Skip to content Skip to main navigation

Community

Experts in Wills, Trusts
& Estate Planning

Easter public holiday surcharges

By dvaey 15 April 2009 28

[First filed: April 13, 2009 @ 08:09]

I just finished working my duly rostered shifts over the easter weekend, having been asked to work over Easter as other staff were away for the weekend.  I agreed to the shifts, to help out over a busy period, as I work in a fast-food based business and most of the young staff were on school holidays or away with family.

My first issue, is to do with 10% surcharges.  My employer enforced a 10% surcharge for Good Friday, which is understandable due to the nature of the day. 

I turned up to work on Saturday and was informed the 10% surcharge was in force for the entire weekend, as according to the ACT Government, the entire Easter weekend is classified as a public holiday.  Maybe I’m out of touch with the times, but I was always taught that Jesus died on the Friday (hence the significance), and came back at midnight 3 days later, hence the significance of Easter Monday and Sunday in the church calendar.  I always believed ‘Easter Saturday’ was a normal day.  Upon further research, Saturday is now the public holiday and Easter Sunday is just the ‘normal day’.

My second and more important issue, is penalty rates over the easter weekend.  I offered to cover Good Friday, expecting that as it is a significant day, and the business was charging a surcharge, that those staff who worked would receive penalty rates for missing our long weekend.  To my surprise, I was advised that pay rates for the long weekend are the same as regular pay, and the 10% surcharge profit is simply going to the franchisee.

Can this activity be legal?  Can making under 18s work over easter for no penalty rates be fair?  Can profiting off a religious public holiday be legal?  Apparently under the new(old) workchoices agreements, they can.

Has anyone else here been charged a 10% surcharge this weekend, unaware of the fact that the workers arent receiving it, but the store owners instead?

UPDATED: Well done dvaey, The Canberra Times now reports that the Workplace Ombudsman is now on the case.

What’s Your opinion?


Please login to post your comments, or connect with
28 Responses to
Easter public holiday surcharges
Filter
Showing only Website comments
Order
Newest to Oldest
Oldest to Newst
WP80 2:34 pm 15 Apr 09

I was under the impression that officially Good Friday, Easter Saturday & Easter Monday are public holidays. Easter Sunday is not a public holiday.

http://www.cmd.act.gov.au/__data/assets/pdf_file/0010/2233/publicholidays2009.pdf

Madman 12:55 pm 15 Apr 09

dvaey said :

While I do have a part concern over revealing the employer concerned, as it has happened over many years and now appears to be investigated, I will name them as Pizza Hut. I have had a dispute ongoing for over 12 months over the payment of proper penalty rates or proper pay for work performed, but keep getting told my contract doesnt have provision for penalty rates, or higher pay for higher duties. For more information on the unions investigating this very issue, check out http://www.greenleft.org.au/2005/635/34209 or google for “Isaac Nakhla”, another employee who went to the media a few years ago.

I have been told this policy has been adopted by all Pizza Hut restaurants, and I believe it extends to many other brands within the same industry.

The Workplace Ombudsman has my story now, I’ll post any follow-up tidbits here if/when they come to me.

I hope you have gone to the ombudsman – because if the award covers you for penalty rates, it goes above any contract written by the employer. As someone said – it’s upheld by law.

LaLa 12:30 pm 15 Apr 09

Sigh. Should really re-read before I hit post. I neglected to mention that most times we never finished until midnight at the earliest, once even leaving at 2am. But we only ever got paid until 11.

LaLa 12:26 pm 15 Apr 09

Oops. Sorry about that misuse of the quotation device!

LaLa 12:25 pm 15 Apr 09

dvaey said :

While I do have a part concern over revealing the employer concerned, as it has happened over many years and now appears to be investigated, I will name them as Pizza Hut. quote]

Looks like Pizza Hut have not changed their ways then. I slaved for them in my final years of high school 93-94. Despite being in my senior year and asking for less shifts they rostered me on to “close” 3 – 4 nights per week. They always knocked off the other staff earlier to save money and despite the fact that we sometimes had customers sitting in the restaurant until 10.30 or 11 at night we were not paid past 11. According to Pizza Hut legend that is when the “close” should be completed.

I am glad we used to knick the cutlery and throw it across the car park. I hate them.

hellspice 12:01 pm 15 Apr 09

VYBerlinaV8_the_one_they_all_copy said :

I rarely go to restuarants (other than club type food), and never go on super popular days. If you want to enjoy this kind of lifestyle, pay the surcharge. If you don’t want to pay, either go somewhere else or stay home.

Half the world doesn’t get three square meals a day, and we bitch and moan because we have to pay a bit extra to support our already extravagant lifestyles! Exercise your choices!

I refuse to pay the surchage,I just go somewhere else or not at all.

dvaey 11:25 am 15 Apr 09

While I do have a part concern over revealing the employer concerned, as it has happened over many years and now appears to be investigated, I will name them as Pizza Hut. I have had a dispute ongoing for over 12 months over the payment of proper penalty rates or proper pay for work performed, but keep getting told my contract doesnt have provision for penalty rates, or higher pay for higher duties. For more information on the unions investigating this very issue, check out http://www.greenleft.org.au/2005/635/34209 or google for “Isaac Nakhla”, another employee who went to the media a few years ago.

I have been told this policy has been adopted by all Pizza Hut restaurants, and I believe it extends to many other brands within the same industry.

The Workplace Ombudsman has my story now, I’ll post any follow-up tidbits here if/when they come to me.

Inappropriate 10:36 am 15 Apr 09

It would be great if such businesses could be named and shamed – I’d prefer to spend my money at fair and decent establishments in this current market.

Related Articles

CBR Tweets

Sign up to our newsletter

Top
Copyright © 2018 Region Group Pty Ltd. All rights reserved.
the-riotact.com | aboutregional.com.au | b2bmagazine.com.au | thisiscanberra.com

Search across the site