Public Holidays Act 1993 (Victoria)

The Public Holidays Act 1993 (Vic) establishes a statutory framework for the declaration, variation and employee entitlement to public holidays and public half-holidays throughout Victoria. At its core, s.6 appoints a fixed list of 13 days (or parts of days) as public holidays. These comprise New Year’s Day (and the Monday following when it falls on a weekend), Australia Day (similarly adjusted), Labour Day (second Monday in March), Good Friday, the Saturday before Easter Sunday, Easter Sunday (inserted by the Public Holidays Amendment Act 2019), Easter Monday, ANZAC Day, the Queen’s Birthday (second Monday in June), the Friday before the AFL Grand Final (inserted 2019), Melbourne Cup Day (first Tuesday in November), Christmas Day (with Monday or Tuesday substitution when it falls on a weekend), and Boxing Day (with similar weekend adjustment).

Section 7 empowers the Minister to appoint additional public holidays or half-holidays by Gazette notice. Such notices may be statewide or limited geographically, and may apply to all or only specified classes of persons or bodies (s.7(2)). The Minister may also, under s.8, declare that any holiday appointed under s.6 or s.7 will not be observed in a given year and substitute another day or half-day(s). A substituted day replaces the original for all purposes (s.8(3)).

A discrete regime exists for non-metropolitan councils under s.8A. Such a council may request the Minister to treat Melbourne Cup Day as non-holiday within its municipal district (or part thereof) and to substitute another day or half-days. The request must be made at least 90 days in advance, must specify the substitute and give reasons, and the Minister is prohibited from appointing a Saturday or Sunday as the substitute (s.8A(3)). Any such substitution applies only to the relevant part of the municipal district (s.8A(4)).

Version No. 027

Public Holidays Act 1993

No. 119 of 1993

Version incorporating amendments as at
6 April 2020

table of provisions

Section Page

1 Purpose 1

2 Commencement 1

3 Definitions 1

5 Act to bind Crown 2

6 Public holidays 2

7 Additional public holidays 3

8 Substituted public holidays 4

8A Council may request substitute holiday for Melbourne Cup Day 5

9 Bank holidays 6

10 Holiday entitlements 6

11 Regulations 8

Schedule—Metropolitan municipal Councils 9

Endnotes 10

1 General information 10

2 Table of Amendments 12

3 Amendments Not in Operation 14

4 Explanatory details 15

Version No. 027

Public Holidays Act 1993

No. 119 of 1993

Version incorporating amendments as at
6 April 2020

The Parliament of Victoria enacts as follows:

1 Purpose

The purpose of this Act is to make new provision with respect to public holidays in Victoria.

2 Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3 Definitions

(1) In this Act—

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 83).

Council has the same meaning as in the Local Government Act 2020;

metropolitan municipal district means the municipal district of a Council specified in the Schedule or a municipal district declared by the Governor in Council under subsection (2) to be a metropolitan municipal district for the purposes of this Act;

non-metropolitan Council means a Council that does not have a metropolitan municipal district.

(2) 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.

S. 3(3) inserted by No. 86/1998 s. 24, amended by No. 59/2003 s. 123, repealed by No. 74/2006 s. 28.

S. 4 amended by No. 82/1994 s. 13(Sch. 2 item 6.1), repealed by No. 55/2008 s. 4.

5 Act to bind Crown

This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

S. 6 amended by Nos 1/2003 s. 3, 96/2003 s. 16, substituted by No. 55/2008 s. 5.

6 Public holidays

The following days are appointed as public holidays—

(a) 1 January (New Year's Day);

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

(d) the second Monday in March (Labour Day);

(e) Good Friday;

(f) the Saturday before Easter Sunday;

S. 6(fa) inserted by No. 29/2019 s. 3(1).

(fa) Easter Sunday;

(g) Easter Monday;

(h) 25 April (ANZAC Day);

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

S. 6(ia) inserted by No. 29/2019 s. 3(2).

(ia) the Friday before the Australian Football League Grand Final;

(j) the first Tuesday in November (Melbourne Cup Day);

S. 6(k) substituted by No. 29/2019 s. 3(3).

(k) 25 December (Christmas Day);

S. 6(ka) inserted by No. 29/2019 s. 3(3).

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

(l) 26 December (Boxing Day);

(m) 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.

