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CLAUSE NOTES
Statutory Holidays Amendment Bill 2010
Clause 1 A formal provision specifying the title of the
proposed Act. The Act amends the Statutory
Holidays Act 2000, by inserting provisions
ensuring that employees transferred to
coverage under the Fair Work Act 2009 continue
to receive the entitlements that they
traditionally enjoyed; ensuring that no other
employees are disadvantaged or advantaged by
these new arrangements; honouring the
commitment made at the Council for the
Australian Federation that Tasmania would
introduce the agreed national harmonised
arrangements for the observance of Anzac Day;
and ensuring proper remuneration for those
employees who have to work on Saturday 25
December.
Clause 2 A formal provision specifying the
commencement date of the Act.
The Act will commence on the day it receives
Royal Assent.
Clause 3 A formal provision, specifying the name of the
Act to be amended (the Statutory Holidays Act
2000), which is referred to throughout the Bill,
and these Clause Notes, as the "Principal Act".
Clause 4 This amends the Long Title of the Principal Act
to reflect that it now creates public holidays
throughout Tasmania and that Easter Tuesday is
not a generally observed public holiday.
Clause 5
Section 4(a) This subsection inserts a provision that makes
specific days, public holidays throughout
Tasmania. Additionally it facilitates the
operation of the following provision of the
National Employment Standards made under
section 115(1)(b) of the Fair Work Act 2009.
s115(1) The following are public holidays:
(b) any other day, or part-day, declared or
prescribed by or under a law of a State or Territory
to be observed generally within the State or
Territory, or a region of the State or Territory, as a
public holiday, other than a day or part-day, or a
kind of day or part-day, that is excluded by the
regulations from counting as a public holiday.
Section 4(b) This amendment omits the reference to Easter
Tuesday so that it does not become a statutory
holiday that is a generally observed public
holiday.
Section 4 (c)
New section (g)(i) This subsection substitutes the reference to the
Anzac Day statutory holiday and provides for
that day to be observed on the following
Monday when 25 April is a Sunday.
(g)(ii)This subsection substitutes the reference to the
Anzac Day statutory holiday and provides for
that day to be observed on the following
Tuesday when 25 April is Easter Monday.
Section 4(d)
New section (i) This amendment is effectively the same that
existed in the Principal Act. It provides for
Christmas Day to be observed on the 25th
December unless that day falls on a Sunday in
which case the day of observance is substituted
by the following Tuesday.
(ia) This subsection provides for an additional
holiday on the following Monday when the 25th
December is a Saturday.
It needs to be read in conjunction with section
5(d)(i) which provides for Christmas Day to be
observed on the 25th December when that day
is a Saturday (or any other day of the week
except Sunday).
Clause (6)
Section 5(a) This subsection inserts a provision that makes
specific days, full day public holidays in specific
areas of Tasmania. Additionally it facilitates the
operation of the following provision of the
National Employment Standards made under
section 115(1)(b) of the Fair Work Act 2009.
s115(1) The following are public holidays:
(b) any other day, or part-day, declared or
prescribed by or under a law of a State or Territory
to be observed generally within the State or
Territory, or a region of the State or Territory, as a
public holiday, other than a day or part-day, or a
kind of day or part-day, that is excluded by the
regulations from counting as a public holiday.
A general observation provision has not been
included to ensure that those statutory holidays
are only observed in the areas specified.
Section (5)(b) This subsection inserts a provision that makes
specific days, part day public holidays in specific
areas of Tasmania. Additionally it facilitates the
operation of the following provision of the
National Employment Standards made under
section 115(1)(b) of the Fair Work Act 2009.
s115(1) The following are public holidays:
(b) any other day, or part-day, declared or
prescribed by or under a law of a State or Territory
to be observed generally within the State or
Territory, or a region of the State or Territory, as a
public holiday, other than a day or part-day, or a
kind of day or part-day, that is excluded by the
regulations from counting as a public holiday.
A general observation provision has not been
included to ensure that those statutory holidays
are only observed in the areas specified.
Clause 7 Section 6 of the Principal Act is repealed
however due to the provisions in this Bill the
provisions that were contained at s6(a) are now
redundant. The previous section 6(b) is
repealed as this Bill creates entitlements.
Note that section numbers in Clause 7 of these clause
notes refer to new section numbers to be inserted in the
Principal Act.
Section 6(1) This subsection specifies the persons who are
entitled to observe Easter Tuesday by reference
to section 6 of the Industrial Relations
(Commonwealth Powers) Act 2009. It includes:
public sector employees, police officers,
Ministers, Members of Parliament, judicial
officers and their personal staff. It also includes
other classes of persons and employment
arrangements.
Section 6(2) This subsection creates a statutory entitlement
to observe the Easter Tuesday holiday for those
persons specified by section 6(1).
Section 6(3) This subsection makes it clear that those
persons who do not normally work on Easter
Tuesday are not entitled to compensation as a
result of the provisions of this Bill.
Section 6(4) This subsection prohibits the application of any
law or legal instrument from annulling the
application of the Easter Tuesday entitlement.
Section 6(5) This subsection enables terms and conditions to
be established for those persons who work on
Easter Tuesday.
Section 6A (1) For the avoidance of doubt, this subsection
reiterates that existing entitlements previously
enjoyed under the Principal Act are not
extinguished by this Bill.
Section 6A (2) For the avoidance of doubt, this subsection
reiterates that:
section 27(2)(j) of the Fair Work Act
2009 prohibits the state and
territories from creating entitlements
for any specific class of persons
referred under the Industrial Relations
(Commonwealth Powers) Act 2009; and
that it would be constitutionally invalid
for Tasmanian legislation to attempt
to override Commonwealth
legislation.
Clause 8 This section amends section 8(a) of the Principal
Act and reflects the previous provision that
Easter Tuesday is a bank holiday for the
purposes of reckoning of time under the Bills of
Exchange Act 1909. Despite it being a bank
holiday for this purpose, Easter Tuesday, while
being as statutory holiday, is not a public holiday
that is generally observed in Tasmania.
Clause 9 This is a standard repeal provision to remove
the empty shell of the Bill after all its provisions
have been transferred and come into effect in
the Principal Act.