Transport Workers' Union of Australia v Express Ground Handling Pty Limited
[2011] FWA 4920
•11 AUGUST 2011
[2011] FWA 4920 |
|
DECISION |
Fair Work Act 2009
s.739 - Application to deal with a dispute in relation to flexible working arrangements
Transport Workers' Union of Australia
v
Express Ground Handling Pty Limited
(C2011/3205)
Airline operations | |
COMMISSIONER RAFFAELLI | BRISBANE, 11 AUGUST 2011 |
Dispute related to the EGH Agreement 2010 - interpretation as to public holidays.
[1] The Transport Workers’ Union of Australia (the Union) has made an application for Fair Work Australia (FWA) to deal with a dispute in accordance with a dispute settlement procedure. The other party to the dispute is Express Ground Handling Pty Limited (EGH).
[2] The dispute settlement procedure is that provided for in the EGH Agreement 2010 [AE882729] (AG2010/19579) (the Agreement). It is not disputed that FWA is able to deal with the dispute, including by arbitration.
[3] An agreed statement of facts provides as follows:
“1. This dispute relates to how clause 26 of the EGH Agreement 2010 (the Agreement) should be interpreted. In particular, the dispute relates to the payment of penalties and the accrual of days in lieu (‘DIL’) in circumstances where a state government substitutes a public holiday for the actual day.
2. The amended dispute notification relates to NSW, Queensland and Victoria.
3. Both parties have consented to the arbitration of this dispute in order to determine:
a. what days over the Christmas period in 2010, the Easter period in 2011 and the Christmas period in 2011 are public holidays for the purposes of the Agreement, such that they attract a penalty payment or the accrual of a DIL; and
b. more generally, whether the Agreement recognises substitute public holidays or the original day which was substituted.
Such a determination will provide certainty to both the Respondent and its employees.
4. The agreed statement of facts sets out the statutory public holidays in NSW, Queensland and Victoria. Each party’s submissions will address how clause 26 of the Agreement should be interpreted in relation to these statutory public holidays.”
[4] The parties also provided a table which set out state statutory public holidays together with EGH’s payments for such days. The table is set out as Attachment 1 to this decision.
[5] The Agreement makes provision as to public holidays at clause 26. It reads:
“26. PUBLIC HOLIDAYS
26.1 Employees (other than casual employees) are entitled to the following public holidays:
26.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
26.1.2 as declared or proclaimed - Australia Day, Anzac Day, Queen’s Birthday, Eight Hours’ Day/Labour Day, Exhibition Day (Queensland only), August Bank Holiday (NSW only), Cup Day (Victoria only); and
26.1.3 any additional days declared or proclaimed as public holidays within that particular State or Territory that the employee is working in at the time.
26.2 employees are entitled to a day in lieu if a public holiday falls on a day on which an employee is rostered off or is on annual leave. The day off in lieu must:
26.2.1 be on a day agreed between the employer and the employee; and
26.2.2 not involve extra cost to the employer; and
26.2.3 be paid out at the time of taking accrual if agreed by the employer upon request of the employee; or
26.2.4 be paid out at the time of taking annual leave if not taken during the year or paid out at the time of accrual.
26.3 employees working on a public holiday are entitled to be paid:
26.3.1 for at least 4 hours work;
26.3.2 at double time except in the case of Christmas Day and Good Friday;
26.3.3 at double time and a half in the case of Christmas Day and Good Friday;
26.4 employees other than casuals are entitled to public holidays as gazetted in the relevant State or Territory as being a public holiday.”
Submissions of the Parties
[6] In its submission the Union referred to what it considered to be the correct approach to the interpretation of industrial instruments. In that regard, it referred to several decisions and judgments. Simply put, where the words in an industrial instrument give a plain and unambiguous meaning, then a tribunal can look no further with regards to any supposed intention.
[7] The Union then analysed the words and provisions of clause 26. This reveals that clause 26 is plain and unambiguous, and as a consequence should be applied as it reads.
