AN120012 – Aged Care Industry (Broken Hill) Award
(a) The following shall be deemed public holidays: New Years' 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 organisation is situated.
(b)
(i) In addition to those holidays specified in subclause (a) of this clause, employees shall be entitled to an extra public holiday each year. Such public holiday shall occur on the day on which the August Bank holiday is observed, or at the election of the employer, may be transferred as an additional public holiday to a day between Christmas and New Year.
(ii) Any individual employer wishing to transfer the August Bank Holiday shall nominate before July 1 of each calendar year, the date on which the additional public holiday is to be observed. Such date shall occur within the days of Monday to Friday inclusive and shall not coincide with a date that is already a gazetted public holiday for that calendar year. Once such an election is made, such date then becomes the date on which the additional public holiday is to be observed for all workers in that establishment covered by this award.
(iii) The foregoing will not apply where in each year, a day in addition to the ten named public holidays specified in subclause (a) is proclaimed and observed as a public holiday, and will not apply in those areas where, in each year at least two half days, in addition to the ten named public holidays specified in the said subclause (a), are proclaimed and observed as half public holidays.
(iv) Provided further, that in areas where in each year, only one half day in addition to the ten named public holidays specified in subclause (a) as proclaimed and observed, the whole day will be regarded as a public holiday for the purposes of this award, and no additional public holiday which would otherwise result from this subclause will be observed.
(c) Public Holiday Rates
(i) Public Holidays shall be allowed to employees without loss of ordinary pay.
(ii) An employee shall not be entitled to the benefits of the preceding sub-clause in respect of any public holiday if absent from work without reasonable cause on the working day before or after the public holiday.
(iii) Where an employee is rostered to and does work on any public holiday, he/she shall be paid in lieu of the normal penalties that the shift would have attracted, the following:
(a) Full time and Permanent Part-time employees - 100% extra for all time worked, plus one day's pay in addition to the normal weekly rate, or, as the employee may elect, 100% extra for all time worked in addition to the weekly rate, and the addition of one ordinary working day to the employee's annual leave entitlement, normally to be taken in conjunction with annual leave.
(b) Casual employee - 100% extra for all time worked, but, such penalty shall supersede the normal casual loading and any other penalty rate normally paid for that days work. The 100% shall be inclusive of the casual loading not cumulative.
(c) Full time shift workers rostered off duty on a public holiday shall be paid one day's pay in addition to the weekly rate, or, as the employee may elect, have one day credited to the employee's annual leave entitlement, normally to be taken in conjunction with annual leave.
(d) Permanent Part-time workers working 30 hours per week over five days per week shall be entitled to payment for public holidays on which they are not required to work and for public holidays falling on a rostered day off.
(e) Where a public holiday falls on a day upon which a Monday to Friday employee would not normally have worked, the employee will not attract any additional allowance or entitlement as a consequence of the day on which the holiday falls. Except that, where an alternative day is substituted by Government gazette, the substituted day shall be for all purposes, the Public Holiday.
