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For Show Day 2014, the Agriculture, Horticulture and Industry Association, which runs Newcastle Regional Show, has requested that Council make an application to the Minister for Industrial Relations for Friday 28 February 2014 to be declared a half-day local public holiday from noon to 5pm.
In response to this request, Council agreed to consult with the community and affected stakeholders to on a minimum half-day public holiday for Show Day 2014.
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The AH&I Association advocates that a half-day local public holiday would have less impact than a full-day public holiday, as it would allow offices and workplaces to close at noon, meaning only a few hours of work time would be lost, or stay open with the option of offering staff a half-day in lieu.
The Association anticipates that this could be a more popular option for employees and employers, and would provide people a greater opportunity to attend Show Day.
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Council has traditionally supported Newcastle Regional Show Day, and each year has made an application to the Minister for Industrial Relations to declare either a local public holiday or local event day in the local government area.
Council has traditionally supported Newcastle Regional Show Day, and each year has made an application to the Minister for Industrial Relations to declare either a local public holiday or local event day in the local government area.
NSW Industrial Relations has previously informed Council that in considering an application to the Minister to declare a full-day or half-day local public holiday, Council is expected to consult with the affected community and relevant stakeholders, and to take into account the potential impact the application will have upon businesses in the designated area.
NSW Industrial Relations has also previously encouraged Council to liaise with Newcastle City Council with the aim of ensuring consistency across the two local government areas.
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Commonly known as Show Day, Newcastle Regional Show Day is an annual event to give people the opportunity to participate or attend the show. Traditionally, the day has been a local holiday - either a local public holiday or local event day.
The Show will be held from Friday 28 February until Sunday 2 March 2014 at the Newcastle Regional Showground at Broadmeadow. Show Day will be held on Friday 28 February.
For more information, go to www.newcastleshow.com.au
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In addition to public holidays, which cover the whole of NSW, there are also opportunities for regional holidays, known as local public holidays or local event days, which are granted usually at the request of a council within a local government area for a whole day or a part-day. These are requested to commemorate a day of special significance to the local community in the area concerned.
In addition to public holidays, which cover the whole of NSW, there are also opportunities for regional holidays, known as local public holidays or local event days, which are granted usually at the request of a council within a local government area for a whole day or a part-day. These are requested to commemorate a day of special significance to the local community in the area concerned.
There are no shop trading restrictions on these NSW local public holiday/local event days. However, banks located within an area which has had a local public holiday declared must close on the holiday unless approval to open on the day has been granted.
The Public Holiday Act 2010 provides for declaration of a local event day, local public holiday or half-day local public holiday.
The Act makes it clear that a local event day is not the same as a local public holiday. The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth), apply to local public holidays declared under the Public Holidays Act 2010.
This means that all employees, irrespective of their former entitlements and whose place of work is within a local public holiday area, will be entitled to be absent from work on the day or half day that is the local public holiday or half-day holiday. In addition, employees who work on the day or half day may then have an entitlement to penalty rates under a relevant award or enterprise agreement where previously that entitlement may not have existed.
Local Public Holiday
Declaration of a half-day local public holiday is seen as preferable to a full-day public holiday, as it will have a lesser impact on those employers and businesses affected, while still enabling the community to attend and enjoy Show Day.
Declaration of a local public holiday will require employers within the Lake Macquarie local government area to liaise with the NSW Department of Industrial Relations to find out if it is lawful for their business to open on 28 February 2014, and to check the appropriate public holiday wages and conditions with the Fair Work Ombudsman.
If Show Day is declared a local public holiday, a financial burden is placed on businesses in the Lake Macquarie local government area. This is due to the combined effect of the Public Holidays Act 2010 (NSW) and the National Employment Standards in the Fair Work Act 2009 (Cth), by which employees in Lake Macquarie will be entitled to the day off with pay, or, if they are required to work, they may be entitled to penalty rates.
Local Event Day
There will still be financial impacts on local businesses if Show Day is declared a local event day. A local event day will only apply to workplaces where awards, agreements, or contracts with employees provide for the day to be treated as a public holiday. However, local businesses would be aware of and could have accounted for these impacts because of the recognition of the status of the Show Day in their relevant workplace contracts or agreements.