Melbourne Cup Day on Tuesday 7 November, is a public holiday across all of Victoria unless an alternate local holiday has been arranged by a non-metro municipality.
Under the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday.
Where agreement to substitute is reached, work performed on 7 November 2023 becomes a normal working day and is paid accordingly. VACC advises members to ensure that the details of any agreed substitution are retained in writing.
Penalty rates of pay for work performed on Public Holidays (where a substitute day has not been agreed between employer and employee) are as follows:
VRSR Award
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All full time and part time employees except console operators, driveway and roadhouse attendants and vehicle salespersons
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250 per cent of the minimum hourly rate, with a minimum payment of 4 hours
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All casual employees, except console operators, driveway, roadhouse attendants and vehicle salespersons
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275 per cent of the minimum hourly rate, with a minimum payment of 2 hours
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Full time and part time console operators, driveway and roadhouse attendants employed on a full-time basis (i.e., weekly hired):
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200 per cent of the minimum hourly rate, with a minimum payment of 3 hours
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Casual console operators, driveway, and roadhouse attendants:
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Flat rate applicable to Saturday, Sunday and public holidays is payable, with a minimum payment of 2 hours
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Vehicle Salespeople – full time and part time
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Double time and a half *
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Casual Vehicle Salespeople
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275 per cent of the minimum hourly rate of pay, with a minimum payment of 2 hours
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* Double time and a half for full-time and part-time salespersons means:
- If more than half a day is worked, half of the salesperson’s minimum weekly rate of pay prescribed under the Award - e.g., $995 divided by two, which equates to $497.50 for the public holiday worked.
- If half a day or less is worked, one quarter of the salesperson’s minimum weekly rate of pay prescribed under the Award - e.g., $995 divided by four, which equates to $248.75 for the public holiday worked (rounded to the nearest cent)
The relevant amount provided above is in addition to the appropriate minimum hourly rate paid to employees for hours worked during the remainder of the week.
Clerks Award
Employees are entitled to 250 per cent of the minimum hourly rate for hours worked, with a minimum payment of 4 hours’ pay.
Members seeking further information are encouraged to contact the Workplace Relations team on 03 9829 1123