AN120470 – Retail Services Employees (State) Award
Provisions in accordance with the said Shop Employees (State) Award shall apply to every employee allowed a holiday specified therein.
For the purposes of this clause, any employee whose ordinary hours of work commence before and continue past midnight shall be regarded as working on a holiday only if the greater number of the employee's working hours fall on the holiday, in which case all time worked shall be regarded as holiday work; provided that if the number of ordinary hours worked before and past midnight is equal, all ordinary time worked shall be regarded as time worked on the day on which the shift commenced.
(a) Where a holiday occurs on the rostered day off, of a Retail Building Assistant, Retail Security Assistant (as defined in paragraph (a) of subclause (i) of clause 2, Definitions) or any six-day shift worker; and
(1) such employee is not required to work on that day, the employer shall pay the employee eight hours' ordinary pay in respect of such day; or
(2) such employee is required to work on that day, the employer shall pay the employee eight hours' ordinary pay in respect of such time and in addition at the rate of time and one-half for the first eight hours (with a minimum payment of four hours) and double time and a half thereafter.
(b) The employer may, in lieu of the payment of eight hours' ordinary pay prescribed in subclause (a) of this clause, add a day to the annual leave period.
(c) Any day or days added in accordance with this clause shall be the working day or working days immediately following the annual leave period to which the employee is entitled under clause 15, Annual Leave.
(d) Where the employment of an employee has been terminated and there is thereby an entitlement under Section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday with respect to a period of employment, such employee shall be entitled also to an additional payment for each day accrued under this clause, at the appropriate ordinary rate of pay, if payment has not already been made in accordance with subclause (a) of this clause.
