AP818456CRV - Wool Scourers and Carbonisers Award 2002
34.1 All employees, other than casual employees, must be entitled to holidays without deduction of pay (which is the ordinary rate of pay an employee would have received for the hours that they would have worked had the day not been a holiday) on the following days:
34.1.1 New Year's Day, Good Friday, Australia Day, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and
34.1.2 The following days, as prescribed in the relevant States, Territories and localities: Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and
34.1.2(a) In Victoria: Melbourne Cup Day in Melbourne and Metropolitan districts or such other day declared or prescribed in other Victorian localities in lieu of Melbourne Cup Day.
34.1.2(b) In South Australia: Commemoration Day shall be substituted for Boxing Day.
34.1.3 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
34.1.5 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
34.1.6 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.
34.2 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 34.1 above, those days shall constitute substituted holidays for the purpose of this award.
34.3 Changing public holidays by agreement
34.3.1 An employer and his or her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement.
34.3.2 An agreement pursuant to 34.3.1 must be recorded in writing and be available to every affected employee.
34.4 Pieceworkers
Pieceworkers shall be paid for such holidays, when not required to work, at the ordinary rates payable to employees on time work doing the same class of work.
34.5 Rostered day off or accumulated time off falling on a holiday
In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off shall not coincide with a holiday fixed in accordance with this clause. Provided that, in the event that a holiday is prescribed after an employee has been given or gives notice of a weekday off and the holiday falls on such weekday, the employer shall allow the employee to take an alternative weekday off in lieu of the holiday.
34.6 Termination within fourteen days of a holiday
Where the engagement of a weekly employee is terminated by his/her employer within fourteen days preceding any of the abovementioned holidays, such employee shall be paid for the holiday or holidays if such employee has been continuously employed by his/her employer for at least one month immediately preceding that holiday; provided that such employee does not commence work with another employer and is paid by such other employer for such holiday.
34.7 Full-time employees working non-standard hours
This subclause applies only to full-time employees employed by approved respondent employers who do not regularly work a five-day, Monday to Friday week, as provided for elsewhere in this award.
34.7.1 When a prescribed holiday falls upon a day when the employee would not be working in any event the employee shall receive:
34.7.1(a) a day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or
34.7.1(b) an additional day's wage.
34.7.2 If an employee is rostered to work on the public holiday or its substitute day (except Christmas Day) the employee is entitled to:
34.7.2(a) If the employee is not required to work on the public holiday the employee shall receive the payment the employee would ordinarily receive for that day and is not entitled to the substituted day off.
34.7.2(b) If the employee is required to work on the public holiday the employee is entitled to receive the normal rates of pay for working that day and the substitute day as a holiday. (If the substitute day is a non-working day for the employee, the employee would receive the compensation described in 34.7.1.)
34.7.2(c) If the employee is required to work on the substitute day the employee shall receive the rates of pay for working on a public holiday.
34.7.3 If an employee is rostered and required to work on both the "actual" public holiday and its substituted day (this would only occur if the holiday was to fall on a Saturday or a Sunday) the employee would be entitled to:
34.7.3(a) a day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or
34.7.3(b) payment at public holiday rates for the day's work for the substituted day, and payment at the normal rates for Saturday or Sunday for the actual public holiday.
34.8 Christmas Day loading
If the employees are rostered to work on a Saturday or Sunday that is a Christmas Day and are required to work, the employee shall receive the normal Saturday or Sunday rate plus a loading of one-half of a normal day's wages for the full day's work and be entitled to the substitute day.
34.9 Permanent part-time employees (non-casual)
Where the normal roster of part-time employee includes a day that is a holiday, the employee shall receive the normal pay he/she would have received on that day, subject to 34.4, and enjoy the holiday or receive the appropriate public holiday rate for working whatever hours he/she work during it.
34.9.1 For part-time employees whose normal roster includes a Saturday or Sunday that would be a prescribed holiday but for the substitution of an alternative day, the following shall apply:
34.9.1(a) The employee shall be granted leave with pay on the "actual day" without any substitution; or
34.9.1(b) The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and is allowed to take another day with pay, which may or may not be the prescribed substitute day, as a holiday; or
34.9.1(c) The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and receives, in addition, payment at ordinary time rates for an additional day of equal length (with no substitution of an alternative day).
34.9.2 If any of these benefits applies, the employee who works on the prescribed substitute day should do so at ordinary time rates.
34.10 Casual employees working on public holidays
[34.10 substituted by PR936419 ppc 14Aug03]
A casual employee who works on the day prescribed as the public holiday shall be paid the appropriate public holiday pay as provided for elsewhere in this award. The employee should receive the ordinary casual rate plus the applicable penalty. That is, the prescribed holiday rate for non-casual employees of 2.5 times ordinary rates plus the casual loading of 22.5 per cent from 14 August 2003 and 25 per cent from 14 February 2004.
34.11 Absences before or after public holidays
Where an employee is absent from employment on the working day or part of the working day before or part of the working day after a public holiday without reasonable excuse or without the employers consent, the employee shall not be entitled to payment for the relevant public holiday.
34.12 Unpaid leave and public holidays
Any continuous period of unpaid leave in excess of four weeks shall not be deemed to be service and the employee shall not be entitled to payment for any holiday falling within this period of leave.
