Consultation - Local Part Day Public Holiday

Published on 06 September 2022

The Public Holidays Act 2010 (NSW) allows NSW Local Councils to submit an application to the NSW Government for ‘local public holidays’ and/or ‘local event days’ for events of special significance that are recognised by the community.

Traditionally, the City of Coffs Harbour has applied for a local half day public holiday for the annual Coffs Harbour Gold Cup, held on the first Thursday in August. Options available are to once again apply for a public half day holiday, apply for a local event day or apply for neither.

Consultation is an important part of the application process and City of Coffs Harbour is seeking feedback on future local public holidays for the 2023 and 2024 Coffs Harbour Gold Cup event.

“From previous consultations, we’re aware that there are mixed community views on the part day public holiday and this information provided will assist Council in its decision on any future application,” said Natalia Cowley, General Manager. “Also, this year we want to hear people’s views on whether there is interest for a half day community festival at the Jetty Foreshores to coincide with a half day public holiday and the sort of festival they would enjoy.”

The community is invited to share their views by completing a survey which has two parts:

• Part one seeks feedback on the benefits, costs and impacts related to the local part day public holiday for the Coffs Harbour Gold Cup; and
• Part two seeks feedback on community support for a half day community festival to be held at the Jetty Foreshore to coincide with any proposed part day public holiday for the Coffs Harbour Gold Cup.

The survey is available on Council’s ‘Have Your Say’ website - haveyoursay.coffsharbour.nsw.gov.au/local-public-holiday, you can also attach a separate submission if you wish. Consultation is open until 30 September 2022.

Difference between a local public holiday and local event day:

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 all employees whose place of work is within a local public holiday area will be entitled to be absent from work for the day or part day declared to be a public holiday. In addition, employees who work on the day or part day may have an entitlement to penalty rates under a relevant award or enterprise agreement.

Shops located within the designated local public holiday area are free to open without restriction. A bank located in the designated local public holiday area will be required to close during the declared public holiday hours unless the bank is exempted.

Local event day

A local event day does not automatically mean that employers in the particular locality are compelled to treat the day as a public holiday. Entitlements to paid leave or penalty rates on a local event day will only arise where agreed to at the workplace level, usually in the form of an enterprise agreement or by contract.

A local event day or part day does not preclude banks or shops located within the designated holiday area from opening or trading on the day.