[8] In the light of the provisions of the Agreement, together with the public holidays created by statute or regulations in the three states, it proposed the following order:
“A. Fair Work Australia makes the following order:
(i) Employees employed by the Respondent in New South Wales were, and are, entitled to the following Public Holidays under Clause 26 of the EGH Agreement 2010 (the Agreement):
- 25 December 2010;
- 26 December 2010;
- 27 December 2010;
- 28 December 2010;
- 22 April 2011;
- 23 April 2011;
- 24 April 2011;
- 25 April 2011;
- 26 April 2011;
- 25 December 2011;
- 26 December 2011; and
- 27 December 2011.
(i) Employees employed by the Respondent in Queensland were, and are, entitled to the following Public Holidays under Clause 26 of the Agreement:
- 25 December 2010;
- 26 December 2010;
- 27 December 2010;
- 28 December 2010;
- 22 April 2011;
- 23 April 2011;
- 25 April 2011;
- 26 April 2011;
- 25 December 2011;
- 26 December 2011; and
- 27 December 2011.
(i) Employees employed by the Respondent in Victoria were, and are, entitled to the following Public Holidays under Clause 26 of the Agreement:
- 25 December 2010;
- 26 December 2010;
- 27 December 2010;
- 28 December 2010;
- 22 April 2011;
- 23 April 2011;
- 25 April 2011;
- 26 April 2011;
- 25 December 2011;
- 26 December 2011; and
- 27 December 2011.”
[9] EGH submitted that the words in an agreement and here, clause 26 in particular, need to be considered in the light of the industrial context and the purpose for which the clause was made. It referred to a recent decision of the Full Federal Court in Shop Distributive and Allied Employee’s Association v Woolworths SA Pty Ltd ([2001] FCAFC 67). Relying on the judgments of members of the High Court in Amcor Limited v CFMEU ([2005] 222 CLR 241), and the Federal Court in Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd ([2006] 156 FCR 1) their Honours concluded that “the industrial context and the intention or purpose of the makers of an industrial instrument should be paramount notwithstanding the strict wording of a document” (at [14]). According to EGH their Honours adopted a purposive approach to the construction of industrial instruments.
[10] EGH analysed each paragraph of clause 26 and applied the purposive approach.
Approach and Findings
[11] As to the correct approach to follow, or principles to be applied in construing the words in an agreement, it is well settled that the general principle governing the construction of statutes or other instruments laid down by courts, including not the least by the High Court, apply equally to the construction of industrial agreements, AWU-WA Branch v Co-Operative Bulk Handling Ltd ([2010] FWAFB 4801) (‘Co-Operative Bulk Handling’).
[12] Certainly, as Mason J said in K and S Lake City Freighters Pty Ltd v Gordon and Gotch Ltd:
“Problems of legal interpretation are not solved satisfactorily by ritual incantations which emphasize the clarity of the meaning which words have when viewed in isolation. The modern approach to interpretation insists that the context be considered in the first instance, especially in the case of general words and not merely at some later stage when ambiguity might be thought to arise.”
([1985] 157 CLR 309 at 315)”
[13] The Full Bench in ‘Co-Operative Bulk Handling’ specifically rejected the proposition that an examination of context and extrinsic material was not permissible until an ambiguity was first found to exist.
[14] The most accepted approach, for now, seems to be that provided by Madgwick J in Kucks v CSR Limited ([1996] 66 IR 182) (‘Kucks’). His Honour held at 184:
“It is trite that narrow or pedantic approaches to the interpretation of an award are misplaced. The search is for the meaning intended by the framer(s) of the document, bearing in mind that such framer(s) were likely of a practical bent of mind: they may well have been more concerned with expressing an intention in ways likely to have been understood in the context of the relevant industry and industrial relations environment than with legal niceties or jargon. Thus, for example, it is justifiable to read the award to give effect to its evident purposes, having regard to such context, despite mere inconsistencies or infelicities of expression which might tend to some other reading. And meanings which avoid inconvenience or injustice may reasonably be strained for. For reasons such as these, expressions which have been held in the case of other instruments to have been used to mean particular things may sensibly and properly be held to mean something else in the document at hand.