7 Additional public holidays

(1) In addition to the days specified in section 6—

(a) 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;

S. 7(1)(b) repealed by No. 55/2008 s. 6.

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

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

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

S. 7(3)–(5) repealed by No. 55/2008 s. 6.

S. 8
amended by No. 100/1995 ss 47, 48, substituted by No. 55/2008 s. 7.

8 Substituted public holidays

S. 8(1) amended by No. 22/2011 s. 3(1).

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

(a) declare that a day appointed—

(i) as a public holiday under section 6; or

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

(iii) as a public holiday or public half‑holiday under this subsection—

is not in a specified year such a holiday; and

(b) appoint—

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

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

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

as a public holiday or public half‑holiday in that year.

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

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

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

S. 8(3) substituted by No. 22/2011 s. 3(2).

(3) 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.

S. 8(4)–(6) repealed by No. 22/2011 s. 3(2).

S. 8A inserted by No. 22/2011 s. 4.

8A Council may request substitute holiday for Melbourne Cup Day

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

(a) 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

(b) 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.

(2) A request under subsection (1) must—

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

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

(3) 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.

(4) 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.

9 Bank holidays

For the purposes of the Bills of Exchange Act 1909 of the Commonwealth—

(a) 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

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

10 Holiday entitlements

S. 10(1AA) inserted by No. 55/2008 s. 8(1), substituted by No. 24/2009 s. 33(1).

(1AA) This section is of no effect to the extent that it is inconsistent with—

(a) the Fair Work Act 2009 of the Commonwealth;

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

(c) 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).

S. 10(1) amended by Nos 82/1994 s. 13(Sch. 2 item 6.2), 55/2008 s. 8(2).

(1) 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—

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

S. 10(1)(b) amended by Nos 1/2003 s. 4, 96/2003 s. 16,
repealed by No. 55/2008 s. 8(3).

(c) 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.

S. 10(2) amended by No. 82/1994 s. 13(Sch. 2 item 6.3).

(2) 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.

S. 10(3) inserted by No. 24/2009 s. 33(2).

(3) 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.

11 Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

Ss 12–16 repealed by No. 100/1995 s. 49.

Sch. substituted by No. 100/1995 s. 50.

Schedule—Metropolitan municipal Councils

Banyule	Maribyrnong
Bayside	Maroondah
Boroondara	Melbourne
Brimbank	Melton
Cardinia	Monash
Casey	Moonee Valley
Darebin	Moreland
Frankston	Mornington Peninsula
Glen Eira	Nillumbik
Greater Dandenong	Port Phillip
Hobsons Bay	Stonnington
Hume	Whitehorse
Kingston	Whittlesea
Knox	Wyndham
Manningham	Yarra

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 28 October 1993

Legislative Council: 11 November 1993

The long title for the Bill for this Act was "A Bill to make new provision with respect to public holidays in Victoria, to repeal the Bank Holidays Act 1958, to amend the Public Sector Management Act 1992, the Teaching Service Act 1981 and the Shop Trading Act 1987, to make consequential amendments to certain other Acts and for other purposes.".

The Public Holidays Act 1993 was assented to on 7 December 1993 and came into operation on 7 December 1993: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Public Holidays Act 1993 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Employee Relations (Amendment) Act 1994, No. 82/1994

Assent Date:	29.11.94
Commencement Date:	S. 13(Sch. 2 items 6.1–6.3) on 11.5.95: Government Gazette 11.5.95 p. 1093
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995

Assent Date:	5.12.95
Commencement Date:	Pt 18 (ss 47–50) on 5.12.95: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

Local Government (Governance and Melton) Act 1998, No. 86/1998

Assent Date:	17.11.98
Commencement Date:	S. 24 on 1.7.99: Government Gazette 17.6.99 p. 1406
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

Public Holidays and Shop Trading Reform Acts (Amendment) Act 2003, No. 1/2003

Assent Date:	2.4.03
Commencement Date:	Ss 3, 4 on 3.4.03: s. 2
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

Victorian Urban Development Authority Act 2003, No. 59/2003

Assent Date:	16.6.03
Commencement Date:	S. 123 on 1.8.03: Government Gazette 31.7.03 p. 2125
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

ANZAC Day (Amendment) Act 2003, No. 96/2003

Assent Date:	2.12.03
Commencement Date:	S. 16 on 3.12.03: s. 2
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006

