Standard Days
The following standard public holidays apply to employees:
- New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day, and
- the following days, as prescribed in Victoria: Australia Day, ANZAC Day, Queen’s Birthday and Labour Day, and
- Melbourne Cup Day or any other day substituted by Act of Parliament of Proclamation.
Holidays in lieu
When Christmas Day is a Saturday or a Sunday, a holiday in lieu shall be observed on 27 December.
When Boxing Day is a Saturday or Sunday, a holiday in lieu shall be observed on 28 December.
When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu shall be observed on the next Monday.
Additional days
Where in Victoria, public holidays are declared or prescribed on days other than those set out above, those days shall constitute additional holidays for the purpose of the VCEMEA.
Substitute days
An employer and their employees may agree to substitute another day for any prescribed public holiday. For this purpose, the consent of the majority of affected employees shall constitute agreement. An employer proposing such a substitution shall provide advice of the proposal in writing to effect affected employee not less than four weeks prior to the date on which the majority of the employees shall determine the question.
An agreement to substitute a public holiday shall be recorded in writing and be available to every affected employee.
If an agreement is made to substitute a public holiday and employee may, if the employee has reasonable grounds to do so, elect to refuse to work on the original prescribed public holiday. If an employee makes such an election, then the employee will be required to work on the relevant substituted day.