But the task remains one of interpreting a document produced by another or others. A court is not free to give effect to some anteriorly derived notion of what would be fair or just, regardless of what has been written into the award. Deciding what an existing award means is a process quite different from deciding, as an arbitral body does, what might fairly be put into an award. So, for example, ordinary or well-understood words are in general to be accorded their ordinary or usual meaning.”
[15] It is apparent from judgments of the Federal Court in recent years (EGH has referred to some of these) that there is an increasingly generous approach to the use of extrinsic material to aid in the interpretation of instruments, including awards and industrial agreements.
[16] That tendency seems to have led to some controversy. In a recent article in the Australian Law Journal ([2010] 84 ALJ 822) the then Chief Justice of New South Wales, Justice Spigelman notes what he describes as the development of approaches to interpretation from “text to context”. Indeed, the Chief Justice also refers to judgments bringing “context” and purpose together.
[17] But then (at 827) the Chief Justice says:
“However, there are a number of recent High Court judgments which indicate that the degree of flexibility with respect to the text that has, on occasion, been displayed by judges in intermediate courts of appeal, has gone too far. There are indications that the judiciary must, with greater force and clarity, re-focus its attention on the text itself.”
[18] The Chief Justice refers to what he says is the drift of recent High Court judgments which interpret what Parliament meant by words used rather than by what it intended to say.
[19] That notwithstanding, the Chief Justice concludes that the “context” and “purpose” approach is still to be applied until specifically overruled by the High Court.
[20] The decision in ‘Kucks’ is one which has received broad adoption in the superior courts and in the Australian Industrial Relations Court and Fair Work Australia. I have decided to undertake my task in the light of the approach set out by Madgwick J in that case.
[21] I now turn to the provisions of clause 26. Because of the operation of clause 26.2.1 the following days (for present purposes) were/are public holidays:
(1) New Year’s Day, being Saturday 1 January 2011
(2) Good Friday, being Friday 22 April 2011;
(3) Easter Saturday, being Saturday 23 April 2011;
(4) Easter Monday, being Monday 25 April 2011;
(5) Christmas Day, being Saturday 25 December 2010 and Sunday 25 December 2011
(6) Boxing Day, being Sunday 26 December 2010 and Monday 26 December 2011.
[22] I should indicate that settling on New Year’s Day as the first of January, the Easter days as following Good Friday which itself has a lunar or Christian basis to it, Christmas Day as 25 December and Boxing Day as the 26 December, reflects community understanding and the practical bent of minds of the framers of the document. (see ‘Kucks’)
[23] Those days attract payments or “day of in lieu” benefits as provided in clauses 26.3 and 26.4.
[24] Those days described above are public holidays perforce of this Agreement and operate irrespective of declared or proclaimed days in states or territories.
[25] While state legislation may provide for all or any of those six days set out in clause 26.1.1 to be observed on a substituted day, that does not act to displace those days set out in clause 26.1.1. That is because clause 26 does not provide for any substitution of the days in clause 26.1.1.
[26] As a consequence, Monday 25 April 2011 is the Easter Monday public holiday, including in New South Wales and Queensland where it seems EGH has treated the day as an Anzac Day. Whatever else Monday 25 April 2011 may be, it is clear from clause 26.1.1 that it is the Easter Monday public holiday for 2011.
[27] Because of clause 26.1.2, the days of Australia Day, Anzac Day, Queen’s Birthday and Eight Hours’ Day/Labour Day are public holidays if and when they are declared or proclaimed to operate in a state or territory. Additionally, Exhibition Day in Queensland, August Bank Holiday in New South Wales and Cup Day in Victoria operate in the same way.
[28] Subject to what is further discussed concerning Anzac Day, it is not in dispute that the other days provided in clause 26.1.2 were observed on days declared or proclaimed in New South Wales, Victoria and Queensland.