Assent Date:	10.10.06
Commencement Date:	S. 28 on 1.7.07: Government Gazette 28.6.07 p. 1303
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

Public Holidays Amendment Act 2008, No. 55/2008

Assent Date:	23.9.08
Commencement Date:	24.9.08: s. 2
Current State:	All of Act in operation

Fair Work (Commonwealth Powers) Act 2009, No. 24/2009

Assent Date:	17.6.09
Commencement Date:	S. 33 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

Public Holidays Amendment Act 2011, No. 22/2011

Assent Date:	7.6.11
Commencement Date:	8.6.11: s. 2
Current State:	All of Act in operation

Public Holidays Amendment Act 2019, No. 29/2019

Assent Date:	10.9.19
Commencement Date:	11.9.19: s. 2
Current State:	All of Act in operation

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 83) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Public Holidays Act 1993

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

No entries at date of publication.

1 Public Holidays Act 1993

Version No. 027

Public Holidays Act 1993

No. 119 of 1993

Version incorporating amendments as at
6 April 2020

table of provisions

Section Page

1 Purpose 1

2 Commencement 1

3 Definitions 1

5 Act to bind Crown 2

6 Public holidays 2

7 Additional public holidays 3

8 Substituted public holidays 4

8A Council may request substitute holiday for Melbourne Cup Day 5

9 Bank holidays 6

10 Holiday entitlements 6

11 Regulations 8

Schedule—Metropolitan municipal Councils 9

Endnotes 10

1 General information 10

2 Table of Amendments 12

3 Amendments Not in Operation 14

4 Explanatory details 15

Version No. 027

Public Holidays Act 1993

No. 119 of 1993

Version incorporating amendments as at
6 April 2020

The Parliament of Victoria enacts as follows:

1 Purpose

The purpose of this Act is to make new provision with respect to public holidays in Victoria.

2 Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3 Definitions

(1) In this Act—

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 83).

Council has the same meaning as in the Local Government Act 2020;

non-metropolitan Council means a Council that does not have a metropolitan municipal district.

The Act affects four broad classes of stakeholder.

First, all employers and employees within Victoria. Section 10(1) expressly applies to “a person employed in Victoria” and overrides any contrary provision in contracts, awards or agreements (subject to the federal consistency clause). This captures the entire Victorian workforce, whether public or private sector, full-time, part-time or casual (though casual loading may interact with federal instruments).

Second, the Crown. Section 5 binds the Crown “not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.” This extends the Act’s operation to State Government departments, agencies and instrumentalities.

Third, local government. The definition of “Council” incorporates the Local Government Act 2020 meaning. The Schedule lists 29 metropolitan municipal councils; all others are non-metropolitan. Only non-metropolitan councils may invoke the s.8A Melbourne Cup Day substitution request procedure. Metropolitan councils have no equivalent statutory power under this Act.

Fourth, the banking and financial sector. By operation of s.9, every public holiday appointed under the Act is automatically a bank holiday for Commonwealth Bills of Exchange Act purposes. This directly affects clearing-house operations, cheque presentment deadlines and bank opening hours.

The Minister administering the Act (currently the Minister for Industrial Relations) holds the central discretionary powers under ss.7, 8 and 8A. The Governor in Council retains power to declare additional metropolitan municipal districts (s.3(2)) and to make regulations (s.11).

The Act creates few positive duties but several important rights and negative obligations.

Employees possess a statutory right to a public holiday or half-holiday “without loss of pay” where the holiday applies to them (s.10(1)(a)). This right is expressly preserved against contrary contractual or award terms, although it is subordinated to the Fair Work Act 2009 (Cth) and its instruments (s.10(1AA)). Employees who ordinarily work Monday–Friday receive no additional entitlement for weekend holidays unless they work (s.10(1)(c)).

Employers are under a corresponding obligation to provide the paid day off or, if the employee works, to pay at the rate required by any applicable federal instrument. Section 10(2) makes clear that employers may require work on a holiday provided the terms are lawful under the overriding federal regime.

The Minister holds broad discretionary powers: to add holidays (s.7(1)(a)), to cancel and substitute holidays (s.8(1)), and to respond to non-metropolitan council requests (s.8A). These powers must be exercised by Gazette notice, and the notices may be geographically or personally limited (ss.7(2), 8(2)).

