Public Holidays Act 1993

In this Act—

The Governor in Council may, by Order published in the Government Gazette, declare the municipal district of a specified Council to be a metropolitan municipal district for the purposes of this Act.

1 January (New Year's Day);

the Monday after 1 January (New Year's Day) when New Year's Day is a Saturday or Sunday;

26 January (Australia Day) or the Monday after Australia Day when Australia Day is a Saturday or Sunday;

the second Monday in March (Labour Day);

Good Friday;

the Saturday before Easter Sunday;

Easter Sunday;

Easter Monday;

25 April (ANZAC Day);

the second Monday in June (the day on which the anniversary of the birthday of the Sovereign is observed);

the Friday before the Australian Football League Grand Final;

the first Tuesday in November (Melbourne Cup Day);

25 December (Christmas Day);

the Monday after Christmas Day when Christmas Day is a Saturday or the Tuesday after Christmas Day when Christmas Day is a Sunday;

26 December (Boxing Day);

the Monday after 26 December (Boxing Day) when Boxing Day is a Saturday or the Tuesday after Boxing Day when Boxing Day is a Sunday.

In addition to the days specified in section 6—

the Minister may, by notice published in the Government Gazette, appoint another one or more days or half-days as public holidays or public half-holidays;

A notice under subsection (1)(a) may be expressed so as to apply—

throughout the whole of the State or in a specified part of the State; or

to all persons to whom and bodies to which this Act applies or to a specified class of persons or bodies; or

as specified in both paragraphs (a) and (b).

Subject to section 8A, the Minister, by notice published in the Government Gazette, may—

declare that a day appointed—

as a public holiday under section 6; or

as a public holiday or public half‑holiday under section 7(1)(a); or

as a public holiday or public half‑holiday under this subsection—

appoint—

in the case of a public holiday, another day or 2 half-days;

in the case of a public half‑holiday, another half-day or day;

in the case of 2 public half‑holidays, another day—

A notice under subsection (1) may be expressed so as to apply—

throughout the whole of the State or in a specified part of the State; or

to all persons to whom and bodies to which this Act applies or to a specified class of person or body; or

as specified in both paragraphs (a) and (b).

The day, half-day or 2 half-days appointed under subsection (1) replaces or replace the public holiday, public half-holiday or public half-holidays for which the day, half-day or 2 half-days was or were substituted.

A non-metropolitan Council may request in writing that the Minister make a declaration under section 8(1)—

that the day appointed under section 6 being the first Tuesday in November (Melbourne Cup Day) is not in a specified year such a public holiday in the whole or any part of the municipal district of that Council; and

that another day or 2 half-days (one half-day of which may be Melbourne Cup Day) be appointed as a public holiday or 2 public half-holidays in that year.

A request under subsection (1) must—

be made at least 90 days before the Melbourne Cup Day to which the request relates; and

specify the day or 2 half-days of the substituted public holiday; and

specify the reasons for making the request.

In making a declaration on a request under subsection (1), the Minister must not appoint a Saturday or a Sunday as a public holiday or a public half-holiday.

A public holiday or 2 public half-holidays appointed under section 8(1) on a request under subsection (1) in respect of part of a municipal district of a Council applies or apply only in that part of the municipal district.

a day or half-day appointed under this Act as a public holiday or public half-holiday in any place must also be taken to be declared as a bank holiday or bank half-holiday (as the case requires) in that place; and

the Saturday in each week must be taken to be declared as a bank holiday throughout the whole of the State.

This section is of no effect to the extent that it is inconsistent with—

the Fair Work Act 2009 of the Commonwealth;

any instrument given effect to by the Fair Work Act 2009 of the Commonwealth;

any instrument given continuing effect to by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth, being an instrument made under the Workplace Relations Act 1996 (as in force before the WR Act repeal day).

Despite any provision to the contrary made by or under any other Act or by any contract of employment or other agreement or arrangement relating to employment or by any employment agreement within the meaning of the Employee Relations Act 1992, a person employed in Victoria—

is entitled to a public holiday or public half‑holiday that applies to him or her without loss of pay;

who ordinarily works from Monday to Friday only is not entitled to any payment in respect of, or time off in lieu of, a public holiday or public half-holiday that falls on a Saturday or Sunday unless he or she works on that day.

Nothing in subsection (1) affects a provision made by or under any Act, contract, agreement or arrangement referred to in that subsection requiring a person who is entitled to a particular public holiday or public half-holiday to work on that day or half-day on any terms and conditions specified in the provision.

In this section WR Act repeal day has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.