[29] As to Anzac Day in 2011, it is clear that because of the Public Holidays Act 2010 (NSW) (the NSW Act) which commenced on 31 December 2010, and its sub-section 4(g) and item 3 of Part 2 of Schedule 1 that Monday 25 April 2011 was the Anzac Day public holiday in New South Wales.
[30] In Queensland, because of sub-section 2(1) of the Holidays Act 1983 (Qld) Monday 25 April 2011 was the Anzac Day public holiday.
[31] It will be apparent that in New South Wales and Queensland, Monday 25 April 2011 was both the Easter Monday public holiday perforce of clause 26.1.1 and the Anzac Day public holiday perforce of clause 26.1.2.
[32] In my view, the coincidence of dates in a year when the Christian Easter period straddles 25 April (Anzac Day) is not an irregular occurrence. It provides no ambiguity or uncertainty. There is nothing in the Agreement that suggest that public holidays might not coincide with one another. A state may declare or proclaim Labour Day as falling on 1 January in a particular year. The Agreement is silent as to that outcome. More important, given that Easter period days can fall on 25 April, it is telling that the Agreement is silent on such coincidence, and makes no provision for the observation of coincident days on two separate days. It suggests that there is nothing inherently wrong with what has occurred in 2011 in New South Wales and Queensland, where 25 April of that year happened to be two public holidays.
[33] As to Victoria, the Anzac Day public holiday provided in clause 6 of the Public Holiday Act 1993 (Vic) (the Victorian Act) to be 25 April was declared to be another day, pursuant to clause 8, that being Tuesday 26 April 2011. Tuesday 26 April 2011 was therefore the Anzac Day public holiday provided for in the Agreement pursuant to clause 26.1.2. I note that EGH treated 26 April 2011 as a public holiday for its Victorian operations.
[34] Clause 26.1.3 provides for additional public holidays which are declared or proclaimed as public holidays in a state or territory. The word “additional” can be taken to mean only one thing, something more, or added. It does not mean in substitute of or alternative to.
[35] Further, clause 26.1.3 is part of clause 26.1 and is linked to clauses 26.1.1 and 26.1.2 by the conjunction “and”. It must therefore be read as providing for days declared and proclaimed additional to those otherwise provided in the rest of clause 26.1 (i.e. 26.1.1 and 26.1.2).
[36] That being the case, in New South Wales the Governor, on 10 February 2010 proclaimed Tuesday 28 December 2010 and Monday 3 January 2011 as public holidays. This was said to have been done pursuant to section 19(1) of the Banks and Bank Holidays Act 1912 (NSW) (the NSW Banks Act). It is clear from a reading of section 19 that it provides for the appointment of special days.
[37] It is also clear that those special days stand apart from and can be said to be additional to the series of days set out in the Fourth Schedule of the NSW Banks Act.
[38] EGH treated the above two days as public holidays and correctly so, because of the operation of clause 26.1.3.
[39] However, Monday 27 December 2010 was a holiday pursuant to the NSW Banks Act and Part 1 of the Fourth Schedule. It provided that “the twenty-sixth day of December” was a public holiday but that “whenever the twenty-sixth day of December falls upon a Monday, the day following shall be a Bank Holiday” (“Bank Holiday” and public holidays are synonymous for present purposes). It might be said that it is not clear that such following day is a substitute or additional day. In the absence of any words like “substitute” I prefer to regard the day as an additional holiday. Some re-enforcement is gained by the words of Part 2 of the Fourth Schedule where albeit in respect of other days “in lieu thereof” has been used.
[40] In my view, Monday 27 December 2010 was a day additional to “the twenty-sixth day of December” and because of clause 26.1.3, it was a public holiday under the Agreement.
[41] Section 4 of the NSW Act provides at sub clause (j) that “when 25 December is a Sunday, there is to be no public holiday on that day and instead the following day (Monday) is to be a public holiday”. Section 4, subsection (k) provides that “when 26 December is a Monday, there is to be no public holiday on that day for Boxing Day and instead the following day (Tuesday) is to be a public holiday for Boxing Day”.