Non-metropolitan councils have a statutory right to make a written request under s.8A. The request must satisfy three formal requirements: 90 days’ notice, specification of the substitute day(s), and statement of reasons. If the Minister grants the request, the substitution applies only to the identified part of the municipal district.

The Governor in Council may expand the list of metropolitan municipal districts by Order (s.3(2)), thereby altering which councils may or may not use the s.8A mechanism.

Finally, s.9 imposes an automatic legal consequence upon the banking sector: public holidays become bank holidays without further declaration.

The Public Holidays Act 1993 contains no offence provisions or civil penalty regimes. Enforcement of employee holiday entitlements occurs almost entirely through the federal fair work jurisdiction. Section 10(1AA) expressly renders the Victorian provision of “no effect” to the extent of inconsistency with the Fair Work Act 2009 (Cth), modern awards, enterprise agreements or transitional instruments. Disputes about payment for public holidays are therefore resolved under the Fair Work Act’s dispute-resolution procedures, by the Fair Work Commission or by Federal Court action.

The only indirect “sanction” is the reputational and industrial consequence of failing to observe a Gazette notice issued under s.7 or s.8. Because such notices are legislative in character, a failure to observe them could ground an underpayment claim under federal law.

Ministerial decisions under ss.7, 8 or 8A are administrative decisions amenable to judicial review, but no reported cases appear in the endnotes or explanatory material.

The Act is deliberately designed to sit beneath the federal industrial relations system. The overriding clause in s.10(1AA) (inserted by the Fair Work (Commonwealth Powers) Act 2009) ensures that the National Employment Standards, modern awards and enterprise agreements prevail. The definition of “WR Act repeal day” in s.10(3) ties the provision to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

Section 9 expressly links the Victorian public holiday regime to the Bills of Exchange Act 1909 (Cth). The automatic declaration of bank holidays removes the need for separate Commonwealth action and ensures uniform treatment of negotiable instruments across Australia on Victorian public holidays.

Within Victorian law, the Act repealed the Bank Holidays Act 1958 (see long title and table of amendments). It amended the Public Sector Management Act 1992, Teaching Service Act 1981 and Shop Trading Act 1987 at the time of enactment, although those amendments have since been overtaken by later reforms.

The definition of “Council” and “metropolitan municipal district” now cross-reference the Local Government Act 2020 (s.3(1), as amended by No. 9/2020). The Schedule may be varied by Governor in Council order under s.3(2), creating a dynamic interface between local government boundaries and holiday observance.

The Act is also subject to the Interpretation of Legislation Act 1984 (Vic). The endnotes reproduce the standard interpretive provisions concerning headings, examples, punctuation and legislative items that apply to all Victorian statutes.

The version incorporates amendments up to 6 April 2020. Four changes since 2008 are particularly significant.

The Public Holidays Amendment Act 2008 (No. 55/2008) rewrote s.6, repealed spent provisions in s.7, substituted s.8, and amended s.10. It simplified the substitution regime and removed redundant ministerial powers.

The Public Holidays Amendment Act 2011 (No. 22/2011) inserted s.8A, giving non-metropolitan councils the ability to seek substitution of Melbourne Cup Day. The amendment responded to requests from regional councils that wished to align the local holiday with community events or avoid disruption on the Tuesday. Consequential changes were made to ss.8(1) and 8(3).

The Public Holidays Amendment Act 2019 (No. 29/2019) made the most visible alterations to the holiday list. It inserted Easter Sunday as a public holiday (new s.6(fa)), added the Friday before the AFL Grand Final (new s.6(ia)), and adjusted the Christmas and Boxing Day substitution rules (substituted s.6(k) and inserted s.6(ka) and (m)). These changes reflected contemporary community expectations around major sporting and religious events and aligned Victoria with some other jurisdictions.

Finally, the Local Government Act 2020 (No. 9/2020) updated the definition of “Council” with effect from 6 April 2020. This was a technical alignment rather than a substantive policy shift.

Each set of amendments was accompanied by a second-reading speech (reproduced in the endnotes) that emphasised modernisation, flexibility for regional Victoria, and maintenance of employee entitlements.

