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AN120011 – Aged Care General Services (State) Award

13. PUBLIC HOLIDAYS

(i) Public holidays shall be allowed to employees without loss of ordinary pay.

(ii) For the purposes of this award, the following shall be deemed to be public holidays: New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day; and any other day duly proclaimed and observed as a public holiday within the area in which the facility is situated.

(iii) (a) In addition to those public holidays specified in subclause (ii), employees shall be entitled to an extra public holiday each year. Such public holiday shall occur on the day on which August Bank Holiday is observed, or at the election of the employer, may be transferred and observed by all employees in that facility, as an additional public holiday on a day between Christmas and New Year.

(b) An employer so wishing to transfer the August Bank Holiday shall nominate before July 1 of each calendar year the day on which the additional public holiday is to be observed. Such date shall occur within the days Monday to Friday inclusive and shall not coincide with a date that is already a gazetted public holiday for that calendar year.

(c) The foregoing shall not apply in areas where, in each year, a day in addition to the public holidays specified in subclause (ii) is proclaimed and observed as a public holiday, and will not apply in areas where, in each year, two half-days, in addition to the public holidays specified in subclause (ii), are proclaimed and observed as two half public holidays.

(d) Provided that, in areas where, in each year only one half-day, in addition to the public holidays specified in subclause (ii), is proclaimed and observed as one half public holiday, for the purposes of this award, the whole day will be regarded as a public holiday and no additional public holiday will be observed which would otherwise apply as a result of this subclause.

(iv) An employee who is required to and does work on any public holiday prescribed in this clause shall be paid in lieu of all other shift allowances (except broken shift allowances), weekend penalty rates, casual loading, and part-time loading, as follows:

(a) Full-time employees:

(1) half time extra for all time worked, plus one day's pay in addition to the weekly rate;
or alternatively, if the employee so elects,

(2) half time extra for all time worked in addition to the weekly rate and have one ordinary working day added to be taken in conjunction with the period of annual leave.

(b) Permanent part-time employees -

(1) time and one half extra for all time worked, in addition to the weekly rate; or alternatively, if the employee so elects;

(2) half time extra for all time worked and the equivalent number of hours worked added to be taken in conjunction with the period of annual leave.

(c) Casual employees shall be paid double time and one half for all time worked.

(v) Full-time shift-workers rostered off duty on a public holiday shall:

(a) be paid one day's pay in addition to the weekly rate; or

(b) if the employee so elects have one day added to be taken in conjunction with his/her period of annual leave.

(vi) The election provided for in subclauses (iv) and (v) shall not be altered by the employee during the currency of this award, unless agreed to by the employer.

(vii) Permanent part-time employees shall be entitled to payment for public holidays which they have been allowed off.

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