[42] Monday, 26 December 2011 is not in issue as a holiday because clause 26.1.1 already provides for it. (see [21] above)
[43] However, because clause 26.1.3 concerns additional days to those provided in clause 26 and because clause 4(k) of the NSW Act acts to merely move Boxing Day, instead of providing a day additional, there is no public holiday created in New South Wales by clause 26.1.3 for Tuesday 27 December 2011.
[44] As to Tuesday 26 April 2011 for New South Wales, the operation of the NSW Banks Act provides for such day as a substitute day for Easter Monday. Similarly, the NSW Act which seems to operate together with the NSW Banks Act provides at item 3 of Part 2 Schedule 1 for Tuesday 26 April 2011 to be a public holiday for Easter Monday, which is the public holiday for Anzac Day.
[45] Because Tuesday 26 April 2011 is the New South Wales proclaimed or declared day for Easter Monday, it can not be described as a day additional to that provided elsewhere in clause 26. Rather it is a substitute or transferred day.
[46] Therefore clause 26.1.3 does not act to make Tuesday 26 April 2011 a public holiday under the Agreement.
[47] Finally, for New South Wales it is not disputed that Easter Sunday, 24 April 2011 is a public holiday made by the NSW Act and is additional to any other day found in clause 26. Consequently it is a public holiday because of clause 26.1.3.
[48] It is not disputed that Sunday 24 April 2011 was not a public holiday in Victoria or Queensland.
[49] In Victoria, sub clause 6(k) of the Public Holidays Act 1993 (Vic) (the Victorian Act) provides for:
“(k) 25 December (Christmas Day) or the Monday after Christmas Day when Christmas Day is a Saturday or the Tuesday after Christmas Day if when Christmas Day is a Sunday.”
[50] The use of the simple conjunction “or” suggests that days are alternatives and not additional to one another.
[51] Consequently, Monday 27 December 2010 is not a day additional to any provided. Rather it is in lieu of Saturday 25 December 2010. Clause 26.1.3 does not provide for Monday, 27 December 2010 as a public holiday.
[52] As to Tuesday 28 December 2010, section 6 of the Victorian Act provides as follows:
“(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.”
[53] This makes it clear that the public holiday created by section 6(m), when Boxing Day falls on a weekend, is additional to Boxing Day. It is to be contrasted to the situation concerning Christmas Day discussed just above.
[54] Consequently, clause 26.1.3 acts to make this additional state declared or proclaimed day a public holiday under the agreement.
[55] It is not in dispute that because of subsection 6(a) and (b) of the Victorian Act, Monday 3 January 2011 is a day additional to 1 January 2011 (New Year’s Day). Consequently, clause 26.1.3 makes that day a public holiday under the Agreement.
[56] As to Tuesday 27 December 2011, for reasons expressed at [49], [50] and [51] this is not a public holiday as a result of the operation of clauses 26.1.3. This is because section 6(k) of the Victorian Act makes the Tuesday following a Christmas Day that falls on a Sunday an alternative day but not an additional one.
[57] As to Queensland and Monday, 27 December 2010, it is clear from section 2(2) of the Holidays Act 1983 (Qld) (the Queensland Act) that such day is a substitute for Boxing Day which fell on Sunday, 26 December 2010. Consequently, clause 26.1.3 does not operate to create the day as a public holiday.
[58] It is clear from section 9 of the Queensland Act that Tuesday, 28 December 2010 was a public holiday for Christmas Day together with Saturday, 25 December 2010. Consequently, clause 26.1.3 provides that 28 December 2012, a day additional to Christmas Day provided by clause 26.1.1, is a public holiday under the Agreement.
[59] Equally, section 10 of the Queensland Act made Monday, 3 January 2011 a public holiday together with Saturday, 1 January 2011. It was a public holiday pursuant to clause 26.1.3.
[60] As to Tuesday 26 April 2011, it seems that the relevant Minister in Queensland substituted Tuesday, 26 April 2011 for Easter Monday, 25 April 2011. That was not an additional day to that provided elsewhere in clause 26.1. Consequently, clause 26.1.3 does not act to make Tuesday 26 April 2011 a public holiday.
