are not required to attend for duty for the following periods.

 

Item

For the Christmas
stand-down of...

the stand-down commences on...

and ends on...

1.

2010-2011

24 December 2010

3 January 2011.

2.

2011-2012

24 December 2011

3 January 2012.

 

2.

The periods in subclause 1 include public holidays that fall within the period.

3.

A Commanding Officer may determine that the member must perform duty on a day listed in subclause 1. The Commanding Officer should consider if there are pressing operational, preparatory or safety needs that prevent the member from being absent.

4.

Absences are treated in accordance with the following table.

 

Item

If the day ...

the day is to be ...

1.

is a public holiday

granted under clause 5.10.1.

 

See: Clause 5.10.1, Public holidays

2.

is not a public holiday

treated as short absence when not required for duty.

 

 

 

Related Information: Clause 15.1.4A, Christmas stand-down, for arrangements that apply to members overseas

 

PACMAN                                                  AL13 (November 2011)                                               Chapter 5 – Part 10 – 1