The Victorian Government has recently introduced the Public Holidays Amendment Bill 2008. The main purpose of the bill is to amend the Public holidays Act 1993 to provide greater certainty as to public holiday arrangements in Victoria; to repeal provisions relating to the appointment of additional and substituted public holidays by non-metropolitan Councils; and to provide for a public holiday on Melbourne Cup Day or a substituted day to be observed in all parts of Victoria.
The change that will have the biggest impact on small business is the setting of Melbourne Cup Day as a standard public holiday in all parts of Victoria. Currently some regional areas are Public holiday free on Melbourne Cup Day, as Melbourne Cup Day has only been observed in Metropolitan Melbourne. This means that business located in regional areas that may have traded Melbourne Cup Day without the application of Public Holiday Entitlements will now be made to do so.
In non-metropolitan areas, where a substitute Public holiday was traditionally observed (e.g. Local Show/Race Day) following a declaration by the Local Council, the Local Council must now make an application to the Small Business Minister for that substitute day to be enforced.
Though these changes have been promoted by parliament as a means to “give Victorians certainty about public holidays and allow improved planning for Victorian businesses and employees” the reality for many small businesses is that it could lead to an increase in costs.
Restaurant & Catering Victoria has developed a pro-forma letter for members to use to encourage the council to request a substitute day should the bill pass through parliament unamended.