The endnotes and explanatory material contain no reference to any court challenges. The Act’s deliberate subordination to the Fair Work Act 2009 (Cth) has largely moved litigation into the federal sphere. No Victorian Supreme Court or Federal Court decisions are cited in the table of amendments or endnotes.

Controversies have instead played out in the political and industrial arena. The 2019 addition of the AFL Grand Final Friday was criticised by some business groups as creating an extra paid day off without corresponding productivity offset. Conversely, regional councils have used s.8A to shift Melbourne Cup Day, prompting occasional local debate about loss of a traditional public holiday. The interaction clause in s.10(1AA) has prevented constitutional or jurisdictional disputes between State and federal holiday entitlements, which was the explicit purpose of the 2009 amendments.

Most practitioners assume the holiday list in s.6 is immutable; it is not. Ministerial Gazette notices under ss.7 and 8 can override the statutory list for a particular year, yet these notices are rarely consolidated and must be located in the Victoria Government Gazette archive.

The s.8A power is available only to non-metropolitan councils listed outside the Schedule. Many suburban councils on the fringe of Melbourne (for example, Melton and Wyndham) are explicitly listed as metropolitan; their ability to vary Melbourne Cup Day is therefore statutorily precluded. Practitioners advising regional clients must check the current Schedule and any Governor in Council orders made under s.3(2).

Section 10(1AA) is a “read down” provision rather than a simple repeal. The Victorian entitlement continues to operate to the extent it is not inconsistent with federal law. In practice this means that for employees covered by federal instruments the federal rules on public holiday rates (often 200 % or 250 % for work performed) prevail, yet the underlying day-off entitlement remains anchored in State law. This dual operation can create confusion when drafting contracts that purport to “buy out” holidays.

Banking practitioners frequently overlook that s.9 deems Saturdays a bank holiday independently of the public holiday list. This interacts with the Bills of Exchange Act 1909 (Cth) time limits for presentment and can affect maturity dates even when no public holiday is involved.

Finally, the 90-day pre-condition in s.8A(2)(a) is strict. A non-metropolitan council that realises in August that it wishes to shift the first Tuesday in November has already lost the statutory power; the Minister cannot lawfully entertain the request. Early diary management is therefore essential for local government compliance officers.

Employers should maintain an annual public holiday calendar that incorporates the s.6 list, any Gazette notices issued under ss.7 or 8, and any s.8A substitutions that apply to their workplace location. Because notices can be geographically limited, a single statewide calendar is insufficient for businesses operating across metropolitan and non-metropolitan boundaries.

Human-resources policies must expressly acknowledge the primacy of the Fair Work Act 2009 (Cth). Template contracts and enterprise agreements should cross-reference the National Employment Standards rather than restate the Victorian Act. Where an employee is required to work on a public holiday, the applicable federal penalty rate or TOIL regime must be applied; reliance on the Victorian Act alone will be insufficient.

Payroll systems need logic to distinguish between “holiday falls on weekend – no entitlement” (s.10(1)(c)) for Monday–Friday workers and the substituted Monday or Tuesday that does attract full entitlement. Failure to code this distinction is a frequent source of underpayment claims.

Local government officers seeking to use s.8A must prepare a written request containing the three mandatory elements and dispatch it at least 90 clear days before Melbourne Cup Day. The request should articulate a community-benefit reason (for example, alignment with a local festival) to maximise prospects of Ministerial approval. Once approved, the council must communicate the substituted day to residents and businesses within the affected part of the municipal district.

Public sector agencies bound by the Act must ensure their industrial agreements incorporate the paid holiday entitlement while remaining compliant with the Public Administration Act 2004 (Vic) and any relevant enterprise bargaining agreements.

All parties should monitor the Victoria Government Gazette each year for notices under ss.7 and 8. There is no central consolidated register; failure to sight a notice does not excuse non-compliance. Subscription to Gazette alerts or engagement of a regulatory watch service is prudent for larger employers.

Finally, because the Act is short but cross-referenced to federal law, compliance training should focus on the interplay rather than the Victorian text in isolation. A one-page decision tree answering “Which law governs our public holiday obligations this year?” is often more valuable than reprinting the entire statute.

Public Holidays Act 1993

Plain English Summary

Deep Dive

What it does

Current sections

Public Holidays Act 1993

Source text: opening excerpt

1 Public Holidays Act 1993

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Recent changes and why

Court challenges and controversies

Gotchas

How to comply