[61] Finally, it is clear from section 2(3) of the Queensland Act that Tuesday, 27 December 2011 will be a substitute day to Monday, 26 December 2011. It is not an additional declared or proclaimed day.
[62] Consequently, clause 26.1.3 does not operate to make such day a public holiday under the Agreement.
[63] What remains to be considered is the operation of clause 26.4. The Union regards it as a catch-all clause where (except in the case of casuals) any day gazetted in a state or territory as a public holiday is a public holiday under this Agreement. EGH considers that such an approach would lead to double dipping. It would also mean that the provision of clause 26.1 would be unnecessary.
[64] The need for careful analysis which I and the parties have brought to the consideration of clause 26 and the intricacies apparent when looking at the relevant state legislation, invites the favouring of the view that a simple catch-all effect of clause 26.4 is at odds with everything else found in the clause and associated legislation. In clause 26.1 and the state legislation, drafters have striven to provide for outcomes in the light of developing circumstances including the operation of the calendar.
[65] I agree with EGH, that the Union’s interpretation of clause 26.4 would render 26.1 otiose. It would mean that a brief, almost glib provision overrides a more comprehensive, intricate (and yes, more complicated) provision. In light of the approaches to interpretation discussed earlier, that cannot be the case. The text of clause 26.4 needs to be read in the context of the entire clause 26.
[66] It should also be noted that in 26.1.2 and 26.1.3 the reference is to state and territory action that is “declared or proclaimed”. In 26.4 it is to the action of gazettal. This suggests that 26.4 provides for state and territory action that may be something different from declaration or proclamation. That may explain the work that clause 26.4 has to do. However, the context of clause 26 and the comprehensiveness of 26.1 suggests that clause 26.4, when adopting gazetted days must still operate within a regime of observing New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Australia Day, Anzac Day, Queens Birthday, Eight Hours Day/Labour Day, Exhibition Day (Qld only), August Bank Holiday (NSW only, Cup Day (Vic only) and any additional days.
[67] It is not to be read as providing something more than is provided by clause 26.1 such as transferred or substituted days.
Conclusion
[68] Based on the above and what amounts to be my findings, the list of days which are public holidays under the Agreement for the periods at issue are as follows:
(i) For employees employed in New South Wales:
Saturday 25 December 2010
Sunday 26 December 2010
Monday 27 December 2010
Tuesday 28 December 2010
Saturday 1 January 2011
Monday 3 January 2011
Friday 22 April 2011
Saturday 23 April 2011
Sunday 24 April 2011
Monday 25 April 2011
Sunday 25 December 2011
Monday 26 December 2011
(ii) For employees employed in Victoria
Saturday 25 December 2010
Sunday 26 December 2010
Tuesday 28 December 2010
Saturday 1 January 2011
Monday 3 January 2011
Friday 22 April 2011
Saturday 23 April 2011
Monday 25 April 2011
Tuesday 26 April 2011
Sunday 25 December 2011
Monday 26 December 2011
(iii) For employees employed in Queensland
Saturday 25 December 2010
Sunday 26 December 2010
Tuesday 28 December 2010
Saturday 1 January 2011
Monday 3 January 2011
Friday 22 April 2011
Saturday 23 April 2011
Monday 25 April 2011
Sunday 25 December 2011
Monday 26 December 2011
COMMISSIONER
Attachment 1
STATUTORY PUBLIC HOLIDAYS | PAYMENTS MADE BY EGH | |||
