AP782505CR - Graphics Arts - General - Award 2000
7.5 PUBLIC HOLIDAY ENTITLEMENT
7.5.1 Holiday entitlement
Weekly employees will be entitled to holidays on the following days:
7.5.1(a) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
7.5.1(b) The following days, as prescribed in the relevant States, Territories and localities:
7.5.1(c) An additional day on the following basis:
7.5.1(c)(i) In New South Wales, Union Picnic Day on the Tuesday immediately following Easter Monday (Easter Tuesday);
7.5.1(c)(ii) In Tasmania, the day on which Regatta Day is observed;
7.5.1(c)(iii) In Queensland the day on which Royal National Show (or Exhibition Day) is observed;
7.5.1(c)(iv) In South Australia the day on which Adelaide Cup Day is observed;
7.5.1(c)(v) In Victoria the day on which Melbourne Cup Day is observed;
7.5.1(c)(vi) In Western Australia the day on which Foundation Day is observed; and
7.5.2 Substitute days
Substitute days may also be taken in lieu of public holidays listed in this clause, where the Commonwealth, State or Territory or locality provides for this day and it is proclaimed or gazetted. Where substitute days are provided, the day on which the holiday would have fallen will not be deemed to be a public holiday.
7.5.2(a) When Christmas Day is a Saturday or Sunday, a holiday in lieu will be observed on 27 December.
7.5.2(b) When Boxing Day is a Saturday or Sunday, a holiday in lieu will be observed on 28 December.
7.5.2(c) When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu will be observed on the next Monday.
7.5.2(d) In the State of South Australia the day observed as Proclamation Day will be substituted for Boxing Day.
7.5.2(e) In Hobart, if the Birthday of the Sovereign is not observed as a holiday then Hobart Cup Day is substituted.
7.5.3 Substitution of public holidays at the workplace
[7.5.3(a) renumbered as 7.5.3 by S2976 from 01Feb00]
An employer, with the agreement of their employees may substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement. This is subject to Level 1 Facilitation.
[7.5.3(b) deleted by S2976 from 01Feb00]
7.5.4 Additional holidays
Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out above, those days will constitute additional holidays for the purposes of this award.
7.5.5 Public holiday and termination of employment
7.5.5(a) An employer will not terminate the employment of an employee for the purpose of evading payment for the holidays prescribed by this award.
7.5.5(b) Where an employee is dismissed within one week before any holiday (or within one week before the first day of several holidays), their re-engagement by the same employer within one week after such holiday (or, as the case may be, within one week after the last day of such several holidays), will be prima facie evidence that their employment was terminated in breach of 7.5.5(a).
7.5.5(c) Where the employer terminated the employment within one week of a day on which a holiday occurs, the employee will be paid for such holiday or holidays prescribed by this award, provided that such employee had been employed by the employer for a period of at least one week prior to the termination of the employment.
7.5.6 Absence from employment
7.5.6(a) Where an employee is absent from the employee’s employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee will not be entitled to payment for such holiday.
7.5.6(b) When an employee is absent from their employment for a period exceeding 21 consecutive days with the consent of the employer or through an injury in respect of which they are paid Workers' Compensation under the appropriate State or Territory Act, the employee will not be entitled to payment for any public holidays occurring during any period of absence which exceeds 21 consecutive days. This provision will not apply where the absence is due to personal ill-health, or to personal injury in respect of which the employee is not paid Workers' Compensation under the appropriate State or Territory Act.
7.5.7 Payment for holidays
The wage payable under this clause to a weekly employee when that employee is absent from work on a public holiday which occurs on an ordinary working day will be the ordinary wage the employee would have received on that day had that day not been a public holiday.
7.5.8 Work on a public holiday
7.5.8(a) An employee who has been notified that the employee will be required to work on a public holiday or a substitute public holiday in accordance with 7.5.3, and reports for work and is ready willing and able to perform the work of which the employee has been notified will be provided with at least four hours work or at least four hours pay at the rate prescribed by this subclause.
[7.5.8(b) corrected by S2976; substituted by PR913089 ppc 20Feb02]
7.5.8(b) A full-time employee will be paid at the rate of double time and a half for all work done on a public holiday. Where a regular part-time employee works on the holiday, such employee will be paid in accordance with this clause. A casual employee will be paid at the same rate as a weekly employee, with the addition of 25%. This extra rate is in substitution for and not cumulative on the shift allowances prescribed in 6.2.3 and the penalty rates in 6.1.1(d), 6.1.2(d), 6.1.3(f), 6.1.6 and 6.4.
7.5.9 When a holiday is to be taken
Night shift employees will take the holidays specified in this clause on the night of the day on which the holiday is observed, except where the employer and the majority of employees working night shift agree that the holiday will be taken on the eve of the day on which the holiday is observed. This agreement is not subject to 2.3 - Facilitative provisions.
7.5.10 Rostered day off falling on a public holiday
7.5.10(a) Except as provided for in 7.5.10(b), where a full-time employee's ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled to, either:
This will not apply where the rostered day off falls on a Saturday or Sunday.
7.5.10(b) Where an employee has credited time accumulated, then such credited time should not be taken as a day off on a public holiday.
7.5.10(b)(i) If an employee is rostered to take credited time as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer will allow the employee to take time off on an alternative day.
7.5.10(b)(ii) 7.5.10(b) and 7.5.10(b)(i) above will not apply in relation to days off which are specified in an employee's regular roster or pattern of hours. 7.5.10(a) will apply in such circumstances.
7.5.10(c) Credited time in this sub clause is the time in each day which an employee works ordinary hours in excess of the daily average.