NSW | VIC | Qld | (All ports unless otherwise specified) | |
Saturday 25 December 2010 | Christmas Day public holiday 1 | - | Christmas Day public holiday 2 | Double time and a half - Christmas Day |
Sunday 26 December 2010 | - | Boxing Day public holiday 3 | - | Double time – Boxing Day |
Monday 27 December 2010 | Substitute public holiday | Substitute public holiday | Substitute public holiday | No penalty payments |
Tuesday 28 December 2010 | Additional public holiday | Additional public holiday | Additional public holiday | Double time – additional day |
Saturday 1 January 2011 | New Year’s Day public holiday 10 | New Year’s Day public holiday 11 | New Year’s Day public holiday 12 | Double time – New Year’s Day |
Monday 3 January 2011 | Additional public holiday | Additional public holiday | Additional public holiday | Double time – additional day |
Friday 22 April 2011 | Good Friday public holiday 16 | Good Friday public holiday 17 | Good Friday public holiday 18 | Double time and a half – Good Friday |
Saturday 23 April 2011 | Easter Saturday public holiday 19 | Easter Saturday public holiday 20 | Easter Saturday public holiday 21 | Double time – Easter Saturday |
Sunday 24 April 2011 | Easter Sunday public holiday 22 | - | - | NSW only: Double time – Easter Sunday |
Monday 25 April 2011 | ANZAC Day public holiday 23 | Easter Monday public holiday 24 | ANZAC Day public holiday 25 | NSW & Qld: Double time – ANZAC Day |
Tuesday 26 April 2011 | Declared or Substituted public holiday | Substitutepublic holiday | Substitutepublic holiday | Vic only: Double time – ANZAC Day |
Sunday 25 December 2011 | Additionalpublic holiday 29 | - | - | TBA |
Monday 26 December 2011 | Substitute Christmas Day public holiday 30 | Boxing Day public holiday 31 | Substitute Christmas Day public holiday 32 | TBA |
Tuesday 27 December 2011 | SubstituteBoxing Day public holiday 33 | SubstituteChristmas Day public holiday 34 | SubstituteBoxing Day public holiday 35 | TBA |
1 Banks and Bank Holidays Act 1912 (NSW) (NSW Banks Act), s15 and Part 1 of Schedule 4
2
Printed by authority of the Commonwealth Government Printer
<Price code C, AE882729 PR512578>
Holidays Act 1983 (Qld) (Qld Act), s9(2)
3 Public Holidays Act 1993 (Vic) (Vic Act), s6(l)
4 NSW Banks Act, s15 and Part 1 of Schedule 4
5 Vic Act, s6(k)
6 Qld Act, s2(2) and Part 2 of the Schedule
7 NSW Banks Act, s.20; New South Wales Government Gazette No, 31, 12 February 2010
8 Vic Act, s6(m)
9 Qld Act, s9(2)
10 Public Holidays Act 2010 (NSW) (NSW PH Act), s4(a)
11 Vic Act, s6(a)
12 Qld Act, s10(1)
13 Banks Act, s.20; New South Wales Government Gazette No, 31, 12 February 2010; NSWPH Act, item 2 of Part 2 of Schedule 1
14 Vic Act, s6(b)
15 Qld Act, s10(1)
16 NSW PH Act, s4(c)
17 Vic Act, s6(e)
18 Qld Act, s2(1) and Part 1 of the Schedule
19 NSWPH Act, s4(d)
20 Vic Act, s6(f)
21 Qld Act, s2(1) and Part 1 of the Schedule
22 NSW PH Act, s4(e)
23 NSW PH Act, s4(g) and item 3 of Part 2 of Schedule 1
24 Vic Act, ss 6(g) and 8; Victoria Government Gazette G9, 26 February 2009
25 Qld Act, s2(1) and Part 2 of the Schedule
26 NSW Banks Act, s.20; New South Wales Government Gazette No. 74, 11 June 2010; NSW PH Act, item 3 of Part 2 of Schedule 1
27 Vic Act, s(8); Victoria Government Gazette G9, 26 February 2009
28 Qld Act, s3; Queensland Government Gazette No. 62, 29 October 2010
29 NSW PH Act, s5(1); Public Holidays Order 2011, cl.3
30 NSW PH Act, s4(j)
31 Vic Act, s6(l)
32 Qld Act, s2(2) and Part 2 of the Schedule
33 NSWPH Act, s4(k)
34 Vic Act, s6(k)
35 Qld Act, s2